Terms and Conditions

Cyclone Distributors, Inc accepts and confirms Buyer’s purchase order for the items, goods and products described on the Sales Invoice with the Confirmation of Order. As a buyer you agree to terms and conditions of sales set forth below. No different or additional terms will be accepted by Cyclone Distributors, Inc unless agreed in writing and signed by Cyclone Distributors, Inc personnel. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on Buyer’s purchase order or elsewhere and apply to all quotations made and orders accepted by Cyclone Distributors, Inc. Unless specifically stated differently on the confirmation of the order, Cyclone Distributors, Inc is not responsible for typographical or clerical errors made in any quotations, orders or publications.

Payment shall be made on all Cyclone Distributors, Inc products as follows: A) Partial payment equal to 30% must be paid to Cyclone Distributors, Inc at time of order to reserve a production space on the production schedule, and 50% must be paid for custom orders. B) Orders placed without a deposit will not be started until a secured deposit has been received. C) The ship date listed on the sales confirmation will reflect the date the deposit is received. For each day a deposit has not been received an additional day may be added to the ship date. D) Final payments on all orders must be received at least 48 hours prior to the listed ship date on the sales confirmation. E) Cyclone Distributors, Inc is not responsible for monitoring final payments. It is the customer’s responsibility to keep track of the date their product is due to ship and make arrangements with Cyclone Distributors, Inc. for the final payment before the scheduled ship date. F) Final payments must be received in the form of certified funds, money order, bank wire transfer, cash or credit card number. G) Cyclone Distributors, Inc. may refuse to manufacture and sell any item (unless payment in full is made) whenever, in the sole discretion of Cyclone Distributors, Inc. there is doubt as to a Buyer’s ability to pay.

A) The ship date indicated on your sales confirmation refers to the estimated time the product will be completed.
B) Cyclone Distributors, Inc. utilizes the services of several common carriers to handle the delivery of their products.
C) Whenever possible Cyclone Distributors, Inc. will offer the discounts afforded to Cyclone Distributors, Inc. to the customer for their shipments through the specified carriers Cyclone Distributors, Inc. deals with.
D) Unless a carrier is specified by customer, Cyclone Distributors, Inc. will use, at its discretion, its best way carrier to get the product to the customer.
E) Cyclone Distributors, Inc. shall ship the goods to the site specified on the Confirmation of Order or, if the Buyer chooses, Buyer shall pick up the goods at Cyclone Distributors, Inc. warehouse during normal business hours.
F) If Buyer picks up goods, Buyer shall inspect goods and sign for receipt of goods in acceptable condition.
G) If shipped, the goods shall be shipped F.O.B. carrier at Cyclone Distributors, Inc. factory, in Baldwin Park, California.
H) Partial shipments of any order to Buyer may be made by Cyclone Distributors, Inc. in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless Cyclone Distributors, Inc. has been paid in full for the entire order.
I) Cyclone Distributors, Inc. is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes and acts of governments.
J) Shipments requiring a lift gate style truck to unload Cyclone Distributors, Inc. products may be subject to additional shipping charges.
K) Damages caused by shipper are not the responsibility of Cyclone Distributors, Inc.. Freight carriers Policies for handling of damaged goods during shipping must be followed to assure that claims are handled properly in the event that Cyclone Distributors, Inc. must collect back damaged shipment to repair. This will assure that Cyclone Distributors, Inc. is reimbursed for any expensed incurred in the repair of damaged goods. The promised delivery date is the estimated possible based on current and anticipated factory loads, of when the order will be shipped. Cyclone Distributors, Inc. shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, destruction or damage to the goods or Cyclone Distributors, Inc. manufacturing plant, shortage of raw materials, acts of nature, public enemy, act of government, fires, floods, strikes, freight embargoes and severe weather. If the delay is caused by the delay or default of a subcontractor of Cyclone Distributors, Inc. and if such delay arises from causes beyond the control of both Cyclone Distributors, Inc. and the subcontractor, Cyclone Distributors, Inc. shall not be liable to Buyer for damages.

Buyer shall inspect the goods promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect, which would be observable upon reasonable inspection of the goods, is waived by Buyer unless Buyer submits claim in writing to Cyclone Distributors, Inc. within Five (5) days of receipt of the merchandise. Failure of Buyer to give written notice of a claim within this inspection time period shall be deemed to be waiver of a claim for defective products, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by Buyer without defect(s).

