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HomeMy WebLinkAboutResolution - 2019-R0435 - PO With The Playwell Group - 11/19/2019 M � Resolution No. 2019-RO435 Item No. 6.36 November 19, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 90500054 for the purchase of Park Amenities as per BuyBoard Contract 592-19, by and between the City of Lubbock and The P1ayWell Group, Inc., of Dallas, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 19, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb t ca Garza, City Secr to APPROVED AS TO CONTENT: Brod a Witcher, Assistant City Manager APPROVED AS TO FORM: 2 ------------- RyBro e, A stant City Attorney ccdocs/RES.-PurchaseOrd 90500054 Park Amenities October 31,2019 I Page - 1 — City of Lubbock PURCHASE ORDER Date - 10/330/2019 T E X A S Order Number 90500054 000 OP Branch/Plant 8630 TO: THE PLAYWELL GROUP INC SHIP TO: CITY OF LUBBOCK 4743 IBERIA AVE STE C 916 TEXAS AVE DALLAS TX 75207 LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O.BOX 2000 LUBBOCK,TX 79457 Marta Lk arez,Director of Purchasing&Contract Management Ordered 10/30/2019 Freight Requested 12/2/2019 Taken By J MONTES Delivery A STAINFIELD REQ 54756 BUY BOARD 592-19 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Square Shelter 8.000 6,816.2500 EA 54,530.00 12/2/2019 SQ12M-P4 ECOAT Powdercoat-8 shelters 1.000 10,996.2500 EA 10,996.25 12/2/2019 Column Base Covers-4 columns 1.000 2,028.2500 EA 2,028.25 12/2/2019 Engineering-2 calcs&4 draw 1.000 1,268.2500 EA 1,268.25 12/2/2019 Shipping&Handling-Shelters 1.000 6,341.4800 EA 6,341.48 12/2/2019 Dewart 6'Bench w/Back 9.000 1,061.1500 EA 9,550.35 12/2/2019 DE1113C 6'Bench w/o Back 7.000 784.7000 EA 5,492.90 12/2/2019 DE I413C Shipping&Handling-Benches 1.000 2,378.1500 EA 2,378.15 12/2/2019 Large Doable Grate Grill 9.000 483.5500 EA 4,351.95 12/2/2019 P-1000/S B7 Shipping&Handling-Grills 1.000 1,175.3500 EA 1,175.35 12/2/2019 Total Order Terms NET 30 98,112.93 This purchase order encumbers funds in the amount of$98,112.93 awarded to The P1ayWell Group,Inc.of Dallas,TX, The following is incorporated into and made part of this purchase order by reference contract:BuyBuard Contract 592-19 dated October 30,2019 from The PlayWell Group, Inc.,of Dallas,TX. Resolution# 2019-8043 5 CITY OF LUBBOCK ATTEST: Daniel M.Pope,Mayor Rebecc Gar7a,City Secretary PURCHASE ORDER TERMS AND CONDITIONS IN-IPORTANT:READ CAREFULLY STANDARD TERMS AND CONDITIONS Seller and Buyer agree as CITY OFLUBBOCK,TX follows: 1.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address. (b)Consignees name,address and purchase order orpurchasc release number and the supply agreement number uveERaccord accordance The thisperreunion.ce Term under this order maybe ter shall i all be eccewhole,or input by the ifapplicablc.(c)Container number and total number of containers,c.g.box 1 or4l boxer,and(d)the number Beaver in accordance otic this provision. Termination of work hereunder shall or effected by the unddeler the of the container bearing the packing slip. Seller slmll bear cost of packaging unless otherwise provided. Goods of die Seller of a"Notice of Temmihmatian"specifying the extent to which performance of xork under the shall be suitably packed to secure lowest transportation costs mid to confann with requirements of common order is terminated and the date upon which such termination becomes effective. Such right or termination is carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments in addition to and not in lieu of the rights of Buyer set forth in Clause 14,herein. not accompanied by packing lists. 16.FORCE MAJEURE. Neither party shill be held responsible for losses, resulting if the fulfillment 2.SHIPMENT UNDER RESERVATION PROFIIBITED. Seller is not authorized to ship the goods under of any Terms of provisions of this contract is dclaved or prevented by any cause not within the control of the reservation and no tender of a bill of lading will operate as a tender of goads. party whose performance is interfered with,mid which by die exercise of reasonable diligence said party is unable to prevent. 