The warranty is against defects in workmanship and materials from the date of purchase. Warranty as stated above will cover the cost of the specific replacement part only to the original owner. Premature wood rot is covered under the warranty to the extent required to prohibit structural failure within the warranty period, (provided maintenance recommendations are followed and documented). We make no other guarantee or warranty of any kind, including implied warranty of merchantability or fitness for a particular purpose, with respect to the services we perform or the equipment we provide under this agreement. We are not liable to you or any other person or party for direct, indirect, special, incidental or consequential damages. Shipping and installation cost are not included in the warranty. This warranty does not cover cosmetic issues, stain or paint, fading, light surface rust, weathering, or maintenance issues. The owner or manager must follow the Operating Instructions, Maintenance Instructions & Check List. Cedar Logs and other natural wood material have natural characteristics like checking, taper in the logs from one end to the other, bends, curves, etc. These characteristics are normal, natural, and even desirable to provide organic character to each piece. They do not affect structural integrity and are therefore not covered by our warranty. Warranted parts must be subject to normal use, no unusual stresses i.e. encounters with lawn mowers, fires, vehicles, fires, lightning bolts, floods, hurricanes, tornados, vandalism, misuse, neglect, accidents or acts of god, etc are not covered by warranty. Rotting wood is only covered to the extent that it will cause structural failure within the warranty period. At our discretion we may ask for digital images of the affected part and accurate measurements be taken so replacement parts can be made and / or we may ask for the return of the defective part. Bears Playgrounds works very hard to ensure that your playground meets or exceeds applicable safety standards. If however concerns or issues are discovered with applicable safety standards Bears will work with the owner on designing a fix to keep costs to the owner minimized.
CPSC now recommends a minimum of 9″ of loose fill safety surfacing material be installed and maintained in the use zone for safety. Safety surfacing package is to be “by others” unless specially included for an optional extra charge at the time of order. Acceptance of this proposal means that you accept Bears Playgrounds terms and conditions as described on the web site www.bearsplaygrounds.com
The Americans with Disabilities Act (ADA) may require that you make your park and / or playground accessible when viewed in it’s entirety. Please consult your legal counsel to determine if the ADA applies to you. For playground equipment to be considered accessible, accessible surfacing must be utilized in applicable areas. Although a particular playground design may not meet the proposed Access Board Regulations in regards to the appropriate number of ground level events, the actual playground may be in compliance when considering existing play components.
Not all equipment may be appropriate for all children, even when designed for a target age group. To avoid injury you should closely supervise and participate in the child’s use of this equipment, especially while learning to use it. Proper supervision is required.
Owner agrees to and is responsible for Suggested General Maintenance Checklist and Operating Instructions found in the Product Brochure. Inspect this unit before each use, tighten hardware and correct any safety issues before each use. The Owner / Contracting Agency are responsible for all permits required. If in-ground footers are required for this project the owner is responsible to check with the utilities to ensure the playground will not interfere. The owner is responsible for any damage caused by conflicts with buried utilities. If Bears is installing, a clear path accessible by installation equipment into your desired location is essential. Bears Playgrounds cannot be held responsible for damage to the grounds while trying to access the installation area. Regardless of who installs the product, the owner agrees to be responsible for determining placement and for providing adequate, safe, “use zones” around the structure and safety surfacing. Owner agrees to defend and hold harmless Bears Playgrounds against any claim or liability with respect to the use of these products or services. In the event of any loss or injury to any person or property, you agree to look exclusively to your insurer to recover damages. You agree that we and our agents, owners, employees, subsidiaries, affiliates, officers and directors are exempt from liability for loss, damage, injury or other consequence arising directly or indirectly from the services we perform or equipment we provide under this contract. If it is determined that we are directly responsible for loss, damage, injury or other consequence, you agree that damages shall be limited to the lessor of $1,000 or the price you paid us under this contract. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss is caused or fault. In the event any lawsuit or other claim is filed by any party against us or our agents, owners, employees, subsidiaries, affiliates, officers and directors arising out of the services we perform or equipment we provide under this contract, you agree to be solely responsible for, and indemnify and hold us completely harmless from such lawsuit or other claim including your payment of all damages, expenses, costs and attorney’s fees. These obligations survive the expiration or termination of this contract. The Limited Warranty is included in the Product Catalog. We make no other guarantee or warranty of any kind, including implied warranty of merchantability or fitness for a particular purpose, with respect to the services we perform or the equipment we provide under this contract. We are not liable to you or any other person or party for direct, indirect, special, incidental or consequential damages. This transaction may be cancelled without penalty within 3 days of agreement. After 3 days but before a product is shipped the transaction may be cancelled subject to a 25% restocking fee. Once delivered and or installed this product may not be returned. If payment is not made when due, interest will accrue at a rate of 1.7% per month from the due date. In the advent of legal action in the process of collections, you agree to pay all costs and expenses of collection, including reasonable attorney’s fees, whether or not litigation is commenced.