Quotes & Invoices – Installs

Purchaser agrees to indemnify and hold harmless Dakota Fence Company d/b/a Dakota Playground (“Dakota Playground”) and its agents from and against any and all claims, liabilities and damages, including outside and in-house attorneys’ fees and costs, arising from or related to any failure to comply with building codes or other restrictions; encroachment or interference with any easement; damage to any improvements, including sprinklers or utilities; frost heave; personal injury or death; failure to maintain or inspect the playground equipment or product; removal of playground equipment or products. Purchaser agrees that Dakota Playground’s liability shall not exceed the amount paid to it under this Proposal. Dakota Playground shall not be liable for any direct, indirect, special, incidental, or consequential damages. Any alteration or deviation from this Proposal requires Dakota Playground’s prior written consent and if approved, shall automatically become part of and subject to this Proposal. Any additional costs from any such change shall result in an extra charge, which Purchaser agrees to pay. All playground equipment and product must be properly maintained and installed over a surface that provides adequate fall protection. For details, refer to the “Handbook for Public Safety” at www.cpsc.gov and the manufacturer. Purchaser assumes sole responsibility to routinely inspect the playground equipment or product for signs or wear, vandalism, or other unsafe conditions.

Purchaser agrees to pay Dakota Playground’s outside and in-house attorneys’ fees and costs in the collection and enforcement of this Proposal. This Proposal is contingent upon strikes, accidents, or delays beyond Dakota Playground’s control and supersedes all prior written or oral agreements. Purchaser agrees to carry all necessary and required insurance. Dakota Playground’s workers are fully covered by Workers Compensation Insurance or other required insurance. All playground equipment or product remains the property of Dakota Playground until paid for by Purchaser and Purchaser authorizes Dakota Playground to remove the same and charge Purchaser for the playground equipment or product and their removal if payment is not made per the terms of this Proposal. A 3% processing fee may be added to all payments made by credit card. Purchaser agrees to pay 1.5% per month on all past due accounts. Any project that is considered custom or has special order materials is not returnable and therefore not fully refundable. A minimum of 25% restocking fee will apply with certain items being subject to higher restock fees as established from time to time by Dakota Playground.