3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer 17,ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of actually receives and takes possession of the goods at the point or points ofdclivery•. any obligation made by Seller without the written permission of tie Buyer. Any attempted assignment or 4.NO REPLACEMENT OF DEFECTIVE TENDER. Every lender of delivery of goads must filly comply delegation by Scllcr shall be vvhollyvoid and totally ineffective for all purpose unless made in conformitywith with all provisions of this contract as to time of delivery,quality and the like. If a lender is made which does not this paragraph. fully conform,this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, I&WAIVER. No claim or right arising out of a breach of this contract can he discharged in whole or in part provided,where the time for performance has not yet expired,the Seller rtuy reasonably notify Buyer of his by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by intention to cure and tiny then[Hake a conforming tender within the contract rime but not a0enaard' considerationand is in writing signed by the alrievcd party. S.INVOICES&PAYMENTS.a.S e I I C shall submit separate invoices,in duplicate,one each purchase 19 INTERPRETATION-PAROLE EVIDENCE, This writing. plus any specifications for bids and order or purchase release after each delivery. Invoices shall indicate the purchase order or purchuc release 19. INhancc provided - Buyer in its advertisement for bids, mid any oilier documents provided by number and the supply agreement number if applicable. Invoices shall be itemized and Irarnpartai ion charges, if any,shall be listed separately. A copy of the bill of lading,and Ilse freight waybill when applicable,should Scllcr as part of his bid,is intended by the parties as a final expression of Ilheir agreement mid intended also be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,P.O.Box 2000,Lubbock,Texas as a complete and exclusive statement of time terms of their agreement. Whenever a tenn defined by the 79357. Payment shall not be due until the above instruments are submitted after delivery. Uniform Commercial Code is used in this agreement,the definition contained in the Cade is to control. 6.GRATUITIES. The Buyer may,by written notice to the Seller,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be govemcd by the Uniform Commercial Code.Whereever Seller if it is determined by Buyer that gratuities,in the form of micnainment,gifts or otherwise,were offered ilia tent"Uniform Commercial Code"is used,it shall be construed as meaning the Uniform Commercial or given by the Seller,or any agent or representative of the Seller,to any offices or cmployce of the City of Code as adopted in the Slue of Texas as effective and in farce an the date of this agreement. Lubbock with a viae to securing a contract or securing favorable treatment with respect to the awarding or 21.RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question amending,or the making of any determinations with respect to the performing of such a contract. In the event the other party's intent to perform he may demand that the other partygive written assurance of his intent to this contract is canceled by Buyer pursuant to this provision.Buyer shall be entitled,in addition to any other perform In the event that a demand is made and no assurance is given within five(5)days,the demanding rights and remedies,to recover or withhold the amount of the cost incurred by Seller in providingsuch gratuities. party may treat this failure as an anticipatory repudiation of the contract. 7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any 22.INDL•MNIFICATION.Seller shall indemnify,keep and save harmless the Buytr,its agents,officials and special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees,against all injuries,deaths,loss,damage,claims,patent claims,suits,liabilities,judgments,costs such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in anywise accrue against the Buyer in consequence of the granting of this Contract mid to the extent feasible shall lie identified by the Seller u such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was S.WARRANTY-PRICE.a The price to be paid by[lie Buyer shall be that contained in Seller's bid caused through negligence or omission of ilia Seller or its enmployees,or of the subSellcr or assignee or its which Seller warrants to be no higher thin Seller's current process on orders by others for products of the kind employees,if any,and the Seller shall,at his awn