TERMS & CONDITIONS
Adventure Playground Systems, Inc. reserves the right to review the contract for final acceptance by management.
ACCEPTED PAYMENT FORMS
We make placing an order with Adventure Playground Systems easy! Orders can be placed via our secure payment portal, telephone, fax, email, or by mailing a signed quote. We accept Visa, MasterCard, American Express, cash, check/money orders and wire transfers. We also accept purchase orders from government entities such as; public schools, county, state or federal agencies, municipalities, universities and military. All orders are officially placed upon receipt of payment or deposit.
Orders over $5000 USD are eligible for invoiced payment terms. A deposit of 52% percent is due to Adventure Playground Systems, Inc. upon the signing of the proposed contract (quote) as consideration of down payment on the Invoice total. The remaining balance is due prior to shipping or upon completion of installed work unless other specified terms are agreed to within the legal terms of a Project Contract.
A service charge of 1.5% per month will be assessed on the outstanding past due balance over 30 days from the completion date.
Ownership Title for all equipment is reserved by Adventure Playground Systems, Inc. until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Adventure Playground Systems, Inc. if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Adventure Playground Systems, Inc. as the cost incurred to procure, provide and recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the courts.
All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with the venue in Harris County. If the contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, the customer agrees to pay all expenses and reasonable attorney fees incurred.
PAY BY CREDIT CARD
All major credit cards are accepted, including American Express, MasterCard, and Visa. Payments made to Adventure Playground Systems, Inc. by credit card will incur a processing fee of 2.5% percent of the transaction amount paid. Other forms of payment options are available without a processing fee by check, cash, cashier’s check, money order or bank wire transfer.
PAY BY CHECK
If you wish to pay by check, just let one of our Play Experts know. They’ll be happy to email or fax your quote. When you are ready to proceed, please mail a check along with the signed quote to:
Adventure Playground Systems
10845 Church Lane,
Houston, TX. 77043
PAY BY WIRE TRANSFER
Payment by wire transfer is accepted from all parties. Call a Play Expert for wire transfer information after you’ve received and accepted your quote.
We understand that purchasing a playground and park equipment can be costly! We suggest several financing options that can be found in our Funding section. Adventure Playground Systems often works with Navitas Financing (a third party entity). More information can be found on our Financing Page. All financing is subject to approval. If you plan on financing a purchase, you can use the online credit application or call Navitas at (877)628-4827 ext. 550 to discuss all of your options. We will work with customer approved financing vendors as well.
TAXES AND FEES
Texas state law requires that we collect 8.25% in sales tax on orders shipped within Texas. If your organization provides/holds a valid tax exemption certificate, please include it when returning your signed quote contract. Adventure Playground Systems will collect tax in concurrence with the state of purchase.
No returns of merchandise will be accepted unless previously authorized in writing by Adventure Playground Systems, Inc. All approved returns are subject to a restocking fee of 25% plus freight charges incurred for return to original shipment origination.
Your order may be canceled for any reason prior to processing (procurement and/or manufacturing started). Orders are normally processed within 24 hours after receipt of payment. Orders must be canceled via phone by calling 1.888.935.2112 and reiterated via email with a valid confirmation from an APS team member. An order is not considered canceled until a cancellation number is given.
SHIPPING, RECEIVING AND STORAGE
In order to deliver the most cost-effective option for our clients, Adventure Playground Systems seeks and engages the lowest cost freight and/or delivery options available. Most orders ship via common carrier freight trucking companies, UPS Ground, or Fedex., depending upon order size, weight and delivery address. We are not able to deliver to PO Box or APO/FPO addresses.
Adventure Playground Systems is not responsible for back ordered items sourced through alternative manufacturers, which is beyond our control. We will make every effort to inform you of any items that are currently not in stock. Backorder dates may change without notice. If applicable, it is customers responsibility to cancel any back ordered item.
All sales requiring freight delivery will be FOB (freight on board/free onboard), which means that ownership of goods transfers to the purchaser once the goods are loaded on the truck for delivery.
The freight carrier, not Adventure Playground Systems, Inc., is liable for any damage to the equipment which occurs during shipping.
If your order requires delivery via common carrier, your delivery site must be able to accommodate a large delivery truck (including delivery by trucks pulling trailers up to 53′ in length). Please check your site for low hanging wires and clearance restrictions directly in front of the delivery address. These may create obstacles that could affect delivery. In addition, a lift gate, and or forklift may be required for offloading and are the customer’s responsibility.
Adventure Playground Systems is not responsible for inaccurate or undeliverable addresses.
Products usually arrive 3-7 days from the date of departure from our facility. Customer is responsible for an additional redelivery fee if the delivery truck arrives, but the customer/agent is not present or able to accept delivery.
DELIVERY & UNLOADING
If installation services are purchased with your order, an Adventure Playground Systems installer will unload the delivered merchandise. If the installation is not purchased, unloading of equipment and inspection of incoming goods at the time of delivery is the customer’s responsibility. Most freight deliveries require personnel and/or a forklift for the safe unloading of goods. The driver will not assist in unloading the delivered merchandise. Please notify Adventure Playground Systems prior to delivery if special conditions need to be addressed, additional charges may apply.
Please note any shortages or damage on the bill of lading as soon as you okay to receive the delivery. In the event of damage, we will be happy to assist you with filing a freight claim to receive a replacement product.