Inflatable blowers sold by Cyclone Distributors, Inc.: One (1) year manufacturer’s warranty from the date of shipment to Buyer for any defects in the materials and the workmanship that is provided to you in the inflatable blower. Cyclone Distributors, Inc. provides no warranty for defects and/or malfunctions resulting from any tampering, altering or misuse of inflatable blowers. The warranty shall apply to your inflatable blowers only and no other accessories, equipment and parts not sold by Cyclone Distributors, Inc.. All requests of buyer for all warranty work and replacement are subject to product inspection at Cyclone Distributors, Inc. factory in Baldwin Park, California. Ordinary wear and tear will not invalidate Cyclone Distributors, Inc. limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, lack of ground cover under inflatable, or accidental, abusive or negligent treatment of the product will invalidate Cyclone Distributors, Inc. warranty. Buyer must use stakes and all tie-down tethers at all times to insure the safety of users and the equipment. This warranty is not a guarantee that the product, will not through use, handling and storage, develop tears or punctures from time to time; the repairs of which are the responsibility of Buyer. Buyer pays a shipment cost to Cyclone Distributors, Inc. for repair, and Cyclone Distributors, Inc. pays the shipment cost to the Buyer after it has been repaired. No statement, remark or representation of any employee or agent of Cyclone Distributors, Inc. may vary this Limited Warranty unless in writing and signed by the President of Cyclone Distributors, Inc.. Other Equipment (not manufactured by Cyclone Distributors, Inc.): No warranty of any kind is extended by Cyclone Distributors, Inc. but Cyclone Distributors, Inc. will, to the extent it can legally and contractually do so, assign to Buyer, at Buyer’s request, all warranties on such other equipment, if any, offered by the manufactures or suppliers of such other equipment. The fan motor supplied with your inflatable is covered by the blower manufacturer’s own warranty. Any claims of defect in the blower operation must be directed to the blower manufacturer directly for repair or replacement. In case of defects in materials, workmanship or defects arising from the selection of material or procedures of manufacture, such defects must become apparent in the inflatable, equipment or part within 24 months of shipping. The extent of seller’s liability under this warranty is to defects in material or workmanship. Defects arising from the selection of material or the processes of the manufacture are limited to the repair of such defects or to the replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respects with the exception of color fading. The extent of seller’s liability under this warranty as to defects inherent in design is limited to the correction at our expense of all such defects becoming apparent in the inflatable accessory , equipment or part purchased here within one year of use. Seller is not responsible for any lost revenue as a result of a warranty claim by buyer. Seller is not responsible for replacing any inflatable product as a “LOANER” product during a repair of a warranted product. If a “LOANER” product should be available during the repair, buyer will be responsible for all round trip shipping charges and any damages caused to the inflatable supplied. Seller shall make all such repairs, replacements and corrections with care. This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved by Cyclone Distributors, Inc.. NOTE: WEAR AND TEAR due to normal use or overuse is not covered by this warranty. IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by Cyclone Distributors, Inc. and a returned goods authorization number issued; if not, customer will be responsible for the freight charges. Replacement or repair at Cyclone Distributors, Inc. option shall be the sole remedy of buyer with respect to any defective or non conforming goods or parts and shall be the exclusive remedy of buyer, regardless of any remedy otherwise available under applicable law. Cyclone Distributors, Inc. is not liable for remote, special, speculative, or consequential damage. Cyclone Distributors, Inc. is not liable for loss of use or profits under any circumstances.

Under no circumstances shall Cyclone Distributors, Inc. be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Confirmation of Order or Cyclone Distributors, Inc. or Buyer’s performance or nonperformance, or any act or omissions of Cyclone Distributors, Inc. or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event Cyclone Distributors, Inc. is found liable for damages not withstanding the limitations and exclusions contained in this section, Cyclone Distributors, Inc. shall not be responsible for damages to any person or entity, including, but not limited to buyer and Buyer’s customers, for any amount exceeding the amount paid by the Buyer for the products ordered and confirmed by this confirmation order.

All charges are subject to the federal, state and local taxes if any. Customer 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 customer to custom authorities for their respectful country.

Cyclone Distributors, Inc. 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 OR MAINTAINED.

All dimensions and weights stated in the catalogues or instruction material pertaining to products sold by Cyclone Distributors, Inc. are approximate and within industry tolerances.

All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing Cyclone Distributors, Inc. products are proprietary and the sole property of Cyclone Distributors, Inc.. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. Cyclone Distributors, Inc. makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. Buyer shall notify Cyclone Distributors, Inc. if making, using, or selling the goods that may result in the infringement of a patent or copyright.

Prices are subject to adjustment if Buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of this Confirmation of Order shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on Cyclone Distributors, Inc. unless contained in a writing signed by authorized Cyclone Distributors, Inc. personnel and expressly stating both that such terms are being modified and the nature of such modification. This order cannot be changed after 5 business days from date of order without acceptance by Cyclone Distributors, Inc.. Any changes requested are subject to re-quotation of the final cost of the item purchased. An order cannot be changed within the two (2) week period prior to the intended shipment date unless Cyclone Distributors, Inc. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.

