Battlefield Sports (BFS) is the supplier of the Goods described above (3^rd parties supply various key components & accessories). BFS wishes to sell & you wish to buy goods from us upon the terms & conditions contained in this order.

CLIENTS SCHEDULE & TITLE

A 50% initial investment is due when placing this order. The balance is due when the goods are ready for shipping. The Title to the Goods passes to the Client upon payment in full being received by BFS.

SHIPPING

On all items except inflatables BFS will ship the goods (CIF) to the customer by air freight to nearest major international airport, as specified by the customer. Inflatables will ship by sea freight from China to nearest major sea port specified by the customer. These freight charges are included in the package price. Customer is responsible for collection of goods from port (air & sea) including any Duties or Taxes into the Client’s Country/State & any extra importation or re-delivery charges.

WARRANTY

For 24 months from the date of shipping, BFS will replace or repair or provide necessary parts at the choice of BFS of any defective “toy guns” without charge that is due to a manufacturing fault but not normal wear and tear. Inflatable barricades have a warranty against manufacturer defects for 30 days. Explicitly excluded from the warranty is damage arising from: improper adjustment, calibration or operation by the Client; the use of accessories including consumables, hardware, or software which were not manufactured by or approved in writing by the BFS; any contamination or leakages caused or induced by the Client; any modifications of the Goods which was not authorized in writing by the BFS; any abuse or negligent use of the Goods by the Client or anyone using the Goods through the Client or anyone for whom the Client has legal responsibility (including a minor); any damage caused by physical emersion in water, dismantling, dropping or other similar cause; & inadequate or improper maintenance of the Goods. All transportation charges incurred in returning defective goods, or any of its component parts, for repair, together with the cost of returning them to the Client must be paid by the Client. This warranty does not extend to cover corrosion due to any cause nor to any damage to painted or anodized surfaces. Tasco telescopic scopes are warranted by Tasco & not by BFS. Other scopes are warranted for six months from BFS. BFS’s warranty does not cover impact damage or immersion in water. Infra-red transmitters, switches & buttons used in the goods are explicitly excluded from the warranty as they are considered consumables. Replacement is simple, however with the parts readily available from BFS spares kits.   The external infrared red sensors have a 6 month warranty against manufacturing faults.   The customer understands that BFS recommends maintaining at least 1 complete spares kit per 10 gaming guns in operation.

CLIENTS DEFAULT

If the client fails to pay the balance investment amount within 30 days of being notified the goods are ready, BFS reserves the rights to declare the initial investment forfeited and/or resell the goods without any notice.

SPECIAL ITEMS

All guns will be supplied with red dot scopes already installed except for Morita model which comes with a fitted telescopic scope, unless otherwise specified. All guns & equipment will come installed with a 3,000mAmp NiMH battery. Free Tier one support is via email. Tier two gun repair service is provided in the USA, and/or UK and/or Australia. Tier 3 gun repair service is return to base provided by the Australian factory. Tier 2 and 3 inflatables repair service is return to base by the Chinese factory.

BUSINESS BROKERAGE SERVICE

If required at some future date, BFS will buy back at fair market value at the time of the return for factory refurbishment and for resale to the network of BFS customers with a manufacturer’s warranty. BFS will also provide assistance in the sale of the customer’s businesses when and if required.

INTELLECTUAL PROPERTY

The client acknowledges BFS owns the Intellectual Property rights in the Goods. This order does not confer in favour of the client any rights, nor does it assign, transfer or give to the client any other right to use or copy BFS’s Intellectual Property rights in the Goods. The client must keep confidential all information & technical data disclosed by BFS to the client in the Goods unless prior released to the public domain by BFS. Public domain includes information published to the public on BFS’s web sites.  

