Quotes & Invoices – Material Sales

Purchaser agrees to pay for the material on the terms specified. No retainage. The Quote may not be assigned by Purchaser. Dakota Playground has not made any representation or warranty of any kind or advised or recommended on any installation, plan or placement, quantities, type, specification, or condition of the material purchased or required. Purchaser agrees to indemnify and hold Dakota Playground, including its parent, subsidiary and affiliated companies and its agents, harmless from and against any and all loss, damage, claim, liability, expense (including outside and in-house attorneys’ fees and costs), penalty, action or lawsuit arising from or related to any loss, damage, claim, liability, expense (including outside and in-house attorneys’ fees and costs) or penalty arising from or related to any injury, death, harm or damage to persons or property of any character or type whatsoever arising from or related to the operation, handling, installation, plan or placement, quantities, type, specification, condition, transportation and/or use of the material purchased or required pursuant to the Quote.

Dakota Playground assumes no responsibility for any cause whatsoever and that Dakota Playground’s liability under the Quote shall not exceed the refund or replacement of defective materials only including any freight to facilitate such refund or replacement of materials only. Purchaser agrees to pay outside and in-house attorneys’ fees and costs in the collection and enforcement of the Quote, including, without limitation, in the event Purchaser breaches any of the terms of the Quote. A 3% processing fee may be added to all payments made by credit card. Purchaser agrees to pay 1.5% per month for all past due accounts. All material remains the property of Dakota Playground until paid for by Purchaser and Purchaser authorizes Dakota Playground to retrieve the same from any location and charge Purchaser for the material and their retrieval if payment is not made per the terms of the Quote. Notwithstanding anything to the contrary, items or services not included in the Quote are not included in Dakota Playground’s price and are excluded.