Terms and Conditions

ACCEPTED PAYMENT FORMS

Placing an order with us is simple and convenient! Orders can be placed via our secure website, telephone, fax, email, or by mailing a completed order form to us. We accept Visa, MasterCard, American Express, Discover, check/money orders and wire transfers. We also accept purchase orders from government entities such as public schools, universities, military, county, state or federal agencies and municipalities. Any credit card order under $50 is subject to a $10 processing fee. All orders are officially placed upon receipt of payment.

PAY BY CREDIT CARD

All major credit cards are accepted, including American Express, Discover, MasterCard and Visa. Once your payment is verified, your order will be placed.

PAY BY CHECK

If you request a quote with one of our representatives, we will email or fax your total. If you accept the quote, please mail a check along with the signed quote to:

American Parks Company

7950 Legacy Drive, Suite 400,
Plano, TX 75024

PAY BY WIRE TRANSFER

Payment by wire transfer is accepted from all parties. Call a representative for wire transfer information after you've received and accepted your quote.

INVOICE TERMS

Full payment is due prior to your order being processed. Net 30 days can be applied to government entities and established customers with approved credit. The maximum allowable finance charges, by law, will be added to any past-due balances.

TAXES AND FEES

State law requires that we collect sales tax on orders shipped within Idaho, Texas, Georgia, Pennsylvania, and California. If you possess a valid tax exemption certificate, please include it when returning your signed proposal. No sales tax will be collected on orders shipped outside of Idaho, Texas, Georgia, Pennsylvania, or California.

All orders are subject to a 25% cancellation fee. This fee will apply if you cancel your order or change your color choice after your order is placed. No cancellations are allowed on orders that have shipped.

FINANCING

We understand that purchasing playground and park equipment can be costly, so we offer several financing options, like a monthly payment plan and a flexible lease-to-own program (subject to credit approval). All financing is subject to approval. If you plan on financing a purchase, you can use the online credit application or call us at 1-800-381-4491 to discuss all of your options.

Shipping

Freight

In order to deliver the most cost effective solutions for our customers, American Parks Company seeks and engages the lowest cost freight and/or delivery options available. Most orders ship via common carrier trucking companies or UPS Ground, FedEx Ground, etc., depending upon order size, weight and delivery address. We are not able to deliver to PO Box or APO/FPO addresses. All sales requiring motor freight delivery will be FOB (freight on board/free on board), which means that ownership of goods transfers to the purchaser once the goods are loaded on the truck for delivery. The freight carrier, not American Parks Company, shall be liable for any damage to the equipment which occurs during shipping.

If your order requires delivery via common carrier your shipping/delivery address must be able to accommodate a large delivery truck, to include delivery by trucks pulling trailers up to 53' in length. Most addresses are accessible for large trucks. However, low wires or clearances directly in front of the delivery address may create obstacles to effective delivery. We cannot be responsible for inaccurate or undeliverable addresses. If this is the case, please contact American Parks Company for other freight or delivery options.

Products usually arrive 3-7 days from the date of departure. The customer may be responsible for an additional redelivery fee if the delivery truck arrives, but the customer is not present or able to accept delivery. Unloading of equipment and inspection of incoming goods at the time of delivery is the customer's responsibility. Please note any shortages or damages to the goods on the freight bill you sign to receive the delivery. In the event of damage, we will be happy to assist you with filing a freight claim to receive a replacement product.

We will not replace items unless they are found to be defective, but this obligation is subject to limitations. We do not offer discounts or refunds for late deliveries. Generally, the products we offer ship in the specified time frame. However, bad weather and other uncontrollable circumstances may slow your delivery. We will strive to provide you the most updated information regarding your goods shipment via email or the phone contact information you provided in your customer contact information.

Additional Freight Services

Additional services such as two-person delivery, liftgate service, or inside delivery are not included in the quoted shipping price unless specifically listed. In most cases, such services are not necessary if adequate personnel are available to assist in unloading. Structures and centers are generally packed on a single skid, or in a single crate. These will weigh several hundred to thousands of pounds. The driver will not assist in unloading the delivered freight. For any additional freight services, please contact our customer service staff as the fees will vary by carrier and region. Please tell us, before you complete your order, if your delivery address is unusual, difficult to locate or requires particular instructions, so we can make the necessary arrangements before delivery. There may be additional shipping costs, depending on your specific situation.

