1. ACCEPTANCE: (Bubbling With Energy Pty Limited as trustee for the BWE Entertainment trust is referred to as BWEE. WE ACCEPT AND CONFIRM YOUR ORDER FOR THE ITEMS, GOODS AND PRODUCTS DESCRIBED ON THE COVER PAGE OF THIS CONFIRMATION OF ORDER. YOU AGREE TO THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE COVER PAGE AND AS SET FORTH HEREIN BELOW. NO DIFFERENT OR ADDITIONAL TERMS ARE ACCEPTABLE BY BWEE UNLESS AGREED ON IN WRITING AND SIGNED BY BWEE . THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER TERMS AND CONDITIONS APPEARING ON BUYER’S ORDER OR ELSEWHERE AND APPLY TO ALL QUOTATIONS MADE AND ORDERS ACCEPTED BY BWE UNLESS SPECIFICALLY STATED TO THE CONTRARY ON THE FACE OF THIS CONFIRMATION OF ORDER. BWEE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR CLERICAL ERRORS MADE IN ANY QUOTATIONS, ORDERS OR BWE PUBLICATIONS.

2. PAYMENT: PAYMENT SHALL BE MADE AS FOLLOWS: BUYER MUST MAKE A 50% DEPOSIT ON THE PRICE OF EACH CUSTOM MADE ITEM OR EACH ITEM NOT CURRENTLY IN STOCK AT THE TIME OF BUYER’S RETURN OF THIS CONFIRMATION OF ORDER. THE BALANCE IS DUE PRIOR TO THE DATE OF SHIPPING THE ITEM, WHICH DATE WILL BE PROVIDED TO BUYER BY BWE ON THE COVER PAGE OR AS SOON AS POSSIBLE. FOR ORDERS OF EQUIPMENT AND ITEMS IN STOCK, PAYMENT SHALL ACCOMPANY BUYER’S RETURN OF THIS CONFIRMATION OF ORDER. PAYMENT IS to BE MADE IN CASH OR ELECTRONIC REMITTANCE. CREDIT CARDS WILL BE ACCEPTED HOWEVER A 3% ADDITIONAL CHARGE WILL APPLY

3. SHIPMENT: THE GOODS WILL BE FREIGHTED AT THE PURCHASERS EXPENSE AND NO LIABILITY FOR DAMAGE OR LOSS WILL BE BORNE BY BWEE

4. DELIVERY: THE PROJECTED DELIVERY DATE IS BWEE REASONABLE ESTIMATE, BASED ON CURRENT AND ANTICIPATED FACTORY LOADS, OF WHEN THE ORDER WILL BE SHIPPED. BWE 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, ACTS OF GOD, ACTS OF GOVERNMENT, FIRES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, STRIKES, FREIGHT EMBARGOES OR DELAYS, AND SEVERE WEATHER. IF THE DELAY IS CAUSED BY THE DELAY OR DEFAULT OF A SUBCONTRACTOR OF BWE AND IF SUCH DELAY ARISES FROM CAUSES BEYOND THE CONTROL OF EITHER BWE OR THE SUBCONTRACTOR, BWEE SHALL NOT BE LIABLE TO BUYER IN DAMAGES.

5. LIMITED WARRANTY: BWE PROVIDES BUYER A LIMITED REPAIR AND REPLACEMENT WARRANTY AND AGREES AND WARRANTS ONLY THAT THE PRODUCTS, IDENTIFIED BY CATEGORY, WILL BE FIT FOR THEIR INTENDED PURPOSE, MERCHANTABLE, AND WITHOUT MATERIAL DEFECT IN WORKMANSHIP AND MATERIALS FOR THE PERIOD AND TYPES OF PRODUCT SPECIFIED AS FOLLOWS:

* INFLATABLES: One (1) YEAR FROM THE DATE OF SHIPMENT TO BUYER, EXCLUDING WEAR PANELS AND COVER SHEETS, AND GAME ACCESSORIES.

* PIECES AND PARTS ORDERED FROM BWE: THIRTY (30) DAYS FROM DATE OF SHIPMENT TO BUYER

A PRODUCT SHALL NOT BE CONSIDERED DEFECTIVE IF IT IS A DIFFERENT COLOUR THAN SHOWN IN BWEE’ CATALOGUE AND NO WARRANTY IS MADE RELATING TO COLOUR. ALL REQUESTS BY BUYER FOR WARRANTY WORK AND REPLACEMENTS ARE SUBJECT TO PRODUCT INSPECTION AT THE BWE’ FACTORY IN SYDNEY, NSW. BUYER MUST SHIP THE PRODUCTS TO BWE AT BUYER’S EXPENSE. ORDINARY WEAR AND TEAR WILL NOT INVALIDATE BWE’ LIMITED WARRANTY, BUT MISUSE, IMPROPER HANDLING OR STORAGE, IMPROPER REPAIRS, IMPROPER MAINTENANCE AND CARE, OR ACCIDENTAL, ABUSIVE OR NEGLIGENT TREATMENT OF THE PRODUCT WILL INVALIDATE BWE’ WARRANTY. BUYER MUST USE STAKES, TIE-DOWNS AND GROUND COVERS AT ALL TIMES TO ENSURE 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 REPAIR OF WHICH IS THE RESPONSIBILITY OF BUYER. IF A RETURNED PRODUCT IS EVALUATED AND FOUND DEFECTIVE, AND THE WARRANTY FOR SUCH PRODUCT IS IN FORCE, BWE WILL BEAR THE COST OF SHIPPING THE REPAIRED OR REPLACED PRODUCT TO BUYER; OTHERWISE, ALL SHIPPING COSTS WILL BE BORNE SOLELY BY BUYER. NO STATEMENT, REMARK OR REPRESENTATION OF ANY EMPLOYEE OR AGENT OF BWEE MAY VARY THIS LIMITED WARRANTY UNLESS IN WRITING AND SIGNED BY THE AUTHORISED OFFICER OF BWEE.