expense.appear,defend and pay all charges of attorneys and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs and other expenses arising therefrom of incurred in connection therewith,and,if any judgment of purchase. In the event Seller breaches this warranty,the prices of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its own expenses,satisfy and Seller's current prices on orders by others.or in the alternative. Buyer may cancel this contract without discharge the same Scller expressly understands and agrees that any bond required by this contract,or liability to Seller for breach or Seller's actual expense.b.The Seller wamnts that no person or selling agency otherwise provided by Scllcr,shall in no way limit[he responsibility to indemnify,keep and save harmless has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend the Buyer as herein provided. commission,percentage,brokerage.or contingent fee excepting bona fide employees of bona fide established 23.TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of commercial or selling agencies imintained by the Seller for the purpose of securing business. For breach of this contract,and failure by contract to meet the time specifications of this agreement will cause Seller to vicimian of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agreement. contract without liability and to deduct from the contract price,or otherwise recover without liability and to deduct from the contract price,or otherwise recover ilia full amount ofsmh commission,perccntagc.brokerage 24.MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into or contingent fee. pursuant to this request,minority and women business enterprises will be afforded equal opportunities to submit bids in response to this imitation and will not be discriminated aeaiust on the grounds of race,color, 9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do sex or natural origin in consideration for an award. so shall render this contract voidable at the option of the Buyer. Scllcr warrants that the goods(-misled will conform to the specification,drawings,and descriptions listed in the bid invitation,and to the sample(s)furnished 25.NON-ARBITRATION.The City reserves ilia right to exercise any right or remedy to it by law,contract. by the Seller,if any. In the event of a conflict or between the specifications,drawings,and descriptions,the equity,or otherwise,including without limitation,Ilene right to seek any and all fours of relief in a court of specifications shall govern Notwithstanding any provisions contained in the contractual agrccmcnt,the Seller competent jurisdiction Further,the City shall not be subject to any arbitration process prior to exercising represents and warrants fault-free performance and fault-free result in the processing date a nd date related data its unrestricted right to seekjudicial remedy.The remedies set forth herein arc cumulative and not"elusive, (including,but not limited to calculating,comparing and sequencing)of all hardware,software and firmware and may be exercised concurrently.To the extent cranycon0ict between this provision and awtlier provision products delivered mid services provided under this Contract,individually or in combination,u the cue may in,or related to,this document,this provision shall control. be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.At any time during the tern of the contract,or[hcrcaficr,the City,or a duly provided by the Seller,its sub-Seller or any third party involved in the creation or development of the products authorized audit representative of the City or the Stale of Texas,at its expense and at reasonable times, and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves ilia right to audit Contractor's records and books relevant to all services provided to the City under obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under Ilene this Contract. In the event such an audit by the City rcs•eals any errors or overpayments by the City. law and under this Contract including,but not limited to,its right pertaining to termination or default. The Contractor shall refund the City the full amount of such overpayments within thirty(30)days of such warranties contained herein arc separate and disercte from any other warranties specified in this Contract, audit findings,or the City,at its option,reserves the right to deduct such amounts owing the City frons any and arc not subject to any disclaimer of warranty,implied or expressed,or limitation of the Seller's liability payments due Contractor. which may be specified in this Contract,its appendices,its schedules,its annexes or any document incorporated in[his Contract by reference. 