Delivery & Unloading

The freight company will typically call you 24 hours before arrival to schedule your delivery. Most orders will ship on pallets and/or in crates via common carrier trucking companies. You may receive multiple shipments to complete your order. The driver will not unload the product. If installation services are purchased with your order, our installer will unload the delivered freight. If installation services are not purchased with the order, it will be the customer's responsibility to arrange unloading of equipment to include any equipment or personnel required. In the event the customer is responsible to unload the delivered order, the customer should check to see that the number of cartons, bundles, welded frames, etc. match the indicated quantities noted on the Bill of Lading (BOL) and invoice/receipt before signing for the order.

If shortages are not noted on the BOL/receipt, replacement pieces may be repurchased at the customer's expense. Damage found after the shipment is unpacked (concealed damage) must be reported to our Customer Service Center within 48 hours of delivery. Please closely inspect your shipment! Most freight companies allow 72 hours from receipt to report concealed damage. Digital photos must be taken. If you discover damage of any kind, DO NOT DESTROY ANY ORIGINAL SHIPPING CARTONS. If the condition of delivered freight before unloading indicates possible damage (damage to carton/pallet/crate), take pictures before unloading activities begin.

Storage / Security

Unless specifically listed on the signed quote, any on-site storage of playground equipment, whether installed or not, is the sole responsibility of the customer. After-hours site security, unless specifically listed on the signed quote, is also the sole responsibility of the customer. Installation personnel may install an orange safety barrier or caution tape around the affected work area, but no fencing or erosion control will be installed unless specifically requested and detailed on the signed quote.

Damaged Shipments

In rare occurrences, shipments may get damaged during transit. Prior to signing the acceptance from the carrier, inspect all merchandise for damages. If any damage is found, please mark "damaged" on the bill of lading and reject only the damaged box/item. You cannot file a claim with the freight carrier if it is not noted on the delivery receipt. If you cannot inspect the merchandise, please note on the delivery receipt "Merchandise received, but not inspected." Damaged merchandise is your responsibility. American Parks Company will not be liable for incidental, indirect, special or consequential damages. In no event will we be liable for damages beyond the invoiced price. Loss or damage claims must be filed within 48 hours of shipment receipt. We will be happy to assist you with filing a freight claim to receive a replacement product.

Missing Parts/Concealed Damage/Replacement Parts

A complete inventory of received and missing parts must be made against the packing list within 48 hours of delivery. Note damaged/missing items on shipping documents before accepting any shipment. In the event that a discrepancy exists, please notify us immediately. The manufacturer will not replace missing parts reported more than 48 hours after arrival of goods.

Upon notice of missing/damaged parts, American Parks Company will contact the appropriate manufacturer(s) to arrange for shipment of replacement part(s) at no charge. American Parks Company is not the manufacturer of the equipment and thus is not liable or responsible for any damages to the equipment.

Shipping to Alaska, Hawaii, Puerto Rico, Canada, & Mexico

Broker fees, import fees, government duties and taxes are required to receive shipments and are the customer's responsibility. At our discretion, additional shipping costs may apply to orders shipping to Alaska, Hawaii, Puerto Rico, Canada and Mexico. We will always notify you of any change to the shipping amount required and await your approval before we proceed with order processing and shipment.

All Other International Freight

We are unable to ship overseas. Customers located outside of the U.S. may hire an independent forwarding agent, based in the U.S., who can receive your shipment to a U.S. address. American Parks Company is not responsible for the shipment after delivery to U.S. forwarding agent.

Assembly

Unless otherwise noted, all products are delivered unassembled. All products are shipped with detailed installation and assembly instructions. The customer's installation and assembly does not affect the warranty. If you have questions concerning installation or assembly, please contact one of our representatives for assistance. If installation services are not purchased from American Parks Company in conjunction with the equipment purchase, they may be purchased at a later date, but installation will be subject to installer availability for scheduling. If customer assembles/installs equipment on their own, it is expected the customer will hire or engage qualified resources to install equipment according to manufacturer instructions, and in compliance with standards established by the Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM).

Returns

Most of our products are made to order, based on your design and/or color specifications. No returns will be accepted for these custom items, shade structures and shelters. Returns are only accepted for items that are considered "stock." We must approve all returns within 48 hours of your delivery receipt. All returns are subject to a 25% restocking fee, original freight charges, plus any additional shipping and handling charges. No returns will be accepted for products once installation has commenced. Returns after 48 hours or without authorization will be refused. Returned items must be in original packaging and in new condition.

