TERMS & CONDITIONS

“Seller” is Party Tents Direct, a New York corporation. “Buyer” is the person, company or entity purchasing the product(s) or device(s) by this order.

"Product(s)" or "Device(s)": All items sold by Seller, including party tents, tables, chairs, inflatables, and accessories.

"Inflatable": Air-filled play structures used for entertainment and/or sporting purposes.

"Custom Product": Any product with custom designs, colors, or artwork not standard in Seller's catalog, or any original product that Buyer has requested changes or modifications to.

"Accessories": Non-inflatable items including but not limited to stakes, tarps, storage bags, tie-downs, and sandbags.

"Warranty Period": The applicable time period for warranty coverage as specified in the Limited Warranty section.

"Business Days": Monday through Friday, excluding federal holidays.

We accept this order for the product(s) or device(s) listed on this sales order. Buyer has read and fully understands and agrees to these terms and conditions set forth at: https://www.partytentsdirect.com/terms-conditions/. No different or additional terms will be accepted by Seller without written consent of authorized Seller personnel. Seller is not responsible for clerical or typographical errors made on any of its documents, quotations, or literature.

All charges are subject to the federal, state and local taxes, if any. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith. All duty and or taxes owed for international orders will be paid by Buyer to custom authorities for their respectful country. IF BUYER IS WITHIN THE STATE OF NEW YORK, BUYER IS SUBJECT TO NEW YORK SALES TAX ON ALL PURCHASES, UNLESS “SELLER” IS SUPPLIED WITH A VALID AND COMPLETED NEW YORK STATE CERTIFICATE OF EXEMPTION (ST-120) FORM. IF BUYER CHOOSES TO PICK UP THEIR ORDER DIRECTLY FROM SELLER’S NEW YORK FACILITY, BUYER WILL BE SUBJECT TO NEW YORK SALES TAX. IF BUYER WHO CLAIMS EXEMPTION IS, IN FACT, NOT EXEMPT, WE WILL CHARGE THE CUSTOMER FOR ANY TAX THAT IS DUE.

In addition to the terms described above, payment shall be made on all Seller’s products as follows:

a) Full 100% payment is due on all orders prior to shipping, unless otherwise agreed to in writing by Seller. Partial payment equal to 33% must be paid to Seller at time of order to reserve a production space on the production schedule. Custom orders require a 50% non-refundable partial payment in advance of starting any orders.

b) The estimated ship date for all products is 48 hours from the date the order is fully paid. For each business day a deposit is delayed, an additional day may be added to the estimated shipping date.

c) Final payments on all orders must be received within 90 days of the order being placed, or the stock for that order will be released.

d) Payments must be received in the form of certified funds, money order, bank wire transfer, cash or credit card. Company or Personal Checks require ten (10) business days for funds to clear before shipment is released.

e) RETURNED CHECK POLICY: In the event that a check is returned and marked as non-sufficient funds (NSF), Buyer agrees to pay a $25 returned check fee to Seller and make new payment arrangements within three (3) business days of written notice. Seller reserves the right for any legal remedies, if necessary.

a) THE SHIP DATE IS APPROXIMATELY 48 HOURS AFTER SELLER RECEIVES FULL PAYMENT. IT IS NOT A PROMISE DATE.

b) FOB POINT: All goods shall be shipped F.O.B. Buffalo, New York. Risk of loss passes to Buyer when Seller delivers the order to the carrier.

c) “Seller” utilizes the services of several common carriers to handle the delivery of their products.

d) FORCE MAJEURE: Seller is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes, acts of government, or other conditions beyond the reasonable control of Seller.

e) All orders over $50 require a signature. Please track your shipment and make arrangements to be available to sign for your delivery.

f) Freight products ship at a flat rate to your business address with a loading dock or forklift. There will be no additional shipping charges unless you choose to add on residential lift gate service for an additional $125. Buyer is required to inform Seller if these services are required in advance of shipment.

g) FREE SHIPPING APPLIES ONLY TO GROUND SHIPPING WITHIN THE CONTINENTAL UNITED STATES FOR ORDERS TOTALING MORE THAN $39.99. IF YOUR ORDER IS $39.99 OR LESS OR IS SHIPPING OUTSIDE THE CONTINENTAL UNITED STATES, OR YOU REQUIRE EXPRESS SERVICES, YOU WILL HAVE THE OPTION OF CHOOSING FEDEX OR USPS.

h) DAMAGES CAUSED BY SHIPPER ARE NOT THE RESPONSIBILITY OF SELLER. Freight carriers’ policies for handling of damaged goods during shipping must be followed. BUYER IS RESPONSIBLE FOR INSPECTING THE SHIPMENT FOR DAMAGE AND OR ANY LOSS IMMEDIATELY UPON RECEIVING SHIPMENT, AND MUST NOTIFY SELLER AND PROVIDE ANY NEEDED DOCUMENTATION (INCLUDING PHOTOGRAPHS) WITHIN 24 HOURS OF RECEIVING SHIPMENT.

Seller offers a 1-YEAR LIMITED WARRANTY on all products sold AND DISTRIBUTED by Seller in the following categories: Tents, Inflatables, Tables, and Chairs.

Seller offers a 30-DAY LIMITED WARRANTY on all accessories and parts including sidewalls, stakes, and storage bags.