TRADE MARK LICENCE DEED

The client acknowledges BFS as the owner of the “Battlefield Live,” the “Ready, Aim…Fun!” and the “Battlefield Sports” trademarks. If the client wishes to use the “Battlefield Live” trademark in connection with the promotion and provision of Entertainment Services in the Territory, BFS agrees to grant the client a non-exclusive, non-transferable, royalty-free licence to use trademark, in the stylized form as depicted in the Guidelines, on the website approved by BFS and hosted by BFS provided the domain name is owned by BFS, and solely to the extent necessary to provide Entertainment Services to customers within the Territory, and to use the words “Battlefield Live” in the company name of the client. The client must not use any of our Trademarks other than as authorised here, and must use our goods, and must not use goods similar to our goods not purchased from BFS, and must ensure services are of merchantable quality, fit for their purpose, of a professional standard and otherwise comply with any applicable law. The client shall comply with the requirements as to the manner and context of use as set out in the Guidelines and such other specifications and standards of quality and performance approved by BFS from time to time including requirements as to quality, materials, workmanship, and content. Further, the client shall not use in connection with its business any trademark that is substantially identical with, or deceptively similar to, any BFS trademark. Commencement date is that date of this signed agreement and will continue for an initial period of 1 year. BFS may amend the Guidelines from time to time at such time, and on such notice as it sees fit.

BAR TO ACTION

The Client agrees that this Order may be pleaded as a bar to any action, suit or proceedings taken at any time by the Client against BFS arising out of or as a consequence of Battlefield Live or any incidental activities. The client agrees to indemnify & keep indemnified BFS against any actions, suits, claims, proceedings, losses, damages, compensation sums of money, costs (including legal costs on an attorney), charges, expenses or demands of whatever nature or kind made by any person in respect of any matter or thing done or omitted to be done, negligence, breach of statutory duty or any matter or thing arising out of the sale, supply to or use of the Goods.

BINDING ON SUCCESSORS

This Order binds the heirs, administrators, executors, personal representatives, dependants (if any) & successors of the Client & enures for the benefit of BFS & its successors & assigns.

PRIVACY

BFS collects information from you for the primary purpose of providing quality Battlefield Live entertainment equipment. We require you to provide us with details so that we may properly attend to your needs. This means we will use the info you provide in the following ways: administrative purposes, billing purposes (if required), disclosure for research & quality assurance activities to improve entertainment services.

USER CONTENT

We welcome your submissions such as testimonial stories or endorsements about your life experiences using the Goods, including your logo. You hereby grant BFS a worldwide, royalty-free, non-exclusive license to reproduce & modify (for purposes of formatting, maintenance or website administration only) such items. You also grant BFS the right to distribute, create compilations & derivative works, & publicly display & perform such items in any medium, including, but not limited to, republishing this work with the work of other users so that other users may read your work as an example of a successful application of what you have learned. BFS reserves the right, in its sole discretion, to delete or remove your items from BFS website or databases at any time for any reason without prior notice or liability. To the maximum extent permitted by law, BFS has no liability related to these items arising under the laws of copyright, libel, privacy, obscenity, or otherwise. BFS also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of these items.

BUSINESS DOCUMENTATION

BFS will provide in electronic form (email) copy of the comprehensive business manual and a copy of the comprehensive mission library. To order your copy email peter@battlefieldsports.com A recommended optional purchase is the 200 page colour booked called “Right on Target” that covers many aspects of the Battlefield Live business from a commercial perspective.

MARKETING ASSISTANCE

An electronic version of marketing materials used by Battlefield Sports in the operation of Battlefield Live will be made available to the customer upon receipt of initial payment upon request from the customer. Password protected access is granted to the Battlefield Sports University (BFSU) which includes, amongst other collateral, access to Australian television commercial scripts and radio advertisement scripts. If requested by the client, the client will be listed on www.BattlefieldLive.com directing new business to the clients business.

OPERATIONAL ASSISTANCE

Peter Lander, the company founder with 7 years operational experience with Battlefield Live will provide any necessary operational support required by the client. Operational assistance includes site selection, field layouts to suit different size fields and groups, packing checklists & booking check lists. Email peter@battlefieldsports.com for assistance.

TRAINING

If required by the client, training will be provided on the battlefield in Brisbane, Australia to the client. Client is responsible for any travel and accommodation costs, however training will be provided at no charge.