The following do not qualify to be returned for a refund:

1. Any made-to-order structure, equipment, shades, shelters or custom items.
2. Any equipment that has been installed, either completely or partially, whether by us or by you.
3. Damaged or defective goods which have been replaced with the same item at no cost.
4. Promotional items which were provided free of charge.
5. Any item(s) for which the cost did not exceed $50.
6. Items returned without prior written authorization from American Parks Company.
7. Preauthorized items returned more than 30 days after delivery of the product(s) to you.
8. Items attempting to be returned freight collect.
9. Rubber mulch, wood mulch, or any other loose fill surfacing product.
10. Shade products including free-standing or any incorporated into a play system.
11. Any order of products not considered a standard order. For instance, a bench with no frame. Contact Customer Service for specifications.

Cancellations

If your order has not been processed, it may be cancelled, no questions asked. Orders cannot be cancelled by email or message. An order is not considered cancelled until a cancellation number is given. Orders are normally processed within 24 hours after receipt of payment, sometimes as quickly as within one hour. Some orders ship the same or next day. Be certain about your order because it is impossible to stop a shipment once it has departed and shipping costs are non-refundable. No cancellations are allowed on orders that have shipped. All processed orders are subject to a 25% cancellation fee. This fee will apply if you cancel your order or change your color choice after your order is placed. For any promotional shipments, the promotion will be voided if the order is cancelled or refused. A restocking fee and a return freight cost will be deducted from the refund amount. You should expect to receive your refund within four weeks of product return.

Backorders

Items are sometimes backordered by the manufacturer, which is beyond our control. We will make every effort to inform you of any items that are currently not in stock. Backorder dates may change without notice, often before the backorder date provided. It is your responsibility to cancel any backordered item as it will otherwise ship out as soon as it is in stock again. If your backordered item ships, regardless of the date, and has not been cancelled, you must follow our return policy above.

Installation

Installation Process

All installation services are contracted and provided through American Playground Construction, a division of APC Brands, who maintains a national network of certified and insured installers who operate as subcontractors for American Playground Construction. American Playground Construction maintains updated insurance and certification records for all of our installers and will not subcontract an installation to any agent whose certifications or insurance has lapsed or expired. All installation arrangements must be made prior to shipment as installation fees, unless specifically listed in the sales order, are not included online or in sales quotes. Any issues with the installation of purchased equipment should be documented on sign-off of installation work, or communicated in writing to our Customer Service Center within 30 days of the date of install completion. American Playground Construction will be given the opportunity to remedy any issues with the installation. Please note that neither American Playground Construction nor American Parks Company is liable or responsible for the manufacture or warranty of the equipment.

Customer Install Order

Every installation request will be accommodated by a preceding "Customer Install Order" sent directly to customer by email or fax in advance of the scheduled installation date. Customer must sign and return the document by fax or email, as directed, prior to the scheduled installation date. Any delays in signing and returning the document may delay the installation schedule.

The terms detailed in this document contain important information for you as our customer regarding the work to be completed, the projected schedule for your install, some important site preparation steps that must be complete before installation begins, and guidelines for what we expect from our Subcontractor (installer) in terms of performance and job completion. This document serves to ensure you, as our customer, are properly notified and understand the installation process, requirements, and subcontractor obligations.

Permitting

Permitting requirements vary by municipality, county and state. It is the customer's responsibility to contact local permitting authorities to determine permitting requirements and fees for any installation projects. APC offers a range of services related to permitting, which must be detailed in writing prior to expectation of performance. Quoted costs from APC may include (but is not limited to): sealed drawings, sealed drawings with calculations, additional copies and expediting. Customer is responsible for any permitting fees due to the permitting authority (city, county, state, etc.). APC quotes, unless stated specifically as a line item detail, do not include permitting fees.

The Work

The Subcontractor shall furnish all labor, material, supervision, equipment, hoisting, insurance, taxes, and fees necessary to complete the requested work in a good and workmanlike manner.

When installation services are requested, the Subcontractor shall off-load equipment from the shipping truck, inventory shipment contents and report any shortages, damages or discrepancies to American Playground Construction immediately. Installation must start the day of delivery of equipment.

Storage / Security

Unless specifically listed on the signed quote, any on-site storage of playground equipment, whether installed or not,is the sole responsibility of the customer. After-hours site security, unless specifically listed on the signed quote, is also the sole xresponsibility of the customer. Installation personnel may install an orange safety barrier or caution tape around the affected work area, but no fencing or erosion control will be installed unless specifically requested and listed on the signed quote.

