|
12/2/2022
<br /> economic loss,property damage and loss of use thereof.It is expressly acknowledged and agreed that each of the foregoing indemnities is independent,that each shall be given effect,and
<br /> that each shall apply despite any acts or omissions,misconduct or negligent conduct,whether active or passive,on the part of,or other contractor(s);provided,however,Miracle Playsystems,
<br /> Inc.duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems,Inc.comparative negligence caused any damages.
<br /> STANDARD NOTES
<br /> • Price quotation is good until December 31,2022.Accurate color selections must be made in writing prior to equipment going into production.Colors to be confirmed with
<br /> your local sales representative.
<br /> • PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS,INC at PO Box 263 Alamo,CA 94507
<br /> • PLEASE REMIT CHECKS TO:MIRACLE PLAYSYSTEMS INC.,1276 S MAIN ST,SALINAS,CA 93901
<br /> • Please email/fax quotation with your signature to accept this quote and place order.Fax 510-893-2163 or email Info@MiraclePlayGroup.com
<br /> • Unless otherwise specified,Miracle Playsystems,Inc DOES NOT include the following in this proposal:
<br /> • Engineered drawings
<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/customer's 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 15 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 /> p �'C
<br /> y�sj
<br /> iaerns
<br /> Name:
<br /> Date: DESIGNING PI.A
<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 3 of 3
<br />
|