Terms & Conditions
By submitting an order for any product sold by Dux Inflatable Boats and Products, LLC. (Hereinafter Dux Inflatables), you (hereinafter "Customer") agree to be bound by the terms and conditions listed below. You and Dux Inflatables, agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Dux Inflatables. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Dux Inflatables.
1. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES DUX INFLATABLES’ MAXIMUM LIABILITY TO CUSTOMER IS LIMITED THE PURCHASE PRICE OF THE PRODUCTS SOLD. DUX INFLATABLES, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. DUX INFLATABLES SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF OR LOSS OF BUSINESS REGUARDLESS OF WHETHER OR NOT DUX INFLATABLES. HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. PRICE, MATERIALS AND TEREMS ARE BASED UPON DATE OF PAYMENT RECEIVED.BY DUX INFLATABLES. UNTIL SUCH PAYMENT IS RECEIVED DUX INFLATABLES RESERVES THE RIGHT TO CHANGE THE PRICE AND OR MATERIALS USED TO BUILD THE BOAT TO MAINTAIN THE HIGHEST QUALITY AND ON THE CUTTING EDGE OF TECHNOLOGY..
2. CANCELLATIONS AND REFUNDS
DUX INFLATABLES., HAS AN "ALL SALES ARE FINAL" SALES POLICY. THIS MEANS THAT DUX INFLATABLES DOES NOT ALLOW CANCELLATIONS AND/OR REFUNDS AFTER AN ORDER HAS BEEN PROCESSED.
2a. IN EXTREEM CIRCUMSTANCES, PRIOR TO SHIPMENT ONLY, DUX INFLATABLES, IN ITS SOLE AND EXCLUSIVE DISCRETION MAY AUTHORIZE RESALE OF PRODUCT ON ITS WEBSITE. IN THAT EVENT THERE IN ADDITION TO THE FULL ORIGINAL PURCHASE PRICE THERE WILL BE A 20% CONSIGNMENT FEE CHARGED ON THE RESALE PRICE RECEIVED. CUSTOMER RESERVES THE RIGHT TO APPROVE RESALE PRICE.
3. CUSTOM ORDERS
All custom ordered boats or inflatable projects of any type are to be prepaid. DUX INFLATABLES, will build to Customer's specifications and advise of any problems prior to building. A quote of the expected costs will be given to customer. The same will be invoiced and paid prior to the commencement of the build of the project. A final invoice will be issued upon completion of the project with any additional changes from the original quote highlighted. The entire final invoice must be paid prior to delivery of the project to customer.
DUX INFLATABLES requires an agreed upon deposit for all service, development, design, research, travel time, and testing requested by customer. All customer requests will be billed at the rate of $225.00 per man-hour plus expenses incurred and invoiced accordingly. Customer shall, after completion pay the full invoiced price minus the deposit prior to delivery of same. Any development or design created by DUX INFLATABLES shall, unless otherwise agreed in writing, be the intellectual property of DUX INFLATABLES with the right to seek patent protection and other intellectual property protection.
At no time will DUX INFLATABLES, charge Customer more than was previously quoted without Customer's written permission. Any form of payment received by INFLATABLE PRODUCTIONS, from Customer will be considered binding and the same as written permission. As DUX INFLATABLES, cannot know the results of tests before performing them, the outcome of testing procedures for any custom work may change pricing and additional money may be needed to complete the project. DUX INFLATABLES, will provide an estimate for approval in the event of any price modifications.
DUX INFLATABLES, reserves the right to cancel any project(s) at anytime.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon DUX INFLATABLES for any product until it is accepted. Unless otherwise agreed, DUX INFLATABLES must receive full payment before an order is accepted. No shipment will be made prior to full payment for product(s) ordered. Customer may make payment by Personal or Business Check, or some other method prearranged with DUX INFLATABLES. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. There will be a service charge of Thirty Five ($35.00) dollars on any returned check and all other action allowed by law.
5. LIMITED WARRANTY
DUX INFLATABLES products are subject to the MANUFACTUER’S LIMITED WARRANTY provided herewith and incorporated herein by reference.
6. MISCELLANEOUS PROVISIONS
6a. Shipping Charges
All products shipped by DUX INFLATABLES, are shipped at the customers expense. Customer is responsible for all shipping costs unless otherwise noted on invoice.
6b. Title; Risk of Loss
DUX INFLATABLES, can refer a third party shipping broker for shipment of ordered product(s) to the Customer, Freight On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. DUX INFLATABLES, reserves a purchase money security interest in the product(s) until its receipt of the full amount due is satisfied. Customer agrees to allow DUX INFLATABLES, to sign appropriate documents on Customer's behalf to permit DUX INFLATABLES to protect its purchase money security interest. DUX INFLATABLES, will advise Customer of estimated shipping dates, but DUX INFLATABLES, will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes, or back orders and vendor delays
6c. Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between DUX INFLATABLES, and Customer shall be governed by the laws of the State of Michigan, without regard to its conflicts of law rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this agreement. DUX INFLATABLES, and Customer consent to the exclusive jurisdiction and the exclusive venue of Montcalm County Courts of the State of Michigan in Stanton, Michigan to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against DUX INFLATABLES, that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Michigan law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
6f. Entire Agreement
These terms and conditions, together with DUX INFLATABLES invoice (incorporated herein by reference) regarding the products ordered by Customer, are the complete and exclusive agreement between DUX INFLATABLES, and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between DUX INFLATABLES, and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.