Seller IS NOT THE MANUFACTURER for all items. Defects in materials, workmanship, or design must become apparent within the applicable Warranty Period. Seller will honor the original manufacturer's warranty, if any, for products distributed but not manufactured by Seller.

WARRANTY EXCLUSIONS - NO WARRANTY ON:

- Zippers, netting, mesh, Velcro

- Digital printed graphics

- Products packed or stored wet (voids warranty)

- Products repaired by unauthorized repair services

- Color fading or color matching from catalogs/website.

WEAR AND TEAR DUE TO NORMAL USE OR OVERUSE IS NOT COVERED BY THIS WARRANTY. This warranty is void if product is packed wet or repaired by any other repair agency not approved by Seller.

MOLD/MILDEW: Mold or mildew on products voids warranty.

**WEATHER AND ENVIRONMENTAL CONDITIONS**: Damage resulting from environmental factors, including but not limited to high winds, severe storms, lightning, flooding, or other Acts of God, is strictly excluded from all warranty coverage. Seller shall not be liable for any product failure, damage, or loss of value occurring after the order has been delivered to the carrier and risk of loss has passed to the Buyer. It is the Buyer's sole responsibility to monitor weather conditions and take necessary precautions, such as proper anchoring, securing, or storing the equipment, to prevent damage during inclement weather. No refunds, credits, or replacements will be issued for products damaged due to weather-related events.

SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFOREMENTIONED OBLIGATION ARE THEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS AGREEMENT.

In no event shall Seller be responsible for damages including, but not limited to, consequential damages, liquidated damages or lost profits of any nature whatsoever. Buyer’s damages, as against Seller, are limited to whatever amount Buyer actually paid to Seller per this order.

Seller shall be responsible, at its discretion, for round trip ground freight to and from Seller’s facility for the first 90 days after the date of delivery using a Seller approved freight carrier within the 48 contiguous states and not to exceed a maximum of $600.00 USD. Warranty claims made after the initial 90 day period requires Buyer to pay the cost for inbound shipping charges to Seller's facility and Seller will pay the return shipping cost to Buyer.

IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by Seller and a return authorization (RA) number issued; if not, Buyer will be responsible for any freight charges incurred.

Seller will handle all claims for warranty repairs in the following manner:

a) A RETURN AUTHORIZATION (RA) NUMBER WILL BE ISSUED TO THE BUYER.

b) Products received will be examined and an estimate for repairs will be sent to Buyer for approval.

c) Once approved, repairs will be scheduled. Repair orders must be paid in full before shipping back to Buyer.

Buyer shall inspect the product(s) promptly after receipt and shall notify Seller in writing of any claims within fifteen (15) days after Buyer discovers or should have discovered the facts. Failure of Buyer to give written notice within the inspection period shall be deemed a waiver of the claim.

SELLER DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO BUYER OR TO ANY OTHER PERSON FOR INJURY TO PERSON OR DAMAGE TO OR LOSS OF PROPERTY OR VALUE CAUSED BY ANY PRODUCT WHICH HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT; OR MISAPPLIED; OR MODIFIED OR REPAIRED BY UNAUTHORIZED PERSONS; OR IMPROPERLY INSTALLED, OPERATED OR MAINTAINED.

All dimensions and weights stated in catalogues are approximate and within industry tolerances. Seller may substitute standard colors if necessary to complete an order on time.

All logos, product names, trademarks, and designs are proprietary. Any unauthorized reproduction constitutes a copyright infringement.

CUSTOMER-SUPPLIED ARTWORK: Buyer warrants they have the legal right to use any customer-supplied artwork and agrees to indemnify Seller against all claims for intellectual property infringement.

LICENSED PRODUCTS: For products incorporating third-party licensed property, Buyer shall only use pre-approved images/content. Unauthorized use may result in penalties or termination of rights to possess/sell the product.

Buyer may cancel this order within (2) business days from date of order OR prior to shipping, whichever is sooner. Buyer may be liable for cancellation charges, including credit card fees. Orders canceled after two business days may be subject to forfeiture of deposit.

Buyer has 30-DAYS from the date of receiving item to contact Seller for a refund. A re-stocking fee of twenty-five percent (25%) will be paid by Buyer. Buyer is responsible for all shipping charges. Items must be unused. CUSTOM MANUFACTURED PRODUCTS ARE NOT RETURNABLE.

CLEANING FEE: All products returned must be clean and dry. If a returned product requires cleaning, a $500 professional cleaning fee will be charged and deducted from the refund.

Buyer agrees to carry and maintain general liability insurance with coverage limits of no less than $1,000,000 in connection with Buyer's use or rental of any goods purchased from Seller. Proof of insurance shall be provided upon request.

Disputes shall be governed by the laws of the State of New York. Venue shall be in Erie County, New York.

Buyer is solely responsible for the safe use of products, including proper signage, warnings, and participant limitations. [Detailed Indemnification Clause as per T&T...]

These Party Tents Direct TERMS AND CONDITIONS OF SALE will survive beyond the date of this signed document and apply to all existing and future products sold by Party Tents Direct (“Seller”) to customer.

This document Copyrighted 2022-2026, supersedes any existing document both written and published by “Seller”.