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.
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.