6. INSPECTION: BUYER SHALL INSPECT THE PRODUCT(S) PROMPTLY AFTER RECEIPT AND SHALL NOTIFY BWE IN WRITING OF ANY CLAIMS, INCLUDING CLAIMS OF BREACH OF WARRANTY, WITHIN SEVEN(7) DAYS AFTER BUYER DISCOVERS OR SHOULD HAVE DISCOVERED THE FACTS UPON WHICH THE CLAIM IS BASED. FAILURE OF BUYER TO GIVE WRITTEN NOTICE OF A CLAIM WITHIN THE INSPECTION TIME PERIOD SHALL BE DEEMED TO BE A 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).

7. DISCLAIMER: THE PROVISIONS OF PARAGRAPH 5 ARE BWEE’s SOLE OBLIGATION AND BWEE EXCLUDES ALL OTHER REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE AND CUSTOMS OF THE TRADE, WHETHER OR NOT SAID PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. BWE FURTHER 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.

8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL BWEE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, DELAY OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THIS CONFIRMATION OF ORDER OR BWEE OR BUYER’S PERFORMANCE OR NONPERFORMANCE, OR ANY ACTS OR OMISSIONS OF BWE, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE GOODS FOR ANY PURPOSE WHATSOEVER. IN ANY AND ALL EVENTS, IF BWE IS FOUND LIABLE FOR DAMAGES, NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIONS OF PARAGRAPHS 7 AND 8, BWEE SHALL NOT BE RESPONSIBLE FOR DAMAGES TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BUYER AND BUYER’S CUSTOMERS, FOR AN AMOUNT EXCEEDING THE AMOUNT PAID BY BUYER FOR THE PRODUCTS ORDERED AND CONFIRMED BY THIS CONFIRMATION ORDER.

9. TOLERANCES: ALL DIMENSIONS STATED IN THE CATALOGUES OR ELSEWHERE PERTAINING TO PRODUCTS SOLD BY BWE ARE APPROXIMATE AND WITHIN INDUSTRY TOLERANCES.

10. PATENTS: BWEE 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. IF BWE DETERMINES, IN ITS SOLE DISCRETION, THAT MAKING, USING, OR SELLING THE GOODS WOULD RESULT IN THE INFRINGEMENT OF ANY PATENT, BWE RESERVES THE RIGHT TO CEASE MANUFACTURING AND/OR SHIPPING THE PRODUCT, WITHOUT LIABILITY TO BUYER.

11. MODIFICATIONS: 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 BWEE UNLESS CONTAINED IN A WRITING SIGNED BY BWE AND EXPRESSLY STATING BOTH THAT SUCH TERMS ARE BEING MODIFIED AND THE NATURE OF SUCH MODIFICATION. THIS ORDER CANNOT BE CHANGED WITHIN THE TWO (2) WEEK PERIOD PRIOR TO THE PROJECTED SHIPMENT DATE FROM THE MANUFACTURING PLANT (COUNTRY OF ORIGIN) UNLESS BWE AND BUYER MUTUALLY AGREE TO AN APPROPRIATE CHANGE OF ORDER FEE AND AN APPROPRIATE NEW SHIPMENT DATE, IF APPLICABLE.

12. CANCELLATION: BUYER MAY CANCEL THIS ORDER, IN WHOLE OR IN PART, UPON WRITTEN NOTICE TO BWE ON OR BEFORE THE FOURTEENTH DAY PRIOR TO THE PROJECTED SHIP DATE FROM THE MANUFACTURING PLANT. UNLESS CANCELED ON OR BEFORE THE FOURTEENTH DAY PRIOR TO THIS DATE, BUYER SHALL BE LIABLE FOR THE PAYMENT OF CANCELLATION CHARGES, WHICH 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 BWE THAT IS PROPERLY ALLOCABLE 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 BWEE WOULD HAVE MADE FROM FULL PERFORMANCE BY BWE, PLUS (4) THE COSTS OF ENGINEERING, PROTOTYPES, TESTING, TOOLING, AND SIMILAR ITEMS PRODUCED FOR BUYER, PLUS (5) THE REASONABLE COSTS INCURRED BY BWEE IN MAKING SETTLEMENT AND EFFECTING COLLECTION HEREUNDER. IN NO EVENT WILL THE FEE FOR BUYER’S ULTIMATELY CANCELLATION OF AN ORDER BE LESS THAN TEN PERCENT (10%) OF THE TOTAL ORDER, BUT NO SUCH CANCELLATION FEE WILL BE IMPOSED IF BUYER COMPLIES WITH THE FIRST SENTENCE OF THIS PARAGRAPH 12.