27.HOUSE BILL 2015. House Bill 2015,signed by the Governor on June 14,2013 and effective on January I,2014,authorizes a penally to be imposed on a person who contracts for certain services with a governmental 10.SAFETY WARRANTY. Seiler warrants that ilia product sold to the Buyer shall conform to the standards entity and who fails to properly classifv their workers.This applies to subcontractors as well.Contractors and promulgated by the U.S.Department of Labor under the Occupational Safety and Heidi Act of 1970. In the subcontractors who fail to properly classify individuals performing work under a gox•cmmcntal contract will be event the product does not conform to OSHA standards,Buxer may return the product for correction or penalized 5200 for each individual that has been misclassified(Texas Government Code Section 2155.001). replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time,correction made by Buyer will be at the Seller's expense. 2S.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractorshall not assign orsublel the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract 11.NO WARRANTY BY BUYER AGAINST NFRNGM%fENTS. As pan of this contract for sale Seller Management.Should consent be given,the Contractor shall insure the Subcontractor orshall provide proofon agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements. will give rise to the rightful claim of any third person by sway of infringement of ilia like. Buyer makes no warranty that the production ofgoods according to the specification will not give rise to such a claim,and in nes 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the 84th event shall Buyer be liable to Seller for indemnification in the event that Seller is sued an the grounds of Legislature,created§2252.908,Texas Government Code.Section 2252.908 requires a business entity entering infringement of the like. If Scllcr is of the opinion that an infringement cr ilme like will result.Ire will notify time into certain contracts with a govemmental entity or state agency to role with the governmental entity or state Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive agency a disclosure of interested paries at the time the business entity submits clic signed contract to(lie notice and is subsequently held liable for the infringement or the like,Seller will save Buyer lunmless. If governmental entity or state agency. Instructions for completing Form 1295 are available at: Seller in good faith ascertains the production of the goods in accordance with the specifications will result in In •wsvhe.ci.luhbock.l x.us%denanmental•wchsil x'departments'purchasinL ecndnr•infprtwtion infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that the Contractor has read, 12.NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands,and will be in full compliance with all[emits and conditions and the descriptive material availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terns and by[lie City Council of the City of Lubbock for the goods or services provided under the contract,ilia City will conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict Icrininatc the contract,without termination charge or other liability,on the Iasi day of the tlmen-curent fiscal between these terms and conditions and any terms and conditions provided by the Contractor,the tames and year or when tile appropriation made for the then-current year for the goods or services covered by this contract conditions provided heein shall prevail. The terms and conditions provided herein are ilia final terns agreed is spent,whichever event occurs fest. If at any time funds are not appropriated for the continuance of this upon by ilia parties,and any prior conflicting beams shall be o£no force or effect. contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure to give 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270.002,Government Code,(a) such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of