Terms of Service
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.swingtables.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
If you have questions or need assistance with an order please do not hesitate to reach out.
1-224-420-0047 We can be reached
Monday – Friday 10am – 5pm (CST)
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
You agree by accepting these terms and conditions of sale that your order will be fulfilled within the lead times set out in the Dispatch Confirmation or, if no lead time is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
We will deliver the Product to your door. We may offer to take Product past your front door/gate and install the Product. If we do so this will be at your own risk and our liability for any damage shall be limited in accordance with the below terms of these terms and conditions. The products will be at your risk from the time of delivery and our liability for installing the Products at your premise will be limited in accordance with the below terms of these terms and conditions.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Please note wood, metals, fabrics, resin, acrylics or other materials used in the manufacture of our products may be temperature sensitive.
It is the customer's responsibility to ensure that products are correctly stored in a temperature-controlled room or environment. Products that have been incorrectly exposed to extreme temperatures may expand, contract or warp. We do not accept liability for temperature, water, or liquid damage or other substances spilled onto the product or any form of accidental damage to the product whatsoever.
WARNING: SwingTables does not accept any responsibility for any damage to property or injury to any person howsoever caused. If you require any advice on installation, please contact us prior to installation as failure to do so may invalidate your warranty.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
ACCEPTED PAYMENT FORMS
Placing an order with us is simple and convenient! Orders can be placed via our secure website, telephone, fax, email, or by mailing a completed order form to us. We accept Visa, MasterCard, American Express, Discover, check/money orders and wire transfers. We also accept purchase orders from government entities such as public schools, universities, military, county, state or federal agencies and municipalities. Any credit card order under $50 is subject to a $10 processing fee. All orders are officially placed upon receipt of payment.
PAY BY CREDIT CARD
All major credit cards are accepted, including American Express, Discover, MasterCard and Visa. Once your payment is verified, your order will be placed.
PAY BY CHECK
If you request a quote with one of our representatives, we will email your total. If you accept the quote, please mail a check along with the signed quote to:
SwingTables LLC.
2600-2640 N San Fernando Road Studio 1
Los Angeles, CA 90065
PAY BY WIRE TRANSFER
Payment by wire transfer is accepted from all parties. Call or email a representative for wire transfer information after you've received and accepted your quote.
INVOICE TERMS
Full payment is due prior to your order being processed. Net 30 days can be applied to government entities and established customers with approved credit. The maximum allowable finance charges, by law, will be added to any past-due balances.
TAXES AND FEES
State law requires that we collect sales tax on orders shipped within California. If you possess a valid tax exemption certificate, please include it when returning your signed proposal. No sales tax will be collected on orders shipped outside of California.
All orders are subject to a 25% cancellation fee. This fee will apply if you cancel your order or change your color choice after your order is placed. No cancellations are allowed on orders that have shipped.
Shipping
Freight
In order to deliver the most cost effective solutions for our customers, SwingTables Company seeks and engages the lowest cost freight and/or delivery options available. Most orders ship via common carrier trucking companies or UPS Ground, FedEx Ground, etc., depending upon order size, weight and delivery address. We are not able to deliver to PO Box or APO/FPO addresses. All sales requiring motor freight delivery will be FOB (freight on board/free on board), which means that ownership of goods transfers to the purchaser once the goods are loaded on the truck for delivery. The freight carrier, not SwingTables Company, shall be liable for any damage to the equipment which occurs during shipping.
If your order requires delivery via common carrier your shipping/delivery address must be able to accommodate a large delivery truck, to include delivery by trucks pulling trailers up to 53' in length. Most addresses are accessible for large trucks. However, low wires or clearances directly in front of the delivery address may create obstacles to effective delivery. We cannot be responsible for inaccurate or undeliverable addresses. If this is the case, please contact American Parks Company for other freight or delivery options.
Products usually arrive 3-7 days from the date of departure. The customer may be responsible for an additional redelivery fee if the delivery truck arrives, but the customer is not present or able to accept delivery. Unloading of equipment and inspection of incoming goods at the time of delivery is the customer's responsibility. Please note any shortages or damages to the goods on the freight bill you sign to receive the delivery. In the event of damage, we will be happy to assist you with filing a freight claim to receive a replacement product.
We will not replace items unless they are found to be defective, but this obligation is subject to limitations. We do not offer discounts or refunds for late deliveries. Generally, the products we offer ship in the specified time frame. However, bad weather and other uncontrollable circumstances may slow your delivery. We will strive to provide you the most updated information regarding your goods shipment via email or the phone contact information you provided in your customer contact information.