13. RETURNS POLICY: FOR ANY ITEM PURCHASED FROM BWEE AND RETURNED FOR REASONS UNRELATED TO A WARRANTY CLAIM, A RESTOCKING FEE OF TWENTY-FIVE PERCENT (25%) OF THE PRICE OF THE ITEM(S) RETURNED WILL BE PAID BY BUYER., ON TOP OF THE PREVIOUSLY PAID PURCHASED PRICE WHICH BWEE WILL BE ENTITLED TO RETAIN.

14. TAXES: ALL CHARGES ARE SUBJECT TO THE FEDERAL, STATE AND LOCAL TAXES, IF ANY, PERTINENT AT THE POINT OF DELIVERY. BUYER SHALL PAY SUCH TAXES IMPOSED ON THIS ORDER, AND ALL PENALTIES AND INTEREST, IF ANY, ACCRUED THEREWITH.

15. FOR AUSTRALIAN CUSTOMERS: INTERPRETATION: THE RIGHTS AND LIABILITIES ARISING OUT OF THIS CONTRACT WITH BWE SHALL BE DETERMINED UNDER THE UNIFORM COMMERCIAL CODE AS ENACTED IN NSW.

15A. FOR NEW ZEALAND CUSTOMERS: INTERPRETATION: THE RIGHTS AND LIABILITIES ARISING OUT OF THIS CONTRACT WITH BWE SHALL BE DETERMINED UNDER THE UNIFORM COMMERCIAL CODE AS ENACTED IN SOUTH ISLAND.

16. USE AND INDEMNIFICATION: BUYER IS SOLELY RESPONSIBLE FOR THE MANNER OF USE OF THE PRODUCTS AND OTHER EQUIPMENT. 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, MEDICAL CONDITION LIMITATIONS), TO ENSURE THE SAFETY OF THE USERS. BUYER SHALL USE STAKES, TIE-DOWNS, AND OTHER APPLICABLE DEVICES NECESSARY TO ENSURE THE SAFETY OF USERS. BUYER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND BWE FROM ACTIONS AND CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS OF BUYER AND USERS OF THE GOODS AND PRODUCTS SOLD TO BUYER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GOODS AND PRODUCTS HEREIN DESCRIBED OR RESULTING FROM THE BREACH OF THE PROVISIONS IN THIS CONFIRMATION OF ORDER BY BUYER. IN THE EVENT BWE IS REQUIRED TO COMMENCE AN ACTION TO ENFORCE THIS PROVISION, BUYER SHALL PAY ALL OF BWEE LEGAL COSTS AND EXPENSES.

17. INTEGRATION: THERE ARE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE EXCEPT THOSE HEREIN CONTAINED, AND NO AGREEMENTS OR WAIVERS COLLATERAL HERETO SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY BUYER AND ACCEPTED BY BWE. THIS CONFIRMATION OF ORDER CONTAINS ALL OF THE PROMISES, WARRANTIES, TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ANY AND ALL ORAL OR IMPLIED PROMISES, UNDERTAKINGS AND PRIOR AGREEMENTS.

18. FOR AUSTRALIAN CUSTOMERS: GOVERNING LAW, JURISDICTION AND VENUE: IN THE EVENT OF LITIGATION BETWEEN THE PARTIES CONCERNING THE ORDER OR ANY PRODUCT SHIPPED TO BUYER HEREUNDER, SUCH ACTION SHALL BE GOVERNED BY THE LAWS OF NEW SOUTH WALES. VENUE SHALL BE IN SYDNEY, NSW, AND THE ACTION SHALL BE BROUGHT IN THE NSW COURTS OF APPROPRIATE JURISDICTION.

18A. FOR NEW ZEALAND CUSTOMERS: GOVERNING LAW, JURISDICTION AND VENUE: IN THE EVENT OF LITIGATION BETWEEN THE PARTIES CONCERNING THE ORDER OR ANY PRODUCT SHIPPED TO BUYER HEREUNDER, SUCH ACTION SHALL BE GOVERNED BY THE LAWS OF SOUTH ISLAND. VENUE SHALL BE IN CHRISTCHURCH, SOUTH ISLAND, AND THE ACTION SHALL BE BROUGHT IN THE SOUTH ISLAND COURTS OF APPROPRIATE JURISDICTION.

Company Disclaimers:

  • Blowers sold separately.
  • Colours shown not guaranteed.
  • Due to constant development, game designs are subject to change without notice.
  • All game dimensions and weights are approximate and may differ from time to time.
  • We will not be responsible for any additional charges for freight over what may have been quoted at the time of placing the order, or at the time of shipping the order.