Terms & Conditions

Price Guarantee

Our product pricing is rock solid however because transportation / fuel surcharges costs can change by the day, proposals are good for only 48 hours (2 days).  As a practical matter transportation costs remain relatively consistent day by day but can change over time. Proposals over 2 days old need to be updated prior to purchase.

 

Payment

Payment is due prior to shipping. We accept all credit cards and wire transfers. Large commercial orders including public entities (school’s, municipalities, and military) are extended 30 day terms. Finance Charges at a rate of 1 ½% per month will be made on all items over 1 month past due which is an annual percentage rate of 18%.

 

Return & Complaint Policies

Your satisfaction is our goal but please be aware that a lot of effort goes into preparing orders prior to shipment. With this in mind we encourage you obtain samples prior to ordering. Orders cancelled by buyer that have already shipped are subject to our return policy terms. Refusing an order once shipped will result in return freight charges that may exceed the original purchase price. By purchasing product you agree to pay all incurred costs imposed by the trucking company for rerouting your freight. Special orders (i.e. custom color mulch) cannot be returned.

In the event product needs to be returned, we will help facilitate the return however you will be responsible for both our initial shipping costs and the return fees. Products must be returned to us in brand new condition, unused, and in their original packaging. Please contact us in order to receive complete instructions on returning goods. Once we receive your return, please allow 1-2 weeks for processing.

Buyer must report any warranted defect to seller in writing within 5 days of discovery, but no later than 15 days from the date of receipt of goods; permit the seller to inspect the defective goods. Buyer’s sole remedy for any such defect is the repair or replacement of the goods or credit against future purchases, at Seller’s sole option. Buyer does not authorize and pay for packaging and shipping in advance, seller may destroy or otherwise dispose of the goods as it may determine.  This warranty does not include labor or shipping costs and it does not include damage due to abuse, accident, misuse, modification, or improper use.

 

Delivery Policies

As a service to our customers we outsource shipping to what we feel are “best in class” fright carriers. However, experience has shown us that even the best face challenges they have no control over.  As much as we try to honor customer delivery requests, events such as weather, traffic, preceding deliveries, etc., etc., will impact targeted delivery times. Because of these factors we cannot guarantee delivery times.  It is important you remain flexible on the date of delivery!    

1)     Make certain you understand the delivery process and have the equipment to offload /move product to its final destination. We encourage you to work with our shipping department so there are no surprises.

2)     In advance of shipping we will coordinate the type of truck needed for your delivery.  You will know if your shipment will be done via a lift-gate or flatbed truck. Pallets will only be delivered at the curbside at the provided shipping address. It is buyer’s responsibility to move and/or relocate product from curbside.  Drivers are not permitted to offload bags from pallets or remove/discard any packaging materials.

3)     By placing an order buyer authorizes seller to hire a freight trucking company on your behalf. All sales are “Freight On Board” (FOB) point of delivery, meaning that title to and ownership of products are those of the buyer once loaded onto truck at the manufactures facilities.

4)     Buyer is responsible for incoming inspection of the products at the time of delivery and for noting any shortages or damages. Buyer must sign to receive the delivery.

 

Safety and Installation Protocols

1)     Seller is not responsible for injuries associated with its product. For playground application it is the buyer’s obligation to adhere to all local and/or state fall zone guidelines. As a good resource, the Consumer Product Safety Commission Playground Safety provides general guidelines.

2)     The proper installation of our products is the sole and exclusive responsibility of buyer. We expressly disclaim responsibility for any losses or claims resulting from any installation. A landscape architect or certified engineer involved in the playground design and planning process should be consulted regarding the topography of the installation area. Proper drainage, preventing water from accumulating in the play area, must be maintained. In order to ensure proper drainage factors such as climate, soil conditions, and the overall topography of the installation site need to be considered.

3)     IPEMA Certified. For playground use many customers require IPEMA certified rubber mulch. It is essential you discuss this requirement with your sales representative.

4)     Regular Maintenance. We encourage buyers to assess product depth and other safety factors on a regular basis.

Terms and Conditions Control this Agreement

1)     You may reject this Agreement by not ordering or receiving any products. Buyer will be deemed to accept this Agreement by ordering products from us. Unless negotiated and signed off by both parties, we reject any additional, different, or inconsistent terms, conditions or limitations contained in any forms, purchase orders or other documents.

2)     Warranty is limited to the purchase price of our products and does not include any incidental/consequential damages, installation, removal or shipping charges. In no event are we liable for and consequential, indirect or other similar damages including without limitation any loss sales, profit or revenue.

 

Export Provisions

1)     Buyer assumes all responsibility for any exportation of the Goods from the United States and, in connection with any such exportation.

2)     Buyer expressly assumes responsibility for compliance with all applicable export clearance requirements and Buyer will be the “exporter of record” for the Goods.

3)     Buyer will comply with all import and other laws, rules, and regulations, as applicable, of the country (ies) in which the Goods will be distributed.

4)     Buyer is responsible for obtaining at its sole cost and expense any and all necessary licenses and permits for the goods, including, without limitation, any licenses and permits for transportation and export or import..