Terms & Conditions Terms & Conditions

1.ACCEPTANCE OF ORDER
SDK INTERNATIONAL 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 SDK INTERNATIONAL INC. unless agreed in writing and signed by SDK INTERNATIONAL 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 SDK INTERNATIONAL INC. Unless specifically stated differently on the confirmation of the order. SDK INTERNATIONAL INC is not responsible for typographical or clerical errors made in any quotations, orders or publications.

2. PAYMENT
Payment shall be made as follows: Buyer must make a minimum of 50% deposit on the price of each item not currently in stock. The balance is due 5 days prior to the date of shipping the item, which date will be indicated on the invoice to Buyer. For orders of equipment and items in stock, 100% payment is due with Buyer’s return of the Quote/Invoice. All funds for payment shall be in US dollars in the form of cash, wire transfer, or credit card. Shipments will not be made C.O.D.

3. SDK INTERNATIONAL INC
will not begin manufacturing of any order unless deposit payment is first received.

4. SHIPPING
SDK INTERNATIONAL INC shall ship the goods to the site specified on the Quotation document. Orders shall be shipped F.O.B. carrier from SDK INTERNATIONAL INC warehouse, in California. Risk of loss, damage or destruction of any product is assumed by Buyer when SDK INTERNATIONAL INC hands off the order, or any portion thereof, to the shipping carrier. If Buyers does not specify a preferred method of shipment before the order is placed, SDK INTERNATIONAL INC shall exercise sole discretion in selecting a method of shipment.

For foreign orders, freight forwarders, all costs and expenses relating to any shipment, including insurance, customs expensed, duties, taxes, etc. shall be the sole responsibility of Buyer.

Shipments can be insured at Buyer’s expense and SDK INTERNATIONAL INC assumes no responsibility for placing of valuation upon and shipment.

Partial shipment shall not be made unless Buyer agrees to pay additional shipping costs for the split order.

SDK INTERNATIONAL INC shall not be liable for damage or for delay in delivery arising from freight carrier or negligence including but not limited to, loss or damage to the goods during shipping transit.

SDK INTERNATIONAL INC shall not be liable to Buyer for damages.

5. DELAYED DELIVERIES
SDK INTERNATIONAL INC shall endeavor, in good faith, to fulfill Buyer’s order by the date requested by Buyer or estimated by SDK INTERNATIONAL INC. However, SDK INTERNATIONAL INC shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence.

6. INSPECTION
Upon carrier delivering the order, the Buyer must inspect the external packaging for damage(s) before signing the Bill of Lading. It is required that the buyer take pictures of the damage visible on the package and make a note on the Delivery Receipt (Bill of Lading) of the damage. Buyer shall inspect the goods inside the packaging promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect that would be observable upon reasonable inspection of the goods is waived by Buyer unless Buyer submits claim in writing (Email) to SDK INTERNATIONAL 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 Buyer received the product(s) without defect(s).

7. Disclaimer: Pursuant to provisions of SDK INTERNATIONAL INC limited warranty, SDK INTERNATIONAL INC 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 purposes or specifications are described herein. SDK INTERNATIONAL INC 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 SDK INTERNATIONAL INC be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses, or expenses arising from this Quote/Invoice or SDK INTERNATIONAL INC or Buyer’s performance or nonperformance, or any acts or omissions of SDK or in connection with the use of or inability to use, the goods for any purpose whatsoever. In the event SDK INTERNATIONAL INC is found liable for damages notwithstanding the limitations and exclusions of paragraphs 6 and 7, SDK INTERNATIONAL 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 Buyer for the products ordered and confirmed by this confirmation order.

9. LIMITED WARRANTY
Inflatable bouncers manufactured by SDK INTERNATIONAL INC.: Two (2) years seam to seam warranty from the date of shipment to Buyer. All water products and games have a One (1) year seam to seam warranty from the date of shipment to Buyer.

No Warranty is provided by SDK. on Zippers, Netting, Mesh. The warranty shall apply to your inflatable plus all accessories, equipment and parts manufactured by SDK. Wear covers such as entrance covers or mats and slide covers with steps are not warranted beyond the first 90 days after the buyer receives the order. These covers are intended to reduce wear on the inflatable and require periodic replacement. A product shall not be considered defective if it is a different color than shown in SDK. catalog and/or website, and no warranty is made relating to color, digital printing or any airbrushing done on any unit.

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 SDK warranty. Rolling up a wet unit with evidence of water in the inflatable (will result in rotting thread and breaking seams), shall constitute improper usage and resulting damage shall not be covered. Discoloration of vinyl due to silly string, cleaning chemicals, or yellowing due to well water residue shall constitute improper maintenance and damages shall not be covered. 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.