This section applies only to a contract that:(I)is between a governmental entity and a company with 10 termination. or more full-time employees;and (2)has a value of 5100,000 or more that u to be paid wholly or partly 13.RIGHT OF INSPECTION. Buyer shall have the right to inspect time goods at delivery before accepting from public funds of the governmental entity. (b)A governmental entity may not enter into a contract with than a company for goods or services unless the contract contains a written verification from ilia company that 14.CANCELLATION. Buyer shall have the right to cancel for default all or any part of[he undelivered ft:(I)does not boycott Israel and(2)will not boycott Israel during the term of the contract.. portion of this order if Seller broaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to mid not in Rev,07119 Phone: 800.695.2919 Boar` info@buyboard.com Cooperalira Pwchssing Welcome Jessie[Log Administration RFQ Reports Shopping Cart Help Off) Vendor Contract Information Searches: Vendor Name: The Playwell Group,Inc. Search by Vendor Address: 474 3 1 beria Avenue.Ste C Browse Contracts Dallas,TX 75207 Phone Number: (800)726.1816 Email: maria@playwellgroup.com Search: Website: http://www.playwellgroup.com Federal ID: 75-2658108 All Contact: Maria Powell 0 Vendor Discounts Only Accepts RFQs: Yes 0 Catalog Pricing Only Minority Owned: No Women Owned: Yes Refine Your Search: Service-Disabled Veteran Owned: No Vendors Certificate Number: 1752658108100 The Playwell Group,Inc.[X] Certifying Agency: State of Texas/Texas Comptroller of Public Accounts Price Range EDGAR Forms Received: Yes Show all prices Category No Israel Boycott Certificate: Yes None Selected No Excluded Foreign Terrorist Orgs: Yes Contract Contract Name: Parks and Recreation Equipment and Field Lighting Products Parks and Recreation Equipment Contract#: 592-19 and Field Lighting Products[X] Effective Date: 10101/2019 Expiration Date: 0913012022 Payment Terms: Net 30 Days Delivery Days: 75 Shipping Terms: Pre-paid and added to invoice Additional Resources Freight Terms: FOB Destination Ship Via: Common Carrier Region Served: All Texas Regions States Served: Arkansas.Colorado,New Mexico,Oklahoma,Texas Quote Reference Number: 592-19 Return Policy: 30 days if not installed,may be subject to restocking fee Contract Documents EDGAR Notice: Click to view EDGAR Notice Proposal Documents: Click to view BuvBoard Proposal Documents Regulatory Notice: Click to view Bantling Regulatory Notice Construction Services Advisory: Click to view the Construction Related Goods and Services Advisory Proposal Files: Click to view Vendor Proposal Files Documents Contact us 800.695.2919 www.playwellgroup,com QUOTATION 800.726.1816 QUOTE# 1 011 4/2 01 9 14249 Play1f yWell Group,Inc. 505-296-8900(fax) Athletic,Park,and Playground Equipment Serving Colorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 -------------- BILL TO: SHIP TO: City of Lubbock City of Lubbock-McAlister Dog Park Accounts Payable Casey Coker-Parks &Recreation Dept. PO Box 2000 308 Municipal Drive Lubbock, TX 79457 Lubbock, TX 79403 Phone: (806)775-2666 Phone: (806)775-3616 CUST. PO# TERMS SALES REP COUNTY QUOTE EXPIRATION NET 30 PVU LUBBOCK 11/1012019 ITEM DESCRIPTION QTY LIST PRICE DISC. PRICE TOTAL BUY#592-19 BUYBOARD CONTRACT#592-19 EXPIRES 09/30/2020 1 .00 0.00 0.00 ICON SQ12M-P4 SQUARE SHELTER 8 7175.00 6,816.25 54,530.00 STEEL DESIGN 24 GAUGE PRE-CUT MULTI-RIB METAL ROOF PANELS (RIBS AT 12"CENTERS) 4:12 ROOF SLOPE ANCHORS BOLTS&TEMPLATES INCLUDED ECOAT ICON ECOAT POWDERCOAT-8 SHELTERS FRAME ONLY. 1 11575.00 10,996.25 10,996.25 ICON SHELTER SYSTEMS&THE PLAYWELL GROUP, INC.ARE NOT RESPONSIBLE FOR DAMAGE TO POWDER COAT,FINISH CAUSED BY UNLOADING IF INSTALLED BY OTHERS. BASE COVERS IC... COLUMN BASE COVERS FOR(4)COLUMNS EACH(32 1 2135.00 2,028.25 2,028.25 COLUMNS TOTAL) SED ICON ENGINEERING 1 1335.00 1,268.25 1,268.25 2 CALCULATION BOOKS 4 SETS OF DRAWINGS; INCLUDES FOUNDATION DRAWINGS SHIP SHIPPING AND HANDLING 1 6341.58 6,341.48 6,341.48 WABASH DE1113C DEWART 6'BENCH WITH BACK SLAT PATTERN 9 1117.00 1,061.15 9,550.35 SURFACE MOUNT COLOR:SMOKE DE1413C 6'BENCH WITHOUT BACK,WITH ARMS,SLAT PATTERN 7 826.00 784.70 5,492,90 COLOR:SMOKE SHIP SHIPPING AND HANDLING 1 2378.15 2,378.15 2,378.15 PILOT ROCK P-10001S B7 LARGE DOUBLE GRATE GRILL