Purchasing Terms and Conditions Agreement

 

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PURCHASE TERMS

 

The following purchase terms and conditions apply to all projects
negotiated between Next Generation Recreation, LLC, hereinafter
referred to as Next Gen Rec, and any clients engaging Next Gen
Rec for projects.

All quotes and pricing are good for 30 days from original quote
date. Beyond 30 days, a new quote must be requested.

All applicable sales taxes will be added to the final invoice unless a
current tax-exempt certificate is on file, even if tax was not
included on the original quote.

Unless otherwise agreed, a 50% deposit/payment is due prior to
ordering all materials, equipment, or replacement parts, or prior
to mobilization for the project. The remaining 50% of the
equipment will be invoiced and due NET 30 Days after the
equipment ships. The balance of the installation will be invoiced
and due NET 30 upon completion of the installation or supervised
installation.

Pricing is CASH pricing and includes a 3.5% discount. Use of a
credit card or other non-cash basis of payment will remove this
discount.

 

*IMPORTANT*

 

All equipment is shipped directly to the client at the verified
shipping address provided by the client/end user. Unless detailed
in the quote, pricing does not include the receiving of
equipment, handling, or storage, sales tax, prevailing wages,
payment, or performance bonds, permits, 3rd party audits, or
private utility locates. These items must be requested and
understood prior to the quote being issued. The final invoice may
reflect additional costs/charges.

Next Gen Rec reserves the right to require select invoice/order
balances to be paid in full prior to order processing or project
mobilization.

Next Gen Rec invoices are NET 30 Terms. Late fees of 1.5%
monthly (18% per annum) will be charged beginning at 15 days
past due.

All orders cancelled more than 15 business days after placement
will result in a 30% restocking fee due immediately upon
cancellation. This will be deducted from all deposits, and
remaining balance returned to client.

Stored equipment, delivery delays, or construction/ installation
delays out of the control of Next Gen Rec do not release the client
from any obligation to pay under purchase terms in this
agreement, regardless of final equipment ship date, or date
received.

Any costs resulting in collections of this account, including
accrued interest, or reasonable attorney’s fees with or without
litigation are the responsibility of the client.

 

LEAD TIMES

 

Due to the current challenging times, including supply chain
issues, driver and labor shortages, and other circumstances
beyond our control, Next Gen Rec can only provide an 'estimated'
lead time or shipping date. Next Generation Recreation does not
establish lead times or modify them, and therefore cannot be held
liable for any damages resulting from these changes or other
project delays beyond our control. Please contact your sales
representative for current estimated lead times.

 

DELIVERY

 

See “How to Receive Shipment” document also.
All equipment is shipped directly to the client at the verified
shipping address provided by the client/end user. Unless detailed
in the quote, pricing does not include the receiving of
equipment, handling, or storage.

It is standard practice to request the freight company to call and
schedule a delivery appointment, however Next Gen Rec is unable
to control the outcome of this request.

Drivers are not required (and sometimes expressly forbidden) to
assist with unloading. Some drivers volunteer their help but
should never be asked.

Client should make appropriate arrangements for unloading by
means of forklift or similar machinery, lift gate, or sufficient
manpower. Significant delays at unloading may be charged back
to the client.

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Client is responsible for the following:

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• Inspecting equipment/materials at time of delivery

• Noting by Carton, Item, or Skid of any shortages or damage to goods on freight bill before signing for delivery an taking appropriate photos of damage.

• Notifying Next Gen Rec immediately of any shortages, or damage AND noting them on the Bill Of Lading for claim.

• Next Gen Rec will assist in filing any necessary claims.

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GENERAL

 

Prices are inclusive of all components and conditions discussed. If
any changes are requested, pricing may also change. Renderings,
color choices, and custom items are conceptual only and the
delivered/installed product may vary slightly.

Next Generation Recreation will not be responsible for issues
arising from mid-project personnel changes on the part of the
client.

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INSTALLATION

 

Installation is an additional service that can be provided by Next
Generation Recreation; however, it is not included unless
expressly agreed upon between Next Gen Rec and the customer.
It is the customer’s responsibility to assemble, install, and use the
products safely and in accordance with the manufacturer’s
instructions, unless expressly agreed upon otherwise by Next Gen
Rec. The customer is responsible for unloading and verifying that
the shipment is complete and in good condition if we are not
providing installation.

Next Gen Rec is not responsible for any damages due to shipping
if the trucking company was not notified, and appropriate
documentation wasn’t followed as detailed in this document at
the time of delivery. Damaged or missing items/shipments must
be noted with pictures of damage and reported within 24 hours,
along with notifying the trucking company and driver at the time
of delivery.