All returned shipments must be pre-approved by SDK INTERNATIONAL INC. and a returned goods authorization number issued; if not, customer will be responsible for the freight charges.

Warranty is original buyer only.

10. TAXES and DUTY
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.

If Customer's ship-to address is within the state of California, Customer is subject to California sales tax on all purchases, unless SDK INTERNATIONAL INC is supplied with a valid and completed California Resale Certificate (Form CDTFA-230).

11. TOLERANCES
All dimensions and weights stated in the catalogues or website pertaining to products sold by SDK INTERNATIONAL INC. are approximate and within industry tolerances.

12. COPYRIGHTS
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing SDK INTERNATIONAL INC. products are proprietary and the sole property of SDK. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. SDK INTERNATIONAL 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 SDK INTERNATIONAL INC. if making, using, or selling the goods that may result in the infringement of a patent or copyright.

13. Cancellation
All sales are final. If the order has not shipped, orders may be canceled at no charge if the cancellation is made within 48 hours of the invoice date (Deposit date). Cancellations made 48 hours after the invoice date (deposit date) will result in a 25% restocking fee and 75% cancellation fee for all customized units. Buyer agrees and fully understands that SDK is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from your local government before any use of SDK’s products.

14. RETURN POLICY
For any item purchased from SDK INTERNATIONAL INC. the customer has 72 hours from the date of receiving the item to contact SDK INTERNATIONAL 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. SDK INTERNATIONAL INC. WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes, customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) produced by SDK INTERNATIONAL INC.

15. INSURANCE
Insurance: 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 SDK INTERNATIONAL INC.

16. GOVERNING LAW: VENUE FOR LITIGATION; ATTORNEYS’ FEES:
The parties agree that the Sales Transaction between SDK INTERNATIONAL INC and Buyer shall be interpreted, applied and enforced under and pursuant to the laws of the State of California, without regard to its conflict of law principles. In the event of any litigation arising out of or relating to the Sales Transaction, the parties agree that the exclusive venue for any lawsuit hereunder shall be the Wayne County Superior Court or the United States District Court for Michigan. Buyer expressly agrees to submit to the personal jurisdiction of these courts in any action arising out of the Sales Transaction. In any action arising out of the Sales Transaction, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, arising there from.

1.ACCEPTANCE OF ORDER
SDK INTERNATIONAL 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 SDK INTERNATIONAL INC. unless agreed in writing and signed by SDK INTERNATIONAL 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 SDK INTERNATIONAL INC. Unless specifically stated differently on the confirmation of the order. SDK INTERNATIONAL INC is not responsible for typographical or clerical errors made in any quotations, orders or publications.

2. PAYMENT
Payment shall be made as follows: Buyer must make a minimum of 50% deposit on the price of each item not currently in stock. The balance is due 5 days prior to the date of shipping the item, which date will be indicated on the invoice to Buyer. For orders of equipment and items in stock, 100% payment is due with Buyer’s return of the Quote/Invoice. All funds for payment shall be in US dollars in the form of cash, wire transfer, or credit card. Shipments will not be made C.O.D.

3. SDK INTERNATIONAL INC
will not begin manufacturing of any order unless deposit payment is first received.

4. SHIPPING
SDK INTERNATIONAL INC shall ship the goods to the site specified on the Quotation document. Orders shall be shipped F.O.B. carrier from SDK INTERNATIONAL INC warehouse, in California. Risk of loss, damage or destruction of any product is assumed by Buyer when SDK INTERNATIONAL INC hands off the order, or any portion thereof, to the shipping carrier. If Buyers does not specify a preferred method of shipment before the order is placed, SDK INTERNATIONAL INC shall exercise sole discretion in selecting a method of shipment.

For foreign orders, freight forwarders, all costs and expenses relating to any shipment, including insurance, customs expensed, duties, taxes, etc. shall be the sole responsibility of Buyer.

Shipments can be insured at Buyer’s expense and SDK INTERNATIONAL INC assumes no responsibility for placing of valuation upon and shipment.

Partial shipment shall not be made unless Buyer agrees to pay additional shipping costs for the split order.

SDK INTERNATIONAL INC shall not be liable for damage or for delay in delivery arising from freight carrier or negligence including but not limited to, loss or damage to the goods during shipping transit.

SDK INTERNATIONAL INC shall not be liable to Buyer for damages.

5. DELAYED DELIVERIES
SDK INTERNATIONAL INC shall endeavor, in good faith, to fulfill Buyer’s order by the date requested by Buyer or estimated by SDK INTERNATIONAL INC. However, SDK INTERNATIONAL INC shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence.

