NPC Terms and Conditions for Purchases

  1. Site Access
    1. National Playground Construction, LLC (NPC) as well as its subcontractors, vendors, laborers and materialmen must have free access to the job site during the hours of 7:00am . 7:00pm Monday .Friday.
    2. Gates must be at least 8. wide to allow equipment access.
    3. Most equipment and mulch deliveries are made with a 53. truck. Site must have access to allow delivery of equipment and mulch within 200. of installation site and must be accessible by trucks, trailers, skid-steer loaders, man-lifts, forklifts, etc.
    4. NPC provides no warranty against damage to overhead utilities, overhangs, etc. lower than 12..
    5. Water and 120v electricity must be available within 100. of the construction site.
  2. Landscaping & Hardscapes
    1. NPC will employ the use of heavy equipment that is needed to off-load, erect & boom equipment on and around the site.
    2. NPC will attempt limit the aesthetic impact of construction activities on existing finishes; however, NPC is not responsible for damage to sod or other landscaping or hardscaping due to installation equipment use.
    3. The customer acknowledges that NPC will use on-site soils to rake ruts or tracks and then apply seasonally appropriate seed and wheat straw over disturbed areas. At the sole discretion of NPC, hyrdoseeding may be employed in lieu of seed and wheat straw. The customer is responsible to maintain the seeded areas in order to establish a sufficient stand of grass. This work is being performed to stabilize soils and is not intended to establish finish quality landscaping.
    4. All work associated with re-routing, repairing or removing irrigation lines is specifically excluded from this contract.
  3. Job Site
    1. Unless specifically indicated on the proposal, NPC is not responsible for site preparation including uninstalling existing equipment, grading, clearing, or removing underground obstacles.
      1. “A site considered properly graded is flat, level, and is at a 2% grade or less.”
    2. Unless specifically indicated on the Scope, all work is assumed to be performed on loose fill dirt.
    3. Unless specifically included in the Scope, NPC excludes removal of rock.
      1. Rock shall be defined as material encountered in excavation that cannot be dislodged by a Bobcat Model No. S175 skid steer loader, equipped with a minimum 44-inch wide general purpose bucket, rated at not less than 49 HP power with a 3,300 psi hydraulic system.
      2. Rock excavation includes up to 6 inches over-excavation below the required excavation depth.
      3. Rock shall be quantified by measuring the volume of removed rock and soil by the cubic yard (for the purposes of this calculation, any partial truck load will be counted as full).
    4. In the event that soil or rock conditions are such as to prevent normal installation time and procedures, the customer will be responsible for additional equipment, labor expense and delay cost required to complete the installation.
    5. NPC specifically excludes installation of tree protection fencing or other measures. The customer acknowledges that work within drip lines of existing trees may result in damage or death of existing trees. This proposal specifically excludes remediation or replacement of any landscaping material in or around the playground. NPC shall not be responsible to remove existing trees, limbs, roots etc.
  4. Underground Utilities
    1. NPC will comply with all state and local underground utility marking requirements.
    2. The utility locate service will only locate public utilities on the public side of utility meters.
    3. It is the customer.s responsibility to locate and clearly mark all privately owned underground utilities in the area of the installation. These include power, water, gas, sewer or septic, gutter, storm sewer, telephone, irrigation, cable TV. and any and all private and public lines on the customer.s side of the meter or not within a public utility easement.
    4. Please note that in addition to the public utility locate initiated by NPC, many municipalities also require the property owner/operator to order a utility locate as well. To insure compliance with local regulations, the customer must call 811in the timeframe as prescribed for the customer.s local area. Please consult for more details.
    5. NPC, as well as its subcontractors, vendors, laborers and materialmen will not responsible for damages, injuries, repairs, or discontinuance of business due to damage to unmarked utilities. In the event NPC, its subcontractors, vendors, laborers or materialmen damage unmarked utilities, the customer shall be liable.
    6. In the event of damage to utilities, the customer shall be responsible to notify NPC in writing to stop the project.
    7. The customer shall be responsible for any cost incurred due to work stoppage and/ or project delays.
  5. Permitting and Site Security
    1. Unless specifically indicated on the proposal, all required permits are the responsibility of the customer.
    2. NPC.s price excludes any permitting fees or engineered drawings.
    3. The customer is responsible for site security during installation and during any necessary curing period.
    4. NPC.s installation crew may, at their own discretion, mark the playground construction area with caution tape.
    5. NPC is not responsible for additional charges that result from vandalism or theft.
    6. Padlocks and gates must be unlocked to allow work to proceed. NPC will not take possession of padlocks or keys, nor will it assume responsibility for lost or stolen securing devices.
  6. Site Plan
    1. Equipment will be installed per the installation plan agreed upon by the customer before installation starts. Color changes must be submitted via signed change order.
    2. Wherever applicable, colors of equipment and safety surfacing will be detailed on the installation plan.
    3. The installation plan shall be the governing document for all color selections.
  7. Clean up
    1. Unless specifically indicated on the proposal, it is the customer.s responsibility to haul away all trash created from the install.
    2. NPC will collapse cardboard boxes and stack shipping pallets in a customer designated area within 200. of the installation.
    3. Foam, plastic, metal and fiberglass banding and other loose material will be stacked with pallets. If sufficiently large trash cans dumpsters are provided, NPC will place the trash in those vessels.
    4. If trash cans/dumpsters are not provided one can be ordered at an additional charge.
  8. Inspection
    1. The customer will be notified 24 hours prior to the anticipated completion of the project.
    2. The customer is required meet with a representative of NPC to personally inspect and review the installation. NPC.s representative will provide the customer with an .Inspection Summary and Warranty Initiation. form.
    3. Any unresolved issues with the installation should be noted by the customer on the form at that time; NPC, its subcontractors, vendors, laborers and materialmen shall not be responsible for damages to installed equipment that are not noted on the form.

      Failure to have a representative present at the final inspection forfeits the customer.s right to require remediation of cosmetic issues with newly installed equipment.

  9. Prevailing Wage - Unless specifically indicated on the proposal, NPC has not stipulated to adherence with prevailing wage requirements including, but not limited to, union rates, Davis/Bacon wages, etc.
    1. It is the customer.s responsibility to notify NPC at the inception of the quoting stage of the project if Prevailing Wage rates apply.
    2. In the event the project is under the prevailing wage requirements the customer shall provide the rates and applicable paperwork necessary for the project.
    3. If NPC is not notified before the project is quoted, regardless if prior to the commencement of work or any time after a contract is signed, the customer will incur the additional labor rates plus a 40% labor burden and weekly document processing fee of $250.
  10. I accept being subject to a service charge of 1.5% per month (18% per annum) on balances not received within 15 days of invoice date. I also agree to pay all collection costs, and legal fees incurred to collect delinquent balances. All disputes will be governed by the laws of Tennessee and shall be heard in Hamilton County, Tennessee. Exceptions to these terms may result in additional charges to be determined and approved by buyer prior to mobilization of installation team.
  11. Payment
    1. 50% of the total installation price is payable upon execution of this agreement. The balance is due upon substantial completion. In rare cases where the punch list cannot be completed without an additional mobilization, NPC may, at its sole discretion, provide a partial invoice for services rendered. All partial invoices must be paid in full prior to ordering replacement parts or re-mobilizing to correct punch list items.
    2. Warranty documentation and the maintenance kit will be shipped upon receipt of full payment.
    3. Make checks payable to National Playground Construction, LLC
  12. Force Majeure
    No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.

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