These Terms and Conditions of Sale (“Terms”) apply to the sale of a FloatingPickle brand inflatable pickleball court(s) and related accessories (collectively, the “Products”) by Floating Pickle, LLC (“Seller”) to the buyer named on the face of the attached invoice (“Buyer”). By accepting delivery of any Products described in the attached invoice, Buyer agrees to be bound by these Terms.

• Prices and Payment
  All prices are in U.S. dollars and are inclusive of shipping, insurance, taxes, and customs duties unless otherwise stated. Full payment is due as specified on the invoice. Late payments may incur a service charge of 1.5% per month (18% annually) or the maximum rate allowed by law.
• Shipment and Delivery All prices include standard ground shipping, handling, and any applicable customs duties, taxes, and import/export fees, unless otherwise specified in writing. Seller shall arrange for shipment of the Products to the address provided by Buyer. Risk of loss shall transfer to Buyer upon Buyer’s actual receipt of the Products at the delivery location. Title to the Products shall also pass to Buyer at that time. Any estimated delivery dates provided by Seller are for reference only and are not guaranteed. Seller shall not be liable for any delays in delivery beyond its reasonable control.
• Inspection and Acceptance
  Any claims for loss, shortage, visible damage, or defect must be reported to Seller in writing within twenty-four (24) hours of delivery. Such notice must include dated photographs clearly showing the nature and extent of the claimed damage or defect. Notice without supporting images will be deemed incomplete and invalid. If Buyer fails to provide such notice and photographs within the 24-hour window, Buyer irrevocably waives any right to reject the Products or to claim that the Products were damaged or defective at the time of delivery, including any claims relating to shipping or handling damage. In such case, the Products shall be deemed fully accepted by Buyer in “as-is” condition.  
• Limited Warranty
  Seller warrants that the Products, under normal use and service, shall be free from material defects in workmanship and materials for a period of ninety (90) days from the date of delivery.
  This limited warranty does not apply to:
• Normal wear and tear, punctures, tears, or abrasions caused by improper handling or use
• Damage resulting from failure to follow installation, operating, or maintenance instructions
• Use of the Products in rental or commercial applications unless expressly authorized
• Unauthorized modifications or repairs

EXCLUSIVE REMEDY: Seller’s sole obligation under this warranty is, at its option, to repair or replace the defective Product  or to issue a refund of the purchase price.

• Disclaimer of Other Warranties
  EXCEPT AS EXPRESSLY SET FORTH ABOVE, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PRODUCTS ARE SOLD “AS IS.”
• Limitation of Liability
  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR USE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  SELLER’S TOTAL LIABILITY UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCT GIVING RISE TO THE CLAIM.
• Force Majeure
  Seller is not liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, pandemics, government actions, or transportation delays.
• Indemnification
  Buyer agrees to defend, indemnify, and hold harmless Seller from any claims, damages, or liabilities arising from Buyer’s (and Buyer's customers, guests, affiliates, family, friends, invitees and any and all other persons allowed by Buyer to use the Products) misuse of the Products or failure to comply with applicable laws, installation, or operating instructions.
• Governing Law and Venue
  These Terms shall be governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Any disputes shall be resolved in the state or federal courts located in Maricopa County, Arizona, and Buyer consents to the jurisdiction and venue of such courts.
• Entire Agreement
  These Terms, along with the invoice, constitute the entire agreement between the parties regarding the sale of Products and supersede all prior communications or agreements. No modification shall be binding unless in writing and signed by an authorized representative of Seller.
• No Resale or Rental Without Consent
  Buyer may not resell or rent the Products for commercial use without the prior written consent of Seller.