Terms of Sale
These Terms of Sale (“Terms”) govern all quotations, purchase orders, and sales of products and services by Atomic Playgrounds Mfg Inc. (“Atomic Playgrounds,” “we,” “our,” “us”) to customers in Canada and the United States.
By accepting a quotation or purchase order, the buyer (“Customer,” “you”) agrees to these Terms in full.
1. General Overview
Atomic Playgrounds designs, manufactures, and supplies indoor playgrounds, modular play systems, and soft play accessories for commercial facilities across North America.
These Terms apply to all sales, whether supply-only or turnkey installations, and form part of any proposal, purchase order, or invoice issued by Atomic Playgrounds.
All sales are subject to Canadian law, and prices are quoted in:
- CAD funds for Canadian customers; and
- USD funds for United States customers.
2. Product Categories and Scope
A. Custom Playgrounds (Manufactured in Langley, BC)
- Custom projects are designed and built at our Langley, British Columbia facility.
- Each playground is manufactured to order based on approved design drawings and specifications.
- Installation and freight are quoted separately unless stated otherwise.
- Customers are responsible for site readiness, permits, and access for installation crews.
- Typical lead time: approximately 8–12 weeks, subject to current production schedule.
- Renderings are for illustration purposes only; colours, materials, or configurations may vary slightly during production.
Warranty:
Atomic Playgrounds warrants all equipment it manufactures to be free from defects in material and workmanship for 12 months from the date of shipment (or installation completion, if installed by Atomic).
This warranty does not cover misuse, wear and tear, neglect, or unauthorized modification.
Shipping and labour costs are not included as part of the warranty service.
B. Modular Playgrounds (Supply-Only Systems)
- Modular systems are prefabricated play modules shipped supply-only for customer or contractor assembly.
- Freight is arranged by Atomic Playgrounds unless otherwise specified.
- Installation supervision may be available for an additional fee.
- Site dimensions must be verified by the customer prior to production.
- Risk of loss transfers upon delivery to the carrier.
Warranty:
Modular playground components manufactured by Atomic Playgrounds include a 12-month limited warranty covering manufacturing defects only.
Assembly and installation performed by others are the responsibility of the purchaser.
C. Wesco Soft Play Products (Authorized Dealer)
- Atomic Playgrounds is an authorized Canadian distributor of Wesco soft play and educational equipment.
- Wesco products are manufactured and warranted by Wesco, and shipped directly to the customer.
- All Wesco warranty claims, product specifications, and replacement parts are handled in accordance with Wesco’s manufacturer policies.
- Colours, materials, and lead times are subject to Wesco’s current production schedule.
- Atomic Playgrounds coordinates the quotation, order, and shipping process, but is not liable for manufacturer delays or warranty outcomes.
3. Quotations and Orders
- Quotations are valid for 30 days unless otherwise stated.
- Orders are accepted only upon written confirmation by Atomic Playgrounds.
- Changes to scope, materials, or delivery schedule must be approved in writing and may affect pricing and lead times.
- Customer acceptance of a quotation or design constitutes authorization for Atomic Playgrounds to proceed with production scheduling.
4. Payment Terms
- Standard payment terms are deposit with order, progress payment prior to shipping or installation, and final payment upon substantial completion, unless otherwise specified in your proposal.
- All deposits are non-refundable once production has commenced.
- Late payments may delay production or shipment and are subject to interest of 2% per month (24% per annum) on overdue balances.
- Payments must be made in the quoted currency (CAD or USD).
- Credit card payments are subject to a 3% processing fee.
5. Freight, Delivery, and Risk of Loss
- Freight quotes are based on current rates and valid for a limited time.
- Freight costs are payable prior to shipping unless otherwise stated.
- Risk of loss transfers to the customer once goods are handed over to the carrier.
- Customers are responsible for unloading and inspecting shipments upon delivery.
- Any freight damage must be reported directly to the carrier within 48 hours.
6. Installation Terms (if applicable)
When Atomic Playgrounds provides installation or supervision:
- The customer must ensure that all site preparations, flooring, electrical work, and access are complete prior to crew arrival.
- Any delay caused by incomplete site readiness may result in additional charges for travel, labour, or downtime.
- Local helpers (if required) must be capable of lifting, climbing, and working at heights.
- Permits, inspections, or engineering certifications (if required) are the customer’s responsibility.
7. Warranty and Claims
- Warranty periods begin on the date of shipment (or installation completion, if installed by Atomic).
- Atomic Playgrounds will, at its discretion, repair or replace defective components found to be faulty under normal use within the warranty period.
- The warranty does not cover damage due to misuse, neglect, vandalism, or improper installation by others.
- Third-party products (e.g., Wesco Soft Toys, Inflatables, Zip Ties) are subject solely to the manufacturer’s warranty.
- To maintain warranty coverage, customers must return the provided Warranty Sign-Off Form and maintain the equipment per the Operator’s Manual.
8. Limitation of Liability
To the fullest extent permitted by law:
- Atomic Playgrounds shall not be liable for any indirect, incidental, or consequential damages, including loss of profits or business interruption.
- Our total liability for any claim shall not exceed the total amount paid for the specific product or service giving rise to the claim.
9. Cancellation or Delay
- Orders cancelled after acceptance are subject to forfeiture of all deposits plus recovery of any costs incurred to date.
- If a customer delays shipment beyond 15 days from the ready-to-ship date, storage fees of $1,000/month (or portion thereof) may apply.
10. Force Majeure
We are not responsible for delays or failures caused by circumstances beyond our control, including strikes, transport delays, material shortages, weather, or acts of God.
11. Dispute Resolution
Any disputes or claims arising out of these Terms or related agreements shall be governed by the laws of the Province of British Columbia, Canada, and subject to the exclusive jurisdiction of the courts of British Columbia.
12. Entire Agreement
These Terms of Sale, together with our quotation, invoice, or sales agreement, represent the full understanding between Atomic Playgrounds and the customer and supersede any prior written or verbal agreements.
Contact Information
Atomic Playgrounds Mfg Inc.
#70 208th Street, Langley, BC V2Z 1T7
Email: info@atomicplaygrounds.com
Phone: 604-510-0093