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 Changes/Cancellation

  • Since our products are manufactured to order, cancellations are subject to fees:
    • Changes are subject to manufacturer approval.  
    • Cancellation fee if the order is canceled while in production, amount varies per product and producing facility, typically 25-35%
    • Certain orders or custom may incur a 100% charge
    • 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.
  • Once an order is ready it must leave the dock.  We can not store your materials. Storage fees vary by product and producing facility. 
  • Any address changes after shipment may incur additional freight charges. Even the building adjacent is an address change. 
  • 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.

            Many clients do not answer calls from unknown numbers.   Be sure to check voice messages or texts (if applicable) for important correspondence

            If your contact information changes, such as you obtain a new telephone number or email address, we need to know this new information, or your order may not be delivered to you. 

            Freight carriers each have their own time frame and windows for response.   Some will not assess a fee; they will return the goods to the shipper. 

            We will not refund a purchase due to return of goods by carrier.    If the goods are returned, we still must pay the carrier for the freight charges.  

            Returned goods that you wish to ship again to your or a different address, will need to be requoted at current carrier rates.  We will not offer free freight for this second shipment. 

            Goods will not be released until fees or charges are paid. 

  • 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.
  • Goods returned to manufacturer due to failure to respond, improper address or refusal are subject to cancellation policy. 

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, unless otherwise required by law based on the location of the purchaser.
  • Any disputes must be resolved in the state or federal courts of Texas, unless jurisdiction is otherwise mandated by applicable law.
  • The parties agree that Texas courts provide a convenient legal forum for resolving disputes under these Terms.

14. Assumption of Risk and Waiver of Liability

Playground and recreational equipment inherently involves physical activity by both children and adults. Such use carries an inherent risk of injury, including but not limited to falls, impacts, or other accidents. By purchasing, installing, maintaining, or using any playground or recreational equipment provided by DunRite Playgrounds, the purchaser, owner, operator, and all users acknowledge and voluntarily accept full responsibility for all risks associated with its use under applicable state and federal law.

This acknowledgment applies to all customer types, including but not limited to schools, municipalities, parks, churches, childcare centers, private residences, or any other venue or organization using such equipment. The purchaser and operator are solely responsible for ensuring compliance with all local, state, and federal safety standards, installation codes, supervision requirements, and inspection protocols.

To the fullest extent permitted by law, all such parties expressly waive any and all claims against DunRite Playgrounds, its officers, agents, affiliates, and contractors for any injury, damage, or loss arising from or related to the use of such equipment, whether supervised or unsupervised. The responsibility for proper installation, ongoing inspection, supervision, and legal compliance rests solely with the purchaser and user.

15. 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.