Terms, Conditions and Policy

Welcome to the DunRite website located at www.dunriteplaygrounds.com  Please read these Terms and Conditions (the “Terms”) because they govern your use of this website as well as the products and services provided by DUNRITE and purchased by you. To make these Terms easier to read, the website, and the sale of our products and services are collectively called the “PRODUCT (s)” or “SERVICE (s)”. Furthermore, by using our Product(s) or Service(s) and placing orders with DunRite, you agree to be bound by the Terms to the fullest extent permitted by applicable law (regardless of whether State, Federal, Local, Regulatory, International, etc.).

 

CHANGES TO TERMS AND CONDITIONS

We may modify our Terms at any time, in our sole discretion. Any modifications will be posted on our corporate website, or through other communications, as deemed appropriate.

 

CONTRACT TO PURCHASE

Only individuals 18 years and older may place orders through DUNRITE by phone, mail or in person. After placing an order, you will receive a confirmation which creates a contract to purchase the Product(s) or Service(s).

 

TAXES

Prices on the specified products are exclusive of all city, county, state and federal excise taxes or tariff, including, without limitation, taxes on manufacture, sales, import, transportation, receipts, gross income, occupation, use and similar taxes.  It is the responsibility of the purchaser to remit to the appropriate state or local authority all state sales tax not herein designated or specified, as well as the applicable use taxes, local taxes, permits and fees of any kind. Tax amounts specifically stated on quotation, proposal or invoice from DunRite are accepted and noted as ONLY such under the responsibility of DunRite.  Sales Tax and/or Use Tax is determined based upon delivery address. You must provide the appropriate sales tax exemption or resale certification (in your name) before your order is placed to qualify for tax exemption. Otherwise, state Sales (or Use) Tax will be added to all orders with delivery address in the United States and Puerto Rico, except for orders delivered to States that do not require sales or Use tax. Tax, duty or tariff that is imposed by code, regulation, Act, Law or other legal process subsequent to or after the order and acknowledgement process are the responsibility of the customer, owner, operator or purchasing party.

 

REGULAR PAYMENT TERMS

Purchaser is responsible for the timely payment of invoices within agreed payment terms, whether advance, deposit, progress payment(s) or scheduled.   DUE DATE is the date by which payment must be made, not a suggestive start date for a grace period.  Amounts due after the due date are delinquent.   Due is a specific date relevant term agreed to within the negotiation, sales, or ordering process, it is not a window or time frame to initiate a payment process.   Purchaser should take consideration to delivery delays from postal service or common carrier, delays from financial institution process or closures, or holiday backout windows that may affect payment mode such as holiday or weekend closure.  In the unlikely event that collection activity is necessary due to the non-payment of past due invoices, Purchaser agrees that all collection charges, legal fees and interest incurred in such collection activity will be the sole responsibility of the Purchaser.

 

CREDIT CARD TERMS

If paying by credit card, there is a 4% processing charge added to purchase price identified by proposal, quotation or invoice.

 

INTEREST

If Buyer fails to pay in accordance with the terms of this agreement, an interest charge of 1.5% per month may be added to the unpaid balance.

 

CANCELLATION FEE

DunRite and partners manufacture all products to specific orders, and therefore reserves the right to charge a 30% cancellation fee if an order is canceled by the Purchaser while goods are in production. No cancellation is afforded if products have been shipped or delivered. Cancellation is not available on fabricated or custom units that are manufactured per order. 

 

DELIVERY

All prices are FOB factory, unless otherwise stated on Quote, Proposal or Invoice.  Shipping or freight prices are valid only for the time specified per case by proposal, quotation or invoice.  Your product (or components) may be domestically sourced, produced or fabricated conducted outside of the USA.   We do not outsource internationally to save a dollar.    Our partners and fabricators are screened, qualified and held to the same standards and guidelines regardless of what city, county, state or country they operate in.    Certain items with long lead times may bear the added notation that freight pricing is determined at the time of shipment and may be different or vary.   Items are to be delivered to the shipping address listed on quotation, proposal or invoice.  Please check this address on your documents to ensure that it is correct.   Changes to shipment after goods have been shipped will incur additional charge from the freight carrier.    Delivery terms such as residential, commercial, call ahead, notification, delivery assistance, liftgate, appointment are additional fees charged by the freight carrier.    Purchaser is responsible for these charges if added by Purchases directly with the Carrier or Delivery agent.  DunRite will only accept charges for services that have been agreed upon, listed and specified at the time of service.     Purchaser must provide a valid contact telephone number with delivery address.   Failure of purchaser to answer the phone, listen to voicemail messages or failure to respond to the carrier within a term of reasonable (determined by the Carrier) may result in reconsignment fees, storage fees, or return freight fees.    Goods that are returned by freight carriers will be deemed as property of Seller, and fees for return are the responsibility of the purchaser.   

 

Customer is responsible for adequate staff and equipment resources are available for timely offloading, safe handling and secure storage upon receipt from the motor freight carrier.   Unloading goods will potentially require material handling equipment such as a forklift, crane, extended reach boom or pallet jack to remove equipment from the truck.  Delivery drivers are not required and in many cases not allowed to provide for the unload or removal from the truck unless otherwise explicitly indicated in terms of the purchase.   DunRite is not responsible for the unloading unless explicitly stated in terms as a line-item option.

