Sealed Air Repairs, Inc d.b.a. AquaBanas (hereinafter referred to as AquaBanas or AQUABANAS) offers a limited warranty against defects in material or workmanship for Products in possession of the original owner for the following time periods:
- Custom Yacht Products (Slides, Climbing Walls and Pools) = 3 years
- Custom Yacht Products (Jet Ski Docks or Floating Docks) = 3 years
- Commercial Water-based Inflatables = 1 year
- Professional Touring Inflatables – warranty varies with intended application
- Land-based Inflatables = 2 years
- Other Products sold as manufacturer’s rep is subject to those company’s warranties.
- Pumps and related accessories = 90-day manufacturer’s warranty
All customer warranty claims are subject to inspection of the Product by AQUABANAS. Clear photos must be provided to AQUABANAS to begin discussion of warranty claim. Ordinary wear and tear will not invalidate the Limited Warranty. The limited warranty does not apply to damage resulting from accidents, misuse, alterations, natural disasters, improper handling or storage, improper maintenance and care, or abusive or negligent treatment of the product. If the product is evaluated by AQUABANAS and is found defective during the warranty period, AQUABANAS will bear the cost of shipping a repaired or replaced product in both directions; otherwise, all shipping costs will be borne solely by customer. This limited 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 your responsibility. These tears and/or punctures are not considered “defects” for purposes of this limited warranty. A repair kit is provided to you with the purchase of your Product to facilitate this type of repair. AQUABANAS recommends that you perform regular safety inspections and have a thorough inspection before opening the inflatable, especially if it has been idle for over 3 months. Contact us at firstname.lastname@example.org for questions or concerns.
FAILURE TO FOLLOW AQUABANAS’S PRODUCT INSTRUCTIONS AND MAINTENANCE REQUIREMENTS WILL VOID THE AQUABANAS LIMITED WARRANTY. YOUR USAGE OF AQUABANAS PRODUCTS ON A HARD SURFACE BASE (ANY SURFACE OTHER THAN GRASS OR SAND OR PROTECTIVE TARPS) CONSTITUTE IMPROPER USAGE FOR PURPOSES OF THE LIMITED WARRANTY. YOU MUST USE STAKES AND ALL TIE-DOWN TETHERS AT ALL TIMES TO ENSURE THE SAFETY OF USERS AND THE PRODUCTS. FAILURE TO DO SO VOIDS THE AQUABANAS LIMITED WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, (A) AQUABANAS’S PRODUCTS ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUABANAS, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “AQUABANAS PARTIES”)DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH PRODUCTS, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON- INTERFERENCE; (B) AQUABANAS AND THE AQUABANAS PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THIS SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (C) USE OF AQUABANAS PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND NEITHER AQUABANAS NOR ANY OF THE AQUABANAS PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFORE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR ANY INJURY OR DEATH ARISING OUT OF, RELATING TO, OR INCURRED DURING THE USE OF ANY AQUABANAS PRODUCT.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL AQUABANAS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOODWILL, EVEN IF AQUABANAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. AQUABANAS SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. THE MAXIMUM AMOUNT OF AQUABANAS’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE SHALL BE THE AMOUNT PAID BY YOU FOR THE PRODUCT YOU PURCHASED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all Products purchased from AQUABANAS, whether such Products have been purchased through the Site or not. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
You agree to assume liability for and agree to indemnify, protect, release, and hold the AQUABANAS Parties harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses, or disbursements (including legal fees and expenses) of any kind and nature in any way relating to or arising out of (i) this Agreement or the performance or the enforcement of any of the terms of this Agreement; or (ii) the purchase, lease, ownership, possession, use, operation, resale, or other disposition of the AQUABANAS Products, including without limitation, any such activities that result in bodily injury, death, or damage to property. Company agrees that the AQUABANAS Parties will not be liable to you for any liability, claim, loss, damage, or expense ofany nature arising in strict liability or caused directly or indirectly by the inadequacy of the Products for any purpose, any deficiency or defect, the use or maintenance of the Products, any repairs, servicing or adjustments to the Products, or any delay in providing or failure to provide any Products. You agree to release the AQUABANAS Parties from any liability for, and will protect, defend, and indemnify the AQUABANAS Parties from and against, any and all claims, demands, and causes of action of every kind and character without limit and without regard to cause or causes of any claim, demand, or cause of action or the negligence of any party or parties, including, but not limited to, the indemnified party, arising in connection with any claim, demand, or cause of action for bodily injury, death, or damage to property.
Intellectual Property Ownership
All right, title and interest in the Site and the Products, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to AQUABANAS or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or any Product, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of AQUABANAS or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and AQUABANAS owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the Products provided pursuant to this Agreement may cause AQUABANAS and its licensors irreparable injury, which may not be remedied at law, and you agree that AQUABANAS and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The AquaBanas name and other related names, design marks, product names, feature names and related logos are trademarks of AQUABANAS and may not be used, copied or imitated, in whole or in part, without the express prior written permission of AQUABANAS. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of AQUABANAS and may not be copied imitated or used, in whole or in part, without the express prior written permission of AQUABANAS.
Use by Children – The Site is intended for use by individuals 13 years of age or older. Users under the age of 13 should get the assistance of a parent or guardian.
Our standard terms for custom orders is a 50% deposit upon order and the balance is due prior to shipping. Any duties and taxes are the responsibility of the purchaser. The same terms apply if a non-inventory item is special order. Also, any shipping charges incurred on a custom order are due within 7 days of receipt of invoice. A wire transfer is an acceptable payment option. For custom orders over $1,250, a convenience fee of 2.9% will be added to the invoice if paid with a credit card. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. For in-stock items, generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may influence your available credit line. When paying for a preorder with a debit card, you will be charged at the time you place your preorder. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.
Choice of Law; Arbitration
This Agreement shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be resolved in arbitration administered by the American Arbitration Association and located in Orlando, Florida. You may not under any circumstances commence or maintain against AQUABANAS any class action, class arbitration, or other representative action or proceeding. If this arbitration agreement is for any reason held to be unenforceable, any litigation against AQUABANAS may be commenced only in the federal or state courts located in Orange County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.