Additional Freight Services
Additional services such as two-person delivery, or inside delivery are not included in the quoted shipping price unless specifically listed. In most cases, such services are not necessary if adequate personnel are available to assist in unloading. Structures and centers are generally packed on a single skid, or in a single crate. These will weigh several hundred to thousands of pounds. The driver will not assist in unloading the delivered freight. For any additional freight services, please contact our customer service staff as the fees will vary by carrier and region. Please tell us, before you complete your order, if your delivery address is unusual, difficult to locate or requires particular instructions, so we can make the necessary arrangements before delivery. There may be additional shipping costs, depending on your specific situation.
Delivery & Unloading
The freight company will typically call you 24 hours before arrival to schedule your delivery. Most orders will ship on pallets and/or in crates via common carrier trucking companies. You may receive multiple shipments to complete your order. The driver will not unload the product. If installation services are purchased with your order, our installer will unload the delivered freight. If installation services are not purchased with the order, it will be the customer's responsibility to arrange unloading of equipment to include any equipment or personnel required. In the event the customer is responsible to unload the delivered order, the customer should check to see that the number of cartons, bundles, welded frames, etc. match the indicated quantities noted on the Bill of Lading (BOL) and invoice/receipt before signing for the order.
If shortages are not noted on the BOL/receipt, replacement pieces may be repurchased at the customer's expense. Damage found after the shipment is unpacked (concealed damage) must be reported to our Customer Service Center within 48 hours of delivery. Please closely inspect your shipment! Most freight companies allow 72 hours from receipt to report concealed damage. Digital photos must be taken. If you discover damage of any kind, DO NOT DESTROY ANY ORIGINAL SHIPPING CARTONS. If the condition of delivered freight before unloading indicates possible damage (damage to carton/pallet/crate), take pictures before unloading activities begin.
Storage / Security
Unless specifically listed on the signed quote, any on-site storage of SwingTables product, whether installed or not, is the sole responsibility of the customer. After-hours site security, unless specifically listed on the signed quote, is also the sole responsibility of the customer. Installation personnel may install an orange safety barrier or caution tape around the affected work area, but no fencing or erosion control will be installed unless specifically requested and detailed on the signed quote.
Damaged Shipments
In rare occurrences, shipments may get damaged during transit. Prior to signing the acceptance from the carrier, inspect all merchandise for damages. If any damage is found, please mark "damaged" on the bill of lading and reject only the damaged box/item. You cannot file a claim with the freight carrier if it is not noted on the delivery receipt. If you cannot inspect the merchandise, please note on the delivery receipt "Merchandise received, but not inspected." Damaged merchandise is your responsibility. SwingTables will not be liable for incidental, indirect, special or consequential damages. In no event will we be liable for damages beyond the invoiced price. Loss or damage claims must be filed within 48 hours of shipment receipt. We will be happy to assist you with filing a freight claim to receive a replacement product.
Missing Parts/Concealed Damage/Replacement Parts
A complete inventory of received and missing parts must be made against the packing list within 7 days of delivery. Note damaged/missing items on shipping documents before accepting any shipment. In the event that a discrepancy exists, please notify us immediately. The manufacturer will not replace missing parts reported more than 7 days after arrival of goods.
Upon notice of missing/damaged parts, SwingTables will contact the appropriate manufacturer(s) to arrange for shipment of replacement part(s) at no charge.
Shipping to Alaska, Hawaii, Puerto Rico, Canada, & Mexico
Broker fees, import fees, government duties and taxes are required to receive shipments and are the customer's responsibility. At our discretion, additional shipping costs may apply to orders shipping to Alaska, Hawaii, Puerto Rico, Canada and Mexico. We will always notify you of any change to the shipping amount required and await your approval before we proceed with order processing and shipment.
All Other International Freight
We are able to ship overseas. Customers located outside of the U.S. may hire an independent forwarding agent, based in the U.S., who can receive your shipment to a U.S. address. SwingTables can assist customers with orchestrating a forwarding agent upon request. SwingTables is not responsible for the shipment after delivery to U.S. forwarding agent.
Assembly
Unless otherwise noted, all products are delivered unassembled. All products are shipped with detailed installation and assembly instructions. The customer's installation and assembly does not affect the warranty. If you have questions concerning installation or assembly, please contact one of our representatives for assistance. If installation services are not purchased from SwingTables in conjunction with the product purchase, they may be purchased at a later date, but installation will be subject to installer availability for scheduling. If customer assembles/installs equipment on their own, it is expected the customer will hire or engage qualified resources to install equipment according to manufacturer instructions, and in compliance with standards established by the Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM).
Returns
Most of our products are made to order, based on your design and/or color specifications. No returns will be accepted for these custom items, Standard SwingTables, Custom SwingTables & Other Products . Returns are only accepted for items that are considered "stock." We must approve all returns within 48 hours of your delivery receipt. All returns are subject to a 25% restocking fee, original freight charges, plus any additional shipping and handling charges. No returns will be accepted for products once installation has commenced. Returns after 48 hours or without authorization will be refused. Returned items must be in original packaging and in new condition.