 


Shipping Claims

Risk of loss, title and ownership of the goods purchased are transferred to the customer at the time goods are delivered to the common carrier. If a shipment is short or damaged, we will gladly assist you with your freight claim. The product shortage or damage must be noted on the freight delivery document. Please notify us immediately if you need assistance with your claim. It is the sole responsibility of the Buyer to inspect all shipments at the time of receipt, both by comparing the number of packages received to the number outlined on the Bill of Lading, and by inspecting the packaging for damage. Damage, loss, or shortage must be noted on the signed Proof of Delivery prior to the departure of the delivery driver, and must be reported to DunRite within 72 hours. Replacement cannot be guaranteed for damage, loss, or shortage not clearly noted on delivery paperwork and promptly reported to DunRite. This includes damage to materials that will be stored for later use. Subsequent claim will not be accepted after the stated inspection time has elapsed. 


Attorney’s Fees

In the event that the Buyer fails to timely pay for the goods in accordance with the terms of this agreement or is otherwise in breach of its obligations to DunRite, Buyer agrees to pay to DunRite the cost of collection, including its reasonable attorney's fees and suit costs.

 

Delays

Our lead time is an estimate only and DunRite is not responsible for any delays in our previously quoted or estimated shipping time. DunRite will not be liable for any damages, whether direct, indirect or consequential, associated with any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Buyer by reason of such delay. This also applies to any such delay, directly or indirectly, caused by, or in any manner arises from, production delays, fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these herein before specified).

 

Nonconformity

All products made by DunRite and partners are inspected before shipment, and should any of such materials prove defective due to faults in manufacture, or fail to meet the written specifications accepted by DunRite, Buyer shall not return the goods, but notify DunRite immediately, stating full particulars in support of claim, and DunRite will either replace goods upon return of the defective or unsatisfactory material or adjust the matter fairly and promptly, but under no circumstances shall DunRite be liable for consequential or other damages, losses, or expenses in connection with or by reason of the use of or inability to use materials purchased for any reason. See also RETURN POLICY.

 

Installation

Installation is not included in product proposal, quotation or invoice unless specified by added line item.  Certain items are not intended to be installed by the end-user and may require specialized training or tools to properly install.   Products intended for professional installation do not come with step by step instructions.  Please inquire about installation of your product prior to completion of purchase.

 

Conditions

All orders or contracts are accepted with the understanding that they are subject to DunRite's ability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable thereto are subject to DunRite's current manufacturing schedules, and government regulations, orders, directives, and restrictions that may be in effect from time to time.

 

Controlling Provisions

These terms and conditions shall supersede all provisions, terms and conditions contained on any confirmation order, or other prior or future writing by or to Buyer, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions in this Sales Order. DunRite makes no representations or warranties concerning this order except such as are expressly contained herein, and Sales Order, Purchase Order of similar intent document or its terms may not be changed or modified without the signed written agreement of an authorized representative of DunRite.

 

Controlling Law and Venue

This Agreement shall be governed by and construed according to the laws of Texas, without giving effect to its choice of law principles. The parties agree that all actions and proceedings arising out of or relating directly or indirectly to agreed transaction or any ancillary agreement or any other related obligation, including any action on any bond, shall be litigated solely and exclusively in the state or federal courts located in Texas, and that such courts are convenient forums. Each party hereby submits to the personal jurisdiction of such courts for purposes of any such actions or proceedings.

 

Cancellation, Return and Warranty

We hope it never happens!  What happens if it does?  Most of our items are manufactured custom per order.  This really means a custom answer is needed.  Generally, for products ordered and BEFORE the order is received by manufacturer, their is no penalty or fee.  After product order is received by manufacturer and before shipment date there is a minimum of 25% (of total) cancellation fee. This surcharge is equal to the default charge imposed by individual manufacturers and is set by or determined by Manufacturer.  After shipment, there is a  25% of total as cancellation fee, plus round trip freight charge (in addition to cancellation fee). Unfortunately, we have to pay the freight charges whether you keep the product or not.  No changes to design, color or equipment ordered can be made after order has been turned over to the supporting manufacturer.  Custom manufactured or made to order items may not be eligible for return.   RETURNS must be authorized by the producing manufacturer or distributor per their established, written and/or published warranty and return policy.  The policy varies between manufacturers.  Please contact DUNRITE for specific information or details regarding your products. In the absence of manufacturer warranty or return policy, the responsibility for malfunctions, defects or merchantability is assumed by the customer.  DunRite Playgrounds in itself does not warranty merchantability, and presents product with all faults or is an AS IS condition as supplied by the originating manufacturer.  DunRite does not offer or support a warranty on products: full, limited, express, written or implied between Customer and Dunrite.   Please consult with or contact DunRIte for the Manufacturer underwritten or supply of any Manufacturer Warranty.  DunRite is not authorized to issue, alter, exempt or replace Manufacturer Warranties with oral agreements or express or implied warranty.  All warranty provision, coverage and terms is supplied by applicable manufacturer.  We are not responsible for misuse, customer installation, freight damage or improper storage.  See also NON CONFORMITY

  

PRICING AND SPECIFICATION

We reserve the right to change prices due to increased costs, or to correct errors in pricing and/or specification. Suggested retail prices shown on our website are for reference only.  Some products, services or categories have volatile pricing and may vary or fluctuate.  Please refer to issued and dated quotation, proposal or invoice for accurate pricing.