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Terms, Conditions and Warranty Certificate
<br />CONTROLLING TERMS: An order or acceptance of products by
<br />customer constitutes acceptance of these Terms and Conditions in [heir
<br />entirety, without regard to any terms and conditions contained in any
<br />document of customer, e°.en ,f they are additional to and not in cunr ir_r
<br />with these Terms and Conditions
<br />�k I PRICES: Prices are subject to change without notice Unless otherwise
<br />/fr stated in writing, all prices are FO.B Lewisburg, PA, and shall be
<br />exclusive of transportation, insurance, taxes, license fees, customs fees,
<br />! duties, premiums, fees, installation expenses and other charges. Any
<br />;i
<br />such taxes, fees and charges will, at PLAYWORLD SYSTEMS' option,
<br />be added to the price, paid directly by the customer or reimbursed by
<br />customer if paid by PLAYWORLD SYSTEMS'.
<br />TERMS OF PAYMENT: Unless credit is spec;fically granted in *rating
<br />by PLAYWORLD SYSTEMS,, payment in full is due upon delivery.
<br />li t! All payments for products released and shipped on approved credit
<br />h accounts shall be due in full and in legal tender of the United States
<br />(unless otherwise indicated by PLAYWORLD SYSTEMS' on the invoice)
<br />r; thirty (30) days from the date of invoice thereof. If Customer fails to
<br />, ,� per'o•rn the terms of payment of any invoice or if the financial ondition
<br />of Customer shall become impaired or unsatisfactory to PLAYWORLD
<br />(, SYSTEMS', PLAYWORLD SYSTEMS', in its sole discretion, reserves
<br />f
<br />the right to change the terms of payment, require payment in advance
<br />Y or security or a guaranty satisfactory to It and/ or defer or discontinue
<br />further shrpmenis without prejudice to any other lawful remedy available
<br />to PLAYWORLD SYSTEMS'. PLAYWORLD SYSTEMS' also reserves the
<br />fr; right in the case of any of the foregoing events to cancel all of Customer's
<br />orders, in which event Customer shall fully compensate PLAYWORLD
<br />r ! SYSTEMS' for any commitments, obligations, expenditures, expenses
<br />and costs that may have incurred in connection with the orders (e g.,
<br />a conversion charges, restocking charges). A delinquency charge of
<br />9 9 g) q Y 9
<br />-1/2% interest per month overdue will be charged on past due accounts
<br />i !
<br />but in no event will the delinquency charge be greater than the maximum
<br />rate permitted by law. Customer shall pay all fees and expenses
<br />!� (including attorneys' fees) incurred by PLAYWORLD SYSTEMS' in the
<br />a� enforcement of its rights hereunder.
<br />SET OFF: PLAYWORLD SYSTEMS' shall have the right at any time
<br />and without notice, to set off any liability or obligation of Customer
<br />-� PLAYWORLD SYSTEMS' against any liability or obligation of
<br />to PL
<br />PLAYWORLD SYSTEMS' to Customer.
<br />�I
<br />fI FREIGHT CHARGES: Determined and collected by carrier
<br />I§ LOSS or DAMAGE in TRANSIT: PLAYWORLD SYSTEMS' is not
<br />tik responsible for loss or damage in transit. Our responsibility ends when
<br />the carrier signs the Bill of Lading, which is our receipt that the products
<br />were complete and in good condition when shipped. It is the customer's
<br />S
<br />responsibiliry to check the number of pieces shown on the freight bill and
<br />,k tI our Bill of Lading. Any shortages or damages should be noted on the
<br />1r� freight bill before it is signed.
<br />DELIVERY: Delivery and shipment dates are estimates only and does
<br />not guarantee delivery or shipment on or by such dates
<br />INSTALLATION: Installation is no' in the purchase price of
<br />PLAYWORLD SYSTEMS-'S products, unless expressly noted on the
<br />invoice. IT IS CUSTOMER'S RESPONSIBILITY TO ASSEMBLE, INSTALL
<br />AND USE THE PRODUCTS SAFELY AND IN ACCORDANCE WITH OUR
<br />INSTALLATION INSTRUCTIONS.
<br />INSPECTION: All products must be inspected upon receipt and
<br />claims must immediate y be filed m Th rhe transportation company an,d
<br />PLAYWORLD SYSTEMS' when there is evidence of shipping damage,
<br />either concealed or external
<br />EXPORT Customer is responsible for compliance with applicable
<br />export laws and obtaining the appropriate export licenses 'v ✓hen
<br />reselling the products.
<br />Limited Warranty
<br />PLAYWORLD SYSTEMS' warrants its products to the original
<br />customer to be free from structural failure due to defect in materials or
<br />workmanship during normal use and installation in accordance with
<br />our published specifications
<br />The warranty shall commence on the date of the PLAYWORLD
<br />SYSTEMS,' invoice and terminate at the end of the period stated
<br />below.
<br />The warramy stated is valid ONLY if the products and structures
<br />are: erected properly and in conformity with the layout plan and/
<br />or installation instructions furnished by PLAYWORLD SYSTEMS'
<br />using approved parts, maintained and inspected in accordance
<br />with PLAYWORLD SYSTEMS' instructions; subjected to normal use
<br />for the purpose for which the goods were designed; not subject to
<br />vandalism, misuse, neglect, accident or unauthorized addiJon or
<br />substitution of parts; not moved, in whole or In part, after its initial
<br />installation and nct modified. altered or repaired by persons other
<br />than PLAYWORLD SYSTEMS' or its designees in any respect which, In
<br />the sole judgment of PLAYWORLD SYSTEMS', affects the condition or
<br />operation of the structures This warranty does not cover: 1) Cosmetic
<br />damage or defects, such as surface scratches, dents, marring, fading,
<br />discoloration, corrosion, warping of recycled plastic lumber, and
<br />cracking or peeling of Eco- Armor' polyethylene coating, 2) Damage
<br />due to normal wear and tear; 3) Damages to SMARTE' playground
<br />surfaces from improper site preparation and /or installation, improper
<br />maintenance and /or the use of unapproved cleaning materals.
<br />Surface punctures from items such as, but not limited to: knives, high
<br />heel shoes, chair legs, and park maintenance equipment. Damages
<br />due to normal wear and tear of top surfaces located under slide exits,
<br />equipment bases, and swings; 4) Damage due to'Acts of God such
<br />as hall, flooding, lightning, tornadoes, sandstorms, eathquakes, and
<br />windstorms, and 5) Damage due to 'Environmental Factors ", such
<br />as vvind -blown sand, saltwater, salt spray, or airborne emissions from
<br />ndusmal sources.
<br />THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER
<br />REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER
<br />EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
<br />LIMITED TO ANY WARRANTY OF CONDITION, DESCRIPTION,
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
<br />OR NON- INFRINGEMENT OR ANY REPRESENTATIONS OR
<br />WARRANTIES MADE IN ANY BROCHURES, MANUALS, CATALOGS,
<br />LITERATURE OR OTHER MATERIALS OF PLAYWORLD SYSTEMS°
<br />FURTHER, NO REPRESENTATION,
<br />WHETHER ORAL OR WRITTEN, OF ANY PLAYWORLD SYSTEMS'
<br />REPRESENTATIVE MAY BE SUBSTITUTED OR ALTER THE
<br />EXCLUSIVE LIMITED WARRANTY
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<br />Lewisburg, PA 1 800.233.8404 1 1.570.522 9800 1 PlayworldSystems com 0 19 .z
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