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HomeMy WebLinkAboutEaston Village large planTo: 1W RECRE.4TIm City ofLake Elmo 38OOLaverne Ave. N. Lake Elmo, MIN 55042 Attn: Mike Boudhibt Project: Easton Village Development New Playground UUOTAT Date Contact: Phone: Ca|L Playgrounds Fun MikeBouthiket 651-747-3941 Earw Y We are pleased to provide the following quotation on items supplied by Little Tikes Commercial Play Systems 45 1 m Descrir)tion Unit Price Extension Little Tikes Custom Kid Builder Playobuctume, Includes: NRGP|aystmctumand Giants Causeway Balance Pods. Little Tikes Black G'Kid Timbers 12"high with stakes, Product byOthers includes: (4.985aq.ftjRubbedRenyo|eP|aysaferRubber Mulch. (5) Rubber Recycle Swing Mats Independent Play Components Installation of above. * Above based on Manufacturer's Standard Warranty Sub Total Freight Tax 6.875% Total $40,78400 $1.845�Q0 $SQ.Q87�OO Included Not Included $69,997.00 IMPORTANT INFORMATION: * Quotation isvalid for: 3UDays * Freight based onshipment tnLake Elmo, PNN + Shipment can currently bemade in3'4Weeks upon order entry * Terms: 30Days Net Invoice. + Pricing based on above quantities — any changes may require a revised quotation. + Orders will be placed upon receipt of a Purchase Order or your signed acceptance of this quotation. ° "Y'lake Purchase Orders toPlayPovxer [T Farmington —PQ.Box 2D471n—Dallas, TX7532V'471J Thank You! ACCEPTED BY: Northland Recreation, LLC Project Manager DATE: RECREATION Playgrounds Fun Little Tikes CO0008[Ci@i and Northland R8C[e@t'On' LLC, greatly 8ppD2Cjat8S your consideration of our proposal. If it is your desire to purchase any or all of the items listed inthis proposal, VVe kindly ask that you sign your acceptance OOboth pages Ofthis qUOt8fiOO and complete the following iOfn[DOatiOO to insure timely and 8CCUEte order entry. Bill to address: (if different from quote) Ship to address: (if different from quote) Delivery Contact: Phone Number(s): Desired []eliVB[V Date: ° Please Note: Many factors are involved in the manufacturer's actual ship dates. We will make every attempt to accommodate your preferred date. Purchase Order # (if 2ppUCable\� * Please Note: Purchase orders to be made out to PlayPower LT Farmington, Inc. Is this project exempt from sales tax? °|f YES, please include acompleted Certificate mf Exemption Color Selections (if applicable): Additional Comments: Terms: O |/VVaunderstand that all accounts are payable to PlayPower LT Farmington Inc, according to the terms shown on each invoice, and if not paid on or before said date, are then delinquent, I / We agree to pay any and all service charges added each month to past due invoices. Terms are Net 30days upon delivery with approved credit. Q Unless notified in writing oothe nontrary, all charges are due and payable in full at P|ayPww*rLTFarmington, |nu.-P.O.Bux30uT13-DaUaa.TX7532o'4713 G Credit approval may be required tucomplete this order. 0 Additional charges may apply for applicable sales tax, extra unloading time, incorrect delivery addremnoo, oncVur cancellation ofdelivery without 24hours prior notice. 0 The Terms and Conditions of this signed quotation shall prevail over any inconsistent terms and conditions of a purchase order, contract and /orconfirmation related 0othis project. ACCEPTED BY: DATE: N I �:noBf,"xaF;x,l!��e��x/ Emmx»om This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington ("PPLT"). To submit this offer, please sign below and forward a complete signed copy of this Quote to Northland Recreation, LLC. or directly to PPLT Sales Administrator (fax: 573-760-7454 or outdoordes@ttcps.com). Upon acceptance, PPLT will return a fully -signed copy of the Quote to Customer via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via authorized carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PlayPower LT Farmington, Inc. P.O. Box 204713 — Dallas, TX 75320-4713, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted by Printed Name & Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PPLT. Submitted by ADDITIONAL TERMS & CONDITIONS OF SALE: Printed Name & Title Date 1: Use & Maintenance: Customer agrees to regularly inspect and maintain Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety, 2: Default. Remedies & Delinguency Charaes: Customer's failure to pay any invoice when due, or its failure to otherwise comply with the Terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniforrn Commercial Code. Customer agrees to assist its repossession of the Equipment and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys' fees plus any cost of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due. 3: Limitation of Warranty/ Indemnity: PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDADRD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF A CUSTOMER'S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT'S INSTALLATION AND OWNERS'S MANUAL AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4: Restrictions: Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process: (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5: Purchase Money Security Interest: Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all Customer's obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6: Choice of Law and Jurisdiction: All Agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri, 7: Title: Risk of Loss: Insurance: PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8: Waiver: Invalidity: PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9: Entire Agreement: Amendment: Binding Nature: This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete arid exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the Terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10: Counterparts: Electronic Transmission: This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document.