Terms and Conditions of Sale
- By purchasing from this website you (“you” or the “Purchaser”) are bound to the purchase of the item(s) stated in the invoice (the “Products”) and agree to pay in full and abide by Above All Advertising, Inc.’s (“AAA”) terms and conditions of sale including these terms and conditions (these “Terms”).
- These Terms may NOT be altered, supplemented or amended by the use of other documents unless otherwise agreed in a written agreement signed by both you and AAA. Any terms or conditions contained in any acknowledgement, purchase order or other communication of Purchasers, which is inconsistent with these Terms, are hereby rejected and these Terms will be deemed an offer or a counteroffer and a rejection of any other terms and conditions. Purchaser, by accepting any Products, making any payments or ordering any Products will be deemed to have agreed to these Terms, notwithstanding any prior, concurrent, or later communication from Purchaser and whether or not AAA specifically or expressly objects to any of Purchaser’s terms or conditions. AAA’s failure to object to any document, communication or act of Purchaser will not be deemed a waiver of any of these Terms. If you do not receive an invoice or order acknowledgement in regards to your purchase, please contact your sales representative and they can assist you in assuring that you obtain a copy.
PAYMENT TERMS - Quotes & Invoices. Payment terms are within AAA’s sole discretion and, unless otherwise agreed to by AAA, payment must be made at the time of purchase. Payment for Products may be made by an agreed-upon method. AAA may invoice parts of an order separately, including shipping.
- All prices quoted exclude CA sales tax (where applicable) and shipping/handling charges.
- Any and all set-up charges will be charged separately should the Purchaser require.
- All necessary liability, event and or other insurance is the sole responsibility of the Purchaser.
SHIPPING CHARGE- Taxes/Title/Risk of loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. If you believe any part of your purchase is missing, wrong or damaged, you must notify AAA within 2 days after receipt of your order. All Products shall be deemed to have been irrevocably accepted by the Purchaser in their current condition unless the purchaser notifies AAA of any defect, nonconformance or other issues within two days of receipt of the Products. Except as set forth in such notice (or if the Purchaser fails to provide such notice), the Purchaser will be deemed to have accepted such Products, waived any right to reject the Products and verified their conformance, good condition and repair.
- Delivery/shipping dates are given to be used as a guide only. AAA will not be held responsible for any loss of earnings or consequential damage as a result of delivery delay.
- All drawings, renderings, designs, etc...prepared by AAA remain the property of AAA and may not be reproduced in any manner without written permission from AAA. The Purchaser will indemnify, defend and hold harmless AAA completely should AAA manufacture in accordance with the specifications of the Purchaser and, therewith, infringe upon the rights of any person(s).
- Permission for flighting and use of all products from AAA - The onus rests on the Purchaser to obtain permission from, any and, or all authorities to fly, and/or use any Product from AAA Should the balloon/inflatable unit be lost for any reason, it is imperative that the Purchaser contact the necessary authorities and the FAA as soon as possible.
- Sizing is given as a guide only and due to the nature of the inflatable business, it is not an exact science. Sizing may vary slightly depending on the product ordered. Every effort is made to add little onto the inflatable and the custom unit may come out slightly larger or smaller. Please be specific if there are any restrictions for your application(s).
- Products may be manufactured in house or outsourced locally and or internationally.
WARNING STATEMENTS - Each Product comes with instructions for use. Please take time to review the instructions.
DIGITAL PRODUCTS - The Purchaser should care for, use and store all programmable touch and non- touch digital screens and signs (the “Digital Screens”) and digital thermometers and other digital products (“Other Digital Products”) in accordance with any user manual or manufacturer guidelines, AAA’s specifications and good industry practice. AAA will not be responsible for any defect, damage, nonconformance or other issues with the Digital Screens or Other Digital Products due to the Purchaser’s failure to follow such guidelines, instructions or specifications. Purchaser shall ensure that the specifications set forth in any order submitted to AAA are accurate and complete to ensure that the Digital Screens or Other Digital Products are compatible with any proposed use. AAA will not be responsible for any software compatibility issues or any problems that arise from the integration of Digital Screens or Other Digital Products with any specific hardware, software or applications. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, AAA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE DIGITAL SCREENS OR OTHER DIGITAL PRODUCTS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO DESIGN, CONDITION, OR QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS, CAPACITY, OR DURABILITY FOR ANY PARTICULAR PURPOSE.
Except for the limited warranty set forth in these Terms, AAA will not be liable for (i) the selection, quality, condition, merchantability, suitability, fitness, operation or performance of Digital Screens or Other Digital Products, or (ii) any liability, claim, loss, damage or expense of any kind or nature (including strict liability in tort) caused, directly or indirectly, by the Digital Screens or Other Digital Products or any inadequacy thereof for any purpose, or any deficiency or defect therein, or the use or maintenance thereof, or any repairs, servicing or adjustments thereto; or any delay in providing or failure to provide any part thereof, or any interruption or loss of service or use thereof, or any loss of business, or any damage whatsoever and howsoever caused.
LIMITATION OF LIABILITY - NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AAA SHALL NOT BE LIABLE TO THE PURCHASER FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER PECUNIARY LOSS) SUFFERED BY PURCHASER RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCTS, AND/OR FROM ANY OTHER CAUSE WHATSOEVER, EVEN IF AAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SEVERABILITY CLAUSE - If any provision of these Terms or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of these Terms and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect.
RETURNS AND WARRANTIES
- AAA does not offer refunds or returns on any custom or “stock-on-demand” items.
- Above All Advertising Inc. cold air inflatables (i.e. fan-driven inflatables) are guaranteed for one year from time of purchase against manufacturer's defects only.
- If you believe any part of your order is missing, wrong, or damaged, you must notify AAA within 2 business days after delivery.