The following do not qualify to be returned for a refund:
Any made-to-order structure, products, shades, or custom items.
Any equipment that has been installed, either completely or partially, whether by us or by you.
Damaged or defective goods which have been replaced with the same item at no cost.
Promotional items which were provided free of charge.
Any item(s) for which the cost did not exceed $50.
Items returned without prior written authorization from SwingTables.
Preauthorized items returned more than 30 days after delivery of the product(s) to you.
Items attempting to be returned freight collect.
Shade products including free-standing or any incorporated into a SwingTable.
Any order of products not considered a standard order. For instance, a bench with no frame. Contact Customer Service for specifications.
Cancellations
If your order has not been processed, it may be cancelled, no questions asked. Orders cannot be cancelled by email or message. An order is not considered cancelled until a cancellation number is given. Orders are normally processed within 24 hours after receipt of payment, sometimes as quickly as within one hour. Some orders ship the same or next day. Be certain about your order because it is impossible to stop a shipment once it has departed and shipping costs are non-refundable. No cancellations are allowed on orders that have shipped. All processed orders are subject to a 25% cancellation fee. This fee will apply if you cancel your order or change your color choice after your order is placed. For any promotional shipments, the promotion will be voided if the order is cancelled or refused. A restocking fee and a return freight cost will be deducted from the refund amount. You should expect to receive your refund within four weeks of product return.
Backorders
Hardware items are sometimes backordered by the manufacturer, which is beyond our control. We will make every effort to inform you of any items that are currently not in stock. Backorder dates may change without notice, often before the backorder date provided. It is your responsibility to cancel any backordered item as it will otherwise ship out as soon as it is in stock again. If your backordered item ships, regardless of the date, and has not been cancelled, you must follow our return policy above.
Installation
Installation Process
All installation services are contracted and provided through a third party app Task Rabbit, who maintains a national network of certified and insured installers who operate as subcontractors for SwingTables. All installation arrangements must be made prior to shipment as installation fees, unless specifically listed in the sales order, are not included online or in sales quotes. Any issues with the installation of purchased equipment should be documented on sign-off of installation work, or communicated in writing to our Customer Service Center within 30 days of the date of install completion. SwingTables will be given the opportunity to remedy any issues with the installation.
Permitting
Permitting requirements vary by municipality, county and state. It is the customer's responsibility to contact local permitting authorities to determine permitting requirements and fees for any installation projects. Customer is responsible for any permitting fees due to the permitting authority (city, county, state, etc.). APC quotes, unless stated specifically as a line item detail, do not include permitting fees.
Storage / Security
Unless specifically listed on the signed quote, any on-site storage of playground equipment, whether installed or not,is the sole responsibility of the customer. After-hours site security, unless specifically listed on the signed quote, is also the sole responsibility of the customer. Installation personnel may install an orange safety barrier or caution tape around the affected work area, but no fencing or erosion control will be installed unless specifically requested and listed on the signed quote.
Time of Performance
Barring uncontrollable interference (weather, permits, site prep, shipping delays, etc.), installation should commence and be completed according to a previously established construction schedule.
The Subcontractor will proceed with the Work in a prompt and diligent manner in accordance with American Playground Construction's construction schedule as amended from time to time. Customer will ensure site is available and prepared for installation to begin on the date listed in the Customer Install Order. Any delays or extensions to the project schedule resulting from conditions under the control of the customer may result in additional mobilization charges. Certain conditions, such as underground boulders, rock, asphalt or concrete may incur additional installation costs.
Damage to Owner's Property
In carrying out the Work, Subcontractor shall take necessary precautions to protect Owner's Property from damage caused by its operations and Subcontractor shall repair and/or replace to Owner's satisfaction all damage caused by its operation at no expense to SwingTables or Owner.
Clean Up
Subcontractor shall at all times and on a daily basis keep the premises free from accumulations of waste material, debris or rubbish caused by its employees or work. Subcontractor shall remove all waste material, debris and rubbish from and about the project and all its tools, equipment, waste and surplus materials and shall leave its work area clean.
Safety
Subcontractor shall take all reasonable safety precautions and agrees that prior to performing Work activities, will evaluate the safety of the Work in place and the working conditions in the area in which its employees will work. Consumption of alcoholic beverages on the job site is strictly forbidden and cause of termination of Subcontractor's installation contract. Smoking is to be in Owner's designated Smoking areas only. It is very important that Owner/Customer limit the access of individuals to the job site who are not members of Subcontractor's installation team. American Playground Construction cannot guarantee the safety of individuals on the job site in excess of contracted personnel who are directly engaged in the Work detailed above.
INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our website, and, save for our users content (where we are licensee), in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy and may download extracts of any page(s) from our website for your personal reference and you may draw the attention of others within your organization to material posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes without obtaining a license to do so from us or our licensors.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of nus relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.