Buyer may cancel this order, in whole or in part, upon written notice to Cyclone Distributors, Inc..within 48 hours from date of order. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by Cyclone Distributors, Inc.. Such charges shall be the sum of (1) the price of all goods that have been delivered and not previously paid for, plus (2) the actual cost incurred by Cyclone Distributors, Inc. that is properly applied to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that Cyclone Distributors, Inc.. would have made from full performance by Buyer, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by Cyclone Distributors, Inc. in making settlement and effecting collection hereunder. Buyer may require delivery to it of any material (except tools, molds, dies and any other equipment) for which payment hereunder is made.

All Sales are final unless otherwise agreed to in writing. If however, an item is returned for reasons unrelated to a warranty claim, a restocking fee of 25% of the price of the item(s) refunded will be paid by Buyer. For any item purchased from Cyclone Distributors, Inc. the customer has 72 hours from the date of receiving the item to contact Cyclone Distributors, Inc. to file a refund and return authorization/claim. The customer will be responsible for any and all charges for the shipping of the item(s) returned. The items must be in an unused condition when returned. Any necessary repairs required to bring the item(s) returned to a like new condition will be paid by customer.

Buyer agrees to carry 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 Cyclone Distributors, Inc..

The rights and liabilities arising out of this contract with Cyclone Distributors, Inc. shall be determined under the Uniform Commercial Code as enacted in California, without application of choice of law rules or the United Nations Convention on Contracts for the Sale of Goods (as to foreign shipments

Brach of this contract by Cyclone Distributors, Inc. shall have no effect on the provisions controlling the risk of loss of the goods, and Section 2-510(1) and 2-510(2) of the Uniform Commercial Code shall have no effect on this Confirmation of Order.

“Buyer” (person, company or entity purchasing the inflatable product or device), is solely responsible for the manner of use of the products and other equipment purchased from Cyclone Distributors, Inc..”Buyer” is solely responsible for all signage, labels and warnings to consumers or other users of the products and equipment, and for any and all other acts necessary, including user warnings and limitations (e.g., weight, height, age, number of participants and medical condition limitations), to ensure the safety of the users. “Buyer” acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of their Cyclone Distributors, Inc. product or device. “Buyer” agrees to operate their Cyclone Distributors, Inc..product or device according to the instructions established by Cyclone Distributors, Inc.. “Buyer” agrees to operate their inflatable product or device according to all state and local requirements. “Buyer” agrees to train any person(s) operating the inflatable product or device in the safe operation of the inflatable product or device including safe handling of emergency situations. “Buyer” shall use proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. Buyer agrees to Indemnity, hold harmless, and defend Cyclone Distributors, Inc. and its officers, directors, shareholders, employees and agents against and in respect of any actions and all claims, demands, losses, cost, expense, obligations, liabilities, damages, recoveries and deficiencies, including interest and penalties that Cyclone Distributors, Inc. shall incur, or suffer, which arise, result from, or relate to the use of goods and products sold to Buyer and used by Buyer, Buyer’s lessees, customers, and/or any other third parties using the goods and products, including but not limited to , any other persons injured by or on account of such goods and products described herein. In the event Cyclone Distributors, Inc. is required to commence action to enforce this provision, Buyer shall pay all of Cyclone Distributors, Inc. legal costs and expenses.

The rights and obligations of the Buyer under this Confirmation of Order may not be assigned or delegated by Buyer without the written signed consent of Cyclone Distributors, Inc..

There are no representations, warranties or conditions, expressed or implied, statutory or otherwise except those herein contained, and no Confirmation of Orders or waivers collateral here to shall be binding on either party unless in writing and signed by Buyer and accepted by Cyclone Distributors, Inc… This Confirmation of Order contains all of the promises, warranties, terms and conditions of the Confirmation of Order between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.

To the fullest extent permitted by applicable law, Buyer hereby irrevocably submits to the jurisdiction of any state or federal court located in the County of Los Angeles, State of California, USA, over any action, suit or proceeding to enforce or defend any right under this Confirmation of Order, and Buyer hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard or determined in such state or federal court. To the fullest extent permitted by applicable law, buyer herby irrevocably waives the defense of any inconvenient forum to the maintenance of any such action or proceeding or any other substantive or procedural rights or remedies Buyer may have with respect to the maintenance of any such action or proceeding in any such form and Buyer herby agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law. Buyer agrees not to institute any legal actions or proceedings against Cyclone Distributors, Inc..or any affiliate, arising out of or relating to this Confirmation of order in any court other than as herein above specified.

In the event either party brings an action to interpret or enforce its rights under this Confirmation of Order, the prevailing party shall be entitled to reasonable attorney’s fees and costs which may be set by the court in the same action, in addition to any other relief to which it may be entitled.

If any of the Terms or Conditions of this Confirmation of Order are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, the remaining terms and conditions of this Confirmation of Order shall stay in full force and effect.

Cyclone Distributor’s, Inc. reserves the right to refuse service to anyone at anytime.