- AAA offers a limited warranty of 12 months from the time of delivery against manufacturer’s defects on all hardware (e.g. tent frames, flag poles, umbrella hardware, etc.) other than hardware in respect of Digital Screens and Other Digital Products.
- AAA offers a limited warranty of 3 months from the time of delivery against the manufacturer’s defects on all fabrics (e.g. flags, tent canopies, table cloths, umbrella canopies, etc.).
- AAA offers a limited warranty of 12 months from the time of delivery against manufacturer’s defects on all Digital Screens; provided, however, that AAA does not provide any warranty for third party hardware, software or applications used in connection with or integrated with the Digital Screens and specifically excludes warranties for (a) defects caused by unauthorized modification, repair or maintenance of the Digital Screens including the use of incompatible hardware, software or applications; and (b) defects that arise from a failure to follow the manufacturer guidelines, AAA’s specifications and good industry practice with respect to the use, assembly, installation, storage or maintenance of the Digital Screens. Liability is limited to the repair of the Digital Screens or the replacement of a functionally equivalent replacement product. Repair or replacement of a Digital Screen shall not extend or decrease the warranty period.
- AAA offers a limited warranty of 6 months from the time of delivery against the manufacturer’s defects on Other Digital Products.
- Any claims for replacement or repair of a manufacturer’s defect shall be made in writing. These shall be submitted to AAA within 3 months (fabrics), 12 months (hardware), and 12 months (Digital Screens) or 6 months (Other Digital Products) of the delivery date.
- All goods or replacement goods returned to AAA for repair or replacement under warranty or work undertaken at the purchaser’s request and at his/her cost, must be returned in a clean and dry condition and properly packaged. All returns must be accompanied by a Return Authorization (RA) a number issued by AAA and AAA reserves the right to refuse any unit not returned in a clean and dry condition, or without a Return Authorization. To obtain a RA number, please contact your sales representative.
- Digital Screens must be packaged in accordance with AAA’s specifications, including packaging in high-density foam and/or cardboard separators and securely palletized in a secure cardboard boxes or hard cases specifically designed for transportation, as appropriate. Unless otherwise specified by AAA, monitors should be separated from the stand, if any, for shipment.
- AAA has in its sole and absolute discretion as to whether any defective product will be replaced or repaired.
RIGHTS TO PROMOTION – AAA reserves the right to use any items produced/brokered by AAA for Purchaser in displays/promotional or collateral material unless Purchaser provides written notice to AAA requesting that AAA not use such items.
INTELLECTUAL PROPERTY - The Purchaser accepts full responsibility for claims or litigation arising from alleged infringements of trademarks, patents or copyright on any requested design or copy. Purchaser shall be responsible for obtaining any third party licenses required for the operation of the Digital Screens. AAA shall not be responsible for any failure of the Purchaser to obtain or comply with the terms of any such third-party licenses.
INDEMNITY – If Purchaser breaches these Terms, Purchaser shall be responsible for the purchase price, and any additional changes/loss of consequential earnings. The Purchaser shall indemnify, defend and hold harmless AAA, from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature (including reasonable attorney’s fees), resulting from or arising in any way from any alleged infringements of trademarks, patents or copyright, Purchaser failing to obtain any third-party licenses required for the operation of the Digital Screens, Purchaser’s use of the Products, any acts or omissions by the Purchaser with respect to the Products, or the Purchaser’s breach of applicable laws or these Terms. AAA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
NON-CIRCUMVENTION – If AAA introduces the Purchaser to any supplier, vendor, service provider, consultant or manufacturer of AAA (each, a “Business Contact”) or if the Purchaser otherwise becomes aware of the identity of any Business Contact, the Purchaser will, for a period of three (3) years following the date of such introduction or knowledge, nonetheless deal exclusively with AAA and not circumvent AAA to order products from or otherwise do business directly with the Business Contact. For the avoidance of doubt, Purchase shall not: (a) solicit or contact, directly or indirectly, the Business Contact or any of its affiliates; (b) conduct business, directly or indirectly, with the Business Contact or any of its affiliates; or (c) circumvent AAA with respect to the goods or services sold or provided by AAA in any manner whatsoever. In the event that the Purchaser breaches its obligations set forth in this paragraph, Purchaser will pay a fee equal to fifty per cent (50%) of the total amount paid by Purchaser for any products purchased from the Business Contact. The Purchaser acknowledges that the exact loss suffered by AAA under this provision would be impractical and difficult to calculate, that this amount is fair and reasonable and that this amount constitutes liquidated damages and not a penalty.
ATTORNEY’S FEES - The prevailing party in any litigation, arbitration, bankruptcy, insolvency or other proceeding (“Proceeding”) relating to the enforcement or interpretation of this Agreement may recover from the other party all costs, expenses, and actual attorney’s fees (including expert witness and other consultants’ fees and costs) relating to or arising out of (a) the Proceeding (whether or not the Proceeding proceeds to judgment), and (b) any post-judgment or post-award proceeding including, without limitation, one to enforce or collect any judgment or award resulting from the Proceeding. All such judgments and awards will contain a specific provision for the recovery of all such subsequently incurred costs, expenses, and actual attorney’s fees.
- These Terms and the Purchaser's obligations shall be binding on the successors and assigns of the Purchaser and shall inure to the benefit of the successors and assigns of the Purchaser.
- These Terms shall be governed by and construed in accordance with the laws of the State of California. The parties hereby consent to jurisdiction in the State of California in connection with any action to enforce or interpret these Terms.
- Restocking fees: Our standard restocking fee for standard items which can be resold is 20%. To be eligible for a return, Products must be unused and in their original packaging. Purchaser will be responsible for all costs associated with returning Products to AAA, including without limitation all shipping and packaging costs.
- Custom items are not returnable and or refundable.