SURFACE MOUNT 9 509.00 483.55 4,351.95 SHIP SHIPPING AND HANDLING 1 1175.35 1,175.35 1,175.35 QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. SUBTOTAL $98,112.93 PLEASE REMIT YOUR DEPOSIT TO: THE PLAYWELL GROUP,INC. 203A STATE HIGHWAY 46 EAST SALES TAX (0.0%) $0.00 BOERNE,TX 78006 Date Signature TOTAL $98,112.93 The PlayWell Group, Inc. Toll Free: (800)726-1816 Fax: (505) 296-8900 TEXAS CORPORATE OFFICE, SALES OFFICE & PROCESSING CENTER 203A State Highway 46 East Boerne,TX 78006 Colorado Sales Office Arkansas Sales Office Oklahoma Sales Office New Mexico Sales Office 11757 W.Ken Caryl Ave.Suite#F-231 6929 JFK Blvd.,Suite 20-16 5030 North May,Suite 129 9430 San Mateo Blvd NE Unit G Littleton,CO 80127 N.Little Rock,AR 76116 Oklahoma City,OK 73112 Albuquerque,NM 87113 TERMS AND CONDITIONS INVOICE TERMS Tax funded and bonded projects only, Net 30 days. All other entities required 50%down and balance Net 30. All past due amounts will be subject to a finance charge in accordance with the Texas Prompt Payment Act,Chapter 2251, Texas Government Code. Delay of Installation(if applicable):If the Customer delays the installation,the stored product will be invoiced with a term of Net 30. OPEN ACCOUNT Credit terms are available to municipalities,government agencies,school systems,bonded contractors,and businesses(with prior approved credit). To establish credit your organization must have a satisfactory rating with Dun& Bradstreet and provide three credit references.To establish credit,your initial order must total at least$10,000.00. 50% deposit is required on all orders from non-tax funded entities. Prepayment may be required for any order at The PlayWell Group, Inc.sole discretion. METHODS OF PAYMENTS MasterCard,Visa,American Express, money order,checks. Sorry no C.O.D.orders. FEDERAL/STATE GOVERNMENT AND CO-OP'S CONTRACT Available for Federal/State Government, Co-Op's and agency accounts on many items. Call your Sales Consultant for information. SALES TAX Will be added to the invoice,except when a tax-exempt/resale certificate is furnished,or your entity qualifies in your state as tax exempt. FREIGHT CHARGES/DELIVERY TERMS All shipments are F.O.B factory,except where specifically stated otherwise. Delivery of materials is up to eight weeks from the order date,plus a few days for transit,unless otherwise noted. Every effort is made to comply with scheduled shipping dates:however,The PlayWell Group, Inc. is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the Company. DAMAGEISHORTAGE CLAIMS All claims for concealed loss or damage to product must be noted on the Bill of Lading or delivery ticket and reported immediately to our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by consignee(customer)direct to The PlayWell Group's Customer Service Department. When reporting damage,be sure to hold all containers and packing materials for inspection(claims should be filed within 15 days of receipt of shipment). RETURNS/CANCELLATIONS No merchandise is to be returned without first obtaining written authorization from The PlayWell Group, Inc. Please provide invoice number, date and reason for your return. Any authorized merchandise must be carefully packed and in saleable condition to be accepted for return. A 25% (of list price)re-stocking charge plus freight to and from the manufacturer applies on all returned merchandise when error is not the fault of The PlayWell Group. All returned merchandise must be shipped insured and freight prepaid. Orders cancelled prior to shipment will be charged 10% of list price. Once the material has been installed, no refund will be granted. FREIGHT CARRIER INFORMATION All freight is shipped unassembled via common carrier. Made via common carrier to the end user,the customer is responsible for unloading all deliveries. COLOR CHOICES Be sure to specify color selections when ordering. Please sign attached Color Selection Form(if applicable). INSTALLATION Installation/Prices are not included on this Quotation. A separate installation quotation must be included with your order if installation is required. PLAYGROUND SURFACING WARNING All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information. PRODUCT WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please email or fax all pages. Sales Quote#: Purchase Order#: Signature: Date: