Terms, Conditions and Policy

Terms and Conditions

Introduction

Welcome to the DunRite Playgrounds website (www.dunriteplaygrounds.com). These Terms and Conditions ("Terms") govern your use of our website and the purchase of our products and services ("Products" or "Services"). By accessing our website or placing an order, you agree to be bound by these Terms to the fullest extent permitted by applicable law.

1. Changes to Terms and Conditions

DunRite reserves the right to modify these Terms at any time. Any updates will be posted on our website or communicated as deemed appropriate. Continued use of our website or services constitutes acceptance of the revised Terms.

2. Contract to Purchase

  • Only individuals 18 years or older may place orders.
  • A purchase contract is formed upon receipt of an order confirmation from DunRite.

3. Taxes

  • Product prices exclude all applicable city, state, federal, and international taxes.
  • Buyers are responsible for remitting any uncollected sales, use, or import taxes.
  • Sales tax is calculated based on the delivery address unless an approved tax-exempt certificate is provided before the order is placed.

4. Payment Terms

  • Buyers must pay invoices by the due date, as agreed upon in the order process.
  • Payments received after the due date are considered delinquent.
  • Buyers are responsible for ensuring payments arrive on time, considering postal, bank processing, and holiday delays.
  • If collection efforts are necessary, the Buyer is responsible for all legal fees, collection charges, and interest incurred.

Credit Card Payments

  • A 4% processing fee applies to all credit card transactions.

Interest on Late Payments

  • A 1.5% monthly interest charge may be applied to unpaid balances.

5. Order Cancellation

  • Since our products are manufactured to order, cancellations are subject to fees:
    • 30% cancellation fee if the order is canceled while in production.
    • No cancellations allowed if the product has been shipped or is custom-made.

6. Delivery Terms

  • Prices are FOB (Freight on Board) factory unless stated otherwise.
  • Buyers are responsible for verifying their shipping address before shipment.
  • Any address changes after shipment may incur additional freight charges.
  • Freight carrier fees, such as residential delivery, liftgate service, or appointment scheduling, are the Buyer’s responsibility, unless explicitly included in the purchase.
  • Buyers must provide a valid contact number for delivery coordination. Failure to respond to carrier inquiries may result in storage fees or return charges.
  • Risk of loss transfers to the Buyer once the shipment is handed over to the freight carrier.

Unloading Responsibilities

  • Buyers must ensure that appropriate staff and equipment (e.g., forklift, pallet jack) are available for offloading.
  • Delivery drivers are not required to assist with unloading unless explicitly stated in the order.

7. Shipping Claims

  • Upon delivery, Buyers must inspect the shipment and compare it to the Bill of Lading.
  • Any damage, loss, or shortages must be noted on the delivery receipt before signing.
  • Claims must be reported to DunRite within 72 hours.
  • Failure to document damage at delivery may result in denial of claims.

8. Legal Fees and Collection Costs

  • If the Buyer defaults on payment, they agree to cover all attorney’s fees and collection costs incurred by DunRite.

9. Delays

  • Shipping and production times are estimates only.
  • DunRite is not liable for delays caused by:
    • Production issues, supplier delays, natural disasters, labor strikes, or governmental actions.
    • Transport disruptions, including carrier delays or fuel shortages.
  • DunRite is not responsible for consequential damages resulting from delivery delays.

10. Product Nonconformity & Returns

  • All products are inspected before shipment. If a product is defective or does not meet written specifications:
    • Buyer must notify DunRite immediately.
    • Returns are not allowed without prior authorization.
    • DunRite will replace defective goods or provide a fair resolution, but is not liable for consequential damages.

Warranty & Returns

  • Most items are custom-manufactured and may not be eligible for returns.
  • Cancellations after production but before shipment are subject to a 25% fee.
  • After shipment, cancellations incur a 25% fee + round-trip freight charges.
  • DunRite does not offer warranties, but Buyers may request manufacturer warranties where applicable.
  • Buyers are responsible for installation, storage, and misuse-related damages.

11. Installation

  • Installation is not included unless explicitly listed in the purchase agreement.
  • Certain products require professional installation and do not come with step-by-step instructions.

12. Order Conditions & Manufacturing Constraints

  • Orders are subject to material availability and government regulations.
  • DunRite reserves the right to adjust pricing and specifications based on cost fluctuations or corrections.

13. Governing Law & Jurisdiction

  • These Terms are governed by the laws of Texas.
  • Any disputes must be resolved in the state or federal courts of Texas.
  • The parties agree that Texas courts provide a convenient legal forum.

14. Final Provisions

  • These Terms supersede all prior agreements between Buyer and DunRite.
  • Modifications to these Terms must be in writing and signed by an authorized DunRite representative.
  • Buyers cannot rely on verbal agreements for modifications to pricing, warranties, or policies.