Pricing does not include grass/turf protection or repairs unless
otherwise agreed upon and included in the quote. Next Gen Rec
will make every effort to avoid damaging ground/grass during
project, however minor tire tracks, damaged grass, and turf
should be expected.

Skidsteers and heavy equipment can leave marks on concrete
during installation, unloading or tear out. Next Gen Rec will
sweep/clean upon completion but is not responsible for repairs.
Some marks may remain visible but will fade over time.
Owner is responsible for providing water, power, and direct truck
access to site for installation. If the project site requires special
access, or there is an unexpected/unusual distance to carry/cart
materials, additional fees may apply. Failure to properly prepare
the site by the scheduled date of installation will result in
liquidated damages of $250 per day.

 

TRAFFIC CONTROL

 

Any traffic control that is needed for a project will be the
customer’s responsibility. Next Gen Rec will avoid hindering traffic
if at all possible.

 

SITE PREPARATION

 

Pricing excludes all site preparation, including but not limited to:
grading, excavation, curbing, ramps and drainage unless
otherwise noted. If customer is preparing site, pricing assumes
that site has been prepared to the proper depth, and that
grade/slope does not exceed 1-2% in any direction.

 

LANDSCAPING/IRRIGATION/UTILITY

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Next Gen Rec will obtain main utility locates from 811. Owner is
responsible for locating private and all other utilities, irrigation
and drainage system components. Please turn off sprinkler
systems one week prior to installation to avoid site damage due
to wet ground. Customer agrees that Next Gen Rec, its employees
and/or subcontractors are not liable for any damage done to any
type of underground utilities, including but not limited to sewer,
electrical, telecommunications, or landscaping sprinkler
lines/heads on the site chosen by the customer. The customer
further agrees that without properly marked utility and irrigation
lines, the customer shall be responsible for costs incurred to
repair any damages, all costs for medical treatment in the event
of injury, and any related costs due to delay in the project. In the
unlikely event that Next Gen Rec damages any utilities, we will
help facilitate repair, but will not be solely responsible for all
repair costs or held liable for project delays.

 

EXISTING CONDITIONS – ROCK/SOIL CONDITIONS

 

Pricing is based upon normal soil conditions. If, in the process of
excavating for any work included in the scope of this quote, rock,
clay, foundations, boulders, water table, wiring or other private
utilities are encountered which will alter normal, safe and
expected installation procedures, costs and installation time, the
contractor/installer will stop work immediately and notify client.
Work will only proceed after a mutually agreed upon plan,
including recovery of additional costs, is established.

 

 

SHADES – INSTALL FOR SHADES

Footers and required fasteners are included unless otherwise
noted. Site plan approval, permits, permitting fees, plans,
engineering drawings, and surveying are specifically excluded
unless otherwise noted in original documentation. Electrical work,
other cutouts, and ornamentation are not included unless
explicitly described in the documentation. Sealed Engineered
Drawings and Calcs are based on site location/State unless
otherwise noted. Local code requirements are not the
responsibility of Next Gen Rec.

Next Gen Rec will install shade according to the customer’s
requests, including location and height. Note that when
determining the shade sail's location, it's important to consider
the sun's movement throughout the day. The shade's shadow will
move accordingly. Next Gen Rec cannot be held liable if the
desired shadow is not achieved during initial installation. The
manufacturer recommends removing shade fabric in the winter
months.

 

DRAINAGE

 

The customer is responsible for identifying drainage issues before
installation. Next Gen Rec is not responsible for drainage issues
caused by extraordinary weather, natural settling, or
uncontrollable circumstances.

 

CONCRETE

 

Concrete forms can leave voids after removal. Gaps between
old and new concrete may also occur. Concrete will be poured
when weather is appropriate, but we are not responsible for
weather or acts of God. Cracking is typical and does not affect the
integrity of the concrete.

 

 

SURFACING

 

All Poured Rubber Unitary Surfacing is subject to “possible
ambering”. Ask your sales rep if your color choice is included. Due
to our climate, perimeter gaps and graphic seams are typical and
do not affect the integrity of the surfacing and will not be a
warranty issue.

 

TURF

 

Will be installed to manufacturer’s specifications, however
occasionally seams may be visible. This does not affect the
integrity of the surfacing and will not be a warranty issue.

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Contact your sales rep for questions, clarifications or details onany of these Terms & Conditions.

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