6. INSPECTION
Upon carrier delivering the order, the Buyer must inspect the external packaging for damage(s) before signing the Bill of Lading. It is required that the buyer take pictures of the damage visible on the package and make a note on the Delivery Receipt (Bill of Lading) of the damage. Buyer shall inspect the goods inside the packaging promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect that would be observable upon reasonable inspection of the goods is waived by Buyer unless Buyer submits claim in writing (Email) to SDK INTERNATIONAL 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 Buyer received the product(s) without defect(s).

7. Disclaimer: Pursuant to provisions of SDK INTERNATIONAL INC limited warranty, SDK INTERNATIONAL INC 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 purposes or specifications are described herein. SDK INTERNATIONAL INC 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 SDK INTERNATIONAL INC be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses, or expenses arising from this Quote/Invoice or SDK INTERNATIONAL INC or Buyer’s performance or nonperformance, or any acts or omissions of SDK or in connection with the use of or inability to use, the goods for any purpose whatsoever. In the event SDK INTERNATIONAL INC is found liable for damages notwithstanding the limitations and exclusions of paragraphs 6 and 7, SDK INTERNATIONAL 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 Buyer for the products ordered and confirmed by this confirmation order.

9. LIMITED WARRANTY
Inflatable bouncers manufactured by SDK INTERNATIONAL INC.: Two (2) years seam to seam warranty from the date of shipment to Buyer. All water products and games have a One (1) year seam to seam warranty from the date of shipment to Buyer.

No Warranty is provided by SDK. on Zippers, Netting, Mesh. The warranty shall apply to your inflatable plus all accessories, equipment and parts manufactured by SDK. Wear covers such as entrance covers or mats and slide covers with steps are not warranted beyond the first 90 days after the buyer receives the order. These covers are intended to reduce wear on the inflatable and require periodic replacement. A product shall not be considered defective if it is a different color than shown in SDK. catalog and/or website, and no warranty is made relating to color, digital printing or any airbrushing done on any unit.

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 SDK warranty. Rolling up a wet unit with evidence of water in the inflatable (will result in rotting thread and breaking seams), shall constitute improper usage and resulting damage shall not be covered. Discoloration of vinyl due to silly string, cleaning chemicals, or yellowing due to well water residue shall constitute improper maintenance and damages shall not be covered. 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.

All returned shipments must be pre-approved by SDK INTERNATIONAL INC. and a returned goods authorization number issued; if not, customer will be responsible for the freight charges.

Warranty is original buyer only.

10. TAXES and DUTY
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.

If Customer's ship-to address is within the state of California, Customer is subject to California sales tax on all purchases, unless SDK INTERNATIONAL INC is supplied with a valid and completed California Resale Certificate (Form CDTFA-230).

11. TOLERANCES
All dimensions and weights stated in the catalogues or website pertaining to products sold by SDK INTERNATIONAL INC. are approximate and within industry tolerances.

12. COPYRIGHTS
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing SDK INTERNATIONAL INC. products are proprietary and the sole property of SDK. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. SDK INTERNATIONAL 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 SDK INTERNATIONAL INC. if making, using, or selling the goods that may result in the infringement of a patent or copyright.

13. Cancellation
All sales are final. If the order has not shipped, orders may be canceled at no charge if the cancellation is made within 48 hours of the invoice date (Deposit date). Cancellations made 48 hours after the invoice date (deposit date) will result in a 25% restocking fee and 75% cancellation fee for all customized units. Buyer agrees and fully understands that SDK is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from your local government before any use of SDK’s products.

14. RETURN POLICY
For any item purchased from SDK INTERNATIONAL INC. the customer has 72 hours from the date of receiving the item to contact SDK INTERNATIONAL 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. SDK INTERNATIONAL INC. WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes, customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) produced by SDK INTERNATIONAL INC.

15. INSURANCE
Insurance: 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 SDK INTERNATIONAL INC.

16. GOVERNING LAW: VENUE FOR LITIGATION; ATTORNEYS’ FEES:
The parties agree that the Sales Transaction between SDK INTERNATIONAL INC and Buyer shall be interpreted, applied and enforced under and pursuant to the laws of the State of California, without regard to its conflict of law principles. In the event of any litigation arising out of or relating to the Sales Transaction, the parties agree that the exclusive venue for any lawsuit hereunder shall be the Wayne County Superior Court or the United States District Court for Michigan. Buyer expressly agrees to submit to the personal jurisdiction of these courts in any action arising out of the Sales Transaction. In any action arising out of the Sales Transaction, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, arising there from.