Time of Performance

Barring uncontrollable interference (weather, permits, site prep, shipping delays, etc.), installation should commence and be completed according to a previously established construction schedule.

The Subcontractor will proceed with the Work in a prompt and diligent manner in accordance with American Playground Construction's construction schedule as amended from time to time. Customer will ensure site is available and prepared for installation to begin on the date listed in the Customer Install Order. Any delays or extensions to the project schedule resulting from conditions under the control of the customer may result in additional mobilization charges. Certain conditions, such as underground boulders, rock, asphalt or concrete may incur additional installation costs.

Site Preparation

In order to adhere to the construction schedule, it is important the customer accomplish the following tasks prior to the scheduled start date of the installation:

• Ensure line test/marking has been completed by local utilities (electric, water, gas, etc.), and any sprinkler heads within proposed play area have been capped or removed prior to the arrival of Subcontractor to perform installation.
• NOTE: Local utilities providers will not mark private electrical, sewer, gas or water lines added to property. They will only mark lines provided by the utility companies. If you have additional private underground lines in your proposed project area, an additional expense may be required to procure a private resource to mark those lines.
• Ensure proposed play area is free of trash and debris that may interfere with installation.
• Ensure area is flat and unobstructed. Any grading or site prep required will result in additional charges.
• Ensure area is accessible. Equipment and loose-fill surfacing (if applicable) will arrive via semi-trucks (18-wheelers). Subcontractor may use equipment such as Bobcats. It is important that access for these kinds of resources is unobstructed. Access limitations not identified during quote process may incur additional charges for additional installation time and equipment requirements.
• Ensure any scheduling with other contractors hired by customer does not conflict with installation schedule.
• Ensure removal of existing play equipment is completed (if applicable).
• Ensure all necessary permits have been obtained and are present at job site.
• Permitting requirements are specific to each city, county and state. Check with your local permitting agencies to make sure you understand your permitting requirements. Depending on your location, permits may take up to 6 weeks to be issued; please plan accordingly.
• Please contact Customer Service for any information needs, or if you need guidance in responding to a permitting concern or question.

Job Completion

After completion of the Work, Subcontractor shall obtain the following for American Playground Construction:

1. Minimum of three (3) pictures (minimum 800 x 600 pixels) of the completed project (stickers applied).
2. Completed Sign-Off Sheet, signed by customer

Upon completion of the Work, Subcontractor shall provide the following to the customer:

• Any customer materials included with equipment, to include Maintenance Kits, Instructions, Owner's Materials, etc.

Insurance

American Playground Construction shall maintain an original copy of Subcontractor's current Certificate of Insurance, with American Playground Construction named as certificate holder.

Change Orders

No alterations, additions or deletions shall be made in the materials to be furnished or the Work to be performed except pursuant to a written change order signed by American Playground Construction. The value of the materials or alterations, additions or deletions by written change order shall be determined by both American Playground Construction and the Subcontractor. The Subcontractor shall not be entitled to make a claim for extra Work unless the Subcontractor has given American Playground Construction written notice of the claim for extra compensation and AMERICAN PLAYGROUND CONSTRUCTION approves the claim prior to the time that the claimed extra Work begins. All claims for extra Work done without the above referenced written notice are waived.

Damage to Owner's Property

In carrying out the Work, Subcontractor shall take necessary precautions to protect Owner's Property from damage caused by its operations and Subcontractor shall repair and/or replace to Owner's satisfaction all damage caused by its operation at no expense to American Playground Construction or Owner.

Clean Up

Subcontractor shall at all times and on a daily basis keep the premises free from accumulations of waste material, debris or rubbish caused by its employees or work. Subcontractor shall remove all waste material, debris and rubbish from and about the project and all its tools, equipment, waste and surplus materials and shall leave its work area clean.

Safety

Subcontractor shall take all reasonable safety precautions and agrees that prior to performing Work activities, will evaluate the safety of the Work in place and the working conditions in the area in which its employees will work. Consumption of alcoholic beverages on the job site is strictly forbidden and cause of termination of Subcontractor's installation contract. Smoking is to be in Owner's designated Smoking areas only. It is very important that Owner/Customer limit the access of individuals to the job site who are not members of Subcontractor's installation team. American Playground Construction cannot guarantee the safety of individuals on the job site in excess of contracted personnel who are directly engaged in the Work detailed above.

WARRANTIES

Although American Parks Company does not directly provide a warranty for any product, we will help customers with any warranty claims with the appropriate manufacturer.

Force Majeure: No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.