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12/22/2022 <br /> • Installation of equipment or other site amenities <br /> • Specialty trades,equipment,power supply required to install equipment <br /> • Any insurance requiring in excess of$1M/$2M per occurrence,special insurance coverage or wording,Prevailing/Certified wage rates,local permitting,bid/performance <br /> bonds,temp fencing,geo tech surveys,playground safety inspection,equipment offload,and testing services. <br /> • Inspect equipment upon delivery.Color discrepancy must be reported at time of delivery.Installation constitutes acceptance of colors. <br /> • Warranty does not cover labor for reinstallation. <br /> TERMS&CONDITIONS <br /> • Purchase contract terms&conditions of sale:The client/customers acceptance and understanding of these terms&conditions and all other supporting documentation <br /> provided as part of this package is evidenced by signing of this estimate/quote. <br /> • Payment terms:Standard terms(on approved credit),unless otherwise noted are 50%with order and balance to ship equipment(no retention).Should any changes be <br /> required to the products after order is placed,modifications or changes will be at client/customers expense.Miracle Playsystems,Inc maintains a no return policy and asks <br /> all clients to determine feature,layout and color selection prior to ordering.Should any order be cancelled after production has started a 30%restocking fee will be <br /> charged to client.Credit card convenience fee is 3.5%which will be added to all credit card charges <br /> • Lead times:Estimated lead times for the time the order is released into production until it is delivered will vary. <br /> • Lead times may currently be extended due to reasons such as supply chain issues,shipping delays,raw material shortages,and other COVID-19 related impacts. <br /> • Custom play feature lead times are determined on a case by case basis. <br /> CONSTRUCTION SERVICES(if applicable) <br /> Unless otherwise noted,we exclude responsibility for material delivery&offloading equipment,removal&disposal of packaging accumulated by equipment packaging,project security, <br /> landscape&hardscape repair based on access route to site,delays or returns due to layout conflicts or delay of other trades,removal of spoils from job site,locating underground:utilities, <br /> pipes,obstructions in work area,conditions unforeseen and/or not disclosed at time of estimate,permits,engineering,material testing,soil samples,CPSI.Conditions:Grades;stable, <br /> compacted&workable with 95%compaction and less than 1%grade,adequate access to site for labor,materials,tools and equipment.Estimate good for 90 days from quote or Dec.31 of <br /> current calendar year,whichever comes first.Terms:Upon completion. <br /> GENERAL TERMS <br /> • THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN:Miracle Playsystems,Inc.objects to any other terms proposed by client,in writing or <br /> otherwise,as material alterations,and all such proposed terms shall be void.Client authorizes Miracle Playsystems,Inc.to ship equipment and agrees to pay the total <br /> specified.Shipping terms are FOB the place of shipment via common carrier. <br /> • Client and owner/operator agree to indemnify and hold Miracle Playsystems,Inc.harmless from and against all liabilities,losses,penalties,damages and expenses, <br /> including costs and attorney fees,resulting from any and all claims,liens,damages,actions,suits,judgments or settlements,injuries arising or alleged to arise out of their <br /> failure,or failure of architect,contractors,subcontractors,installers,employees,agents and assigns to assemble,install,inspect and/or maintain the play equipment and <br /> impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play <br /> equipment. <br /> Company: <br /> Signature: <br /> Name: <br /> piayswu ms <br /> DESIGNING PLA <br /> Date: <br /> Val Vista Community Park <br /> MIRACLE PLAYSYSTEMS,INC. — PO BOX 263,ALAMO,CA 94507 — (800)879-7730 — (510) 893-2163 (FAX) <br /> CSL:981433(Exp Date 03/23) — DIR:1000015853 <br /> Page 5 of 5 <br />