Damage found after the shipment is unpacked (concealed damage) must be reported to an Adventure Play Expert within 48 hours of delivery. Please closely inspect your shipment! Most freight companies allow 72 hours from receipt to report concealed damage. DIGITAL PHOTOS MUST BE TAKEN. If you discover damage of any kind, DO NOT DESTROY ANY ORIGINAL SHIPPING CARTONS. If the condition of delivered freight before unloading indicates possible damage (damage to carton/pallet/crate), take pictures before unloading cartons.
Adventure Playground Systems will not replace items unless they are found to be defective, but this obligation is subject to limitations. Adventure Playground Systems will not be liable for incidental, indirect, special or consequential damages. In no event will we be liable for damages beyond the invoiced price. We do not offer discounts or refunds for late deliveries. Generally, the products we offer ship in the specified time frame. However, bad weather and other uncontrollable circumstances or acts of god may slow your delivery. We strive to provide you the most updated information regarding the shipment of your goods via email or the phone contact information you provided in your customer contact information.
ADDITIONAL FREIGHT SERVICES
Additional services such as two-person delivery, liftgate service, or inside delivery are not included in the quoted shipping price unless specifically listed. In most cases, such services are not necessary if adequate personnel are available to assist in unloading.
STORAGE & SECURITY
Unless specifically listed on the signed quote, any on-site storage of playground equipment, whether installed or not, is the sole responsibility of the customer. After-hours site security is also the sole responsibility of the customer. Installation personnel may install an orange safety barrier or caution tape around the affected work area, but no fencing or erosion control will be installed unless specifically requested and detailed on the signed quote.
MISSING PARTS & REPLACEMENT PARTS
A complete inventory of received and missing parts must be made against the packing list within 48 hours of delivery. In the event that a discrepancy exists, please notify us immediately. Adventure Playground Systems will not replace missing parts reported more than 48 hours after the arrival of goods.
SHIPPING OUTSIDE OF THE UNITED STATES
Broker fees, import fees, government duties and taxes are required to receive shipments and are the customer’s responsibility. Additional shipping costs may apply to orders outside of North America. We will always notify you of any change to the shipping amount required and await your approval before proceeding with order processing and shipment.
INSTALLATION & ASSEMBLY
Building permits required by local or state authorities and municipalities are not included and are the responsibility of the owner of the property unless specified and quoted as a separate line item in the quote. If Adventure Playground Systems, Inc. is to handle required permitting, please provide our office with necessary drawings and site documentation as requested per the project details (ie. legal site plans, survey plats, deed restrictions, etc).
Unless noted on the quote, products are delivered unassembled. All products are shipped with detailed installation and assembly instructions.
CUSTOMER INSTALLED ORDER
If customer assembles/installs equipment on their own, it is expected the customer will hire or engage qualified resources according to manufacturer instructions, and in compliance with standards established by the Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM). Adventure Playground Systems suggests contacting the National Playground Contractors Association to find qualified Installers. Installation and assembly performed by the customer or third party entity may affect warranty if instructions are not followed as outlined.
If you have questions concerning installation or assembly, please contact one of our Play Experts for assistance. Installation services may be purchased at a later date; however, the installation will be subject to installer availability for scheduling.
Installation services include all labor and equipment required to complete the project. Installation charges are quoted based on a worksite that is accessible by truck, with no fencing, tree, landscaping or utility obstacles and level ground surface area (+/- 1-2% max slope). Any site work not expressly detailed in this proposal is excluded. Additional installation charges will incur for longer distances to a worksite, unlevel groundwork sites, removal of utilities, landscaping, existing equipment and/or abnormal substrates, (ie. rock, asphalt, landfill, etc.)
Adventure Playground Systems, Inc. fully warrants the merchandise on this proposal to the manufacturer’s published standards as to material, workmanship, and installation. See Warranty section and/or attached drawings for specific layouts, warranty terms and specifications.
Barring uncontrollable interference (weather, permits, site prep, shipping delays, etc.), installation should commence and be completed according to a previously established construction schedule.
Customer will ensure the site is available and prepared for installation to begin on the date listed in the established construction schedule. Any delays or extensions to the project schedule resulting from conditions under the control of the customer may result in additional charges.
Adventure Playground Systems, Inc. is not liable for damages to underground utilities and/or irrigation systems during installation. It is the customer’s responsibility to locate all underground utilities unless it is specified and quoted as a separate line item in the proposal.
DAMAGE TO OWNER’S PROPERTY
In carrying out the installation, Adventure Playground Systems shall take necessary precautions to protect the Owner’s Property from damage caused by its operations. Adventure Playground Systems shall repair and/or replace to Owner’s satisfaction all damage deemed unnecessary to normal construction wear and tear at no expense to customer or Owner.
Adventure Playground Systems shall on a daily basis keep the premises free from accumulations of waste material, debris or rubbish caused by its employees or work. We shall remove all waste material, debris, excess dirt and tools prior to completion.
Changes to the design, color selection, or overall equipment order are not permitted once the order has been placed, unless previously authorized in writing by Adventure Playground Systems, Inc.
No alterations, additions or deletions shall be made or performed except pursuant to a written change order signed by the customer and Adventure Playground Systems. If applicable additional charges will apply. Adventure Playground Systems shall not be entitled to make a claim for additional charges unless the customer has given prior written consent.
Price quoted includes Adventure Playground Systems, Inc. standard insurance coverage. Any charges by Adventure Playground Systems, Inc. insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation or changes to standard coverage shall be added to contract invoice charges. No performance bond or payment bond shall be provided by Adventure Playground Systems, Inc. unless specified and quoted as a separate line item in the proposal.
Warranty packets are mailed to the customer after final payment is received. Please see individual product warranties for further details.