HomeMy WebLinkAboutWaterplay Solutions - Purchase Agreement - 3-20-2023QUOTE
WATERPLAY
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Waterplay Solutions Corp.
805 Crowley Ave
Kelowna, British Columbia
V1Y 7G6 Canada
Phone:
Fax:
Toll Free:
Website:
1.250.712.3393
1.250.861.4814
1.888.890.6257 (USA & CAN)
Prepared For: Travis Nichols
Quote No: QUO-08025
Revision: 4
Title:
Quote Date:
Expiry Date:
Sales Rep:
Email:
Gates Park Swimming Pool Replacement,
Waterloo, IA - Sourcewell Quote
3/3/2023
6/1/2023
Evelyn Hernandez
evelyn.hernandez@makrgroup.com
Customer Information
Customer:
Telephone:
Payment Terms:
Currency:
Project Name:
Freight Terms:
PO Number:
Notes:
City of Waterloo Sourcewell Account #2491
Waterplay Sourcewell Account #010521
City of Waterloo, IA
(319) 291-4370
NET30 (100% Net 30)
USD
Gates Park Swimming Pool
Replacement, Waterloo, IA
FCA-Origin Kelowna BC
Bill To:
Main Freight
Quoted To:
City of Waterloo, IA
715 Mulberry St
Waterloo IA
50703-5714 USA
City of Waterloo, IA
Waterloo IA
USA
Pre -ship Freight
City of Waterloo, IA
Quoted To:
Waterloo IA
USA
LINE ITEMS
Part ID
Qty
Description
Pre -ship
MSRP
Extended Price
0010-4589
0010-4592
0010-6862
0010-0377
0010-0485
0010-0403
0010-9146
0010-5724
1.00 FS Gully
1.00 FS Waterfall 3
1.00 FS Sky Soaker
1.00 FS Spiral Tunnel (4 Pc)
(8x playPHASE, 4x Jig 0010-5570)
1.00 FS Fun-Brella
2.00 FS Splash Blaster
1.00 FS Aqualume Soaker 5
1.00 FS Water Weaver 2
(Purchase 3 or more Weavers and
receive a 5% discount)
N
N
N
N
N
N
N
N
$4,595.00
$16,390.00
$36,675.00
$10,785.00
$2,385.00
$3,620.00
$14,395.00
$2,490.00
$4,595.00
$16,390.00
$36,675.00
$10,785.00
$2,385.00
$7,240.00
$14,395.00
$2,490.00
WATERPLAY.COM
Initial ')n Page 1 of 9
QUOTE
FUN BUILDS
Waterplay Solutions Corp.
805 Crowley Ave
Kelowna, British Columbia
V1Y 7G6 Canada
Prepared For: Travis Nichols
Quote No: QUO-08025
Revision: 4
Gates Park Swimming Pool Replacement,
Title:
Waterloo, IA - Sourcewell Quote
INE ITEMS
0010-8081
0011-1522
0010-9970
0010-7503
0010-7475
0011-1293
0010-7468
0010-7478
1.00 FS Parasol
1.00 FS Aqua -Juggle
1.00 Discovery Stream DS4-5
Blue RAL 180-3
N $5,590.00 $5,590.00
N $15,090.00 $15,090.00
N $45,030.00 $45,030.00
11.00 GS Tilty Pop -It Y $1,290.00 $14,190.00
3.00 GS Charlottes Web Y $785.00 $2,355.00
8.00 GS Mister Mister Y $785.00 $6,280.00
1.00 GS Puddle 3 Y $4,170.00 $4,170.00
(Light Blue or Dark Blue Only)
5.00 GS Geyser Y $785.00 $3,925.00
0010-0507 22.00 playPHASE Base Y $615.00 $13,530.00
0010-7494 1.00 GS Doughnut Y $3,100.00 $3,100.00
The Wave nozzle default
(Compatible with any 2.5" nozzle)
0010-7476 3.00 GS Confetti Spray Y $785.00 $2,355.00
0010-7467 2.00 GS Puddle 2 Y $4,170.00 $8,340.00
(Light Blue or Dark Blue only)
0010-7480 3.00 GS Monster 5 Y $785.00 $2,355.00
0010-7466 1.00 GS Puddle 1 Y $4,170.00 $4,170.00
(Light Blue or Dark Blue only)
0010-9816 1.00 GS Team Effect Y $4,745.00 $4,745.00
0010-7497 1.00 GS Spray Tunnel 8 Y $3,300.00 $3,300.00
The Wave nozzle default
(Compatible with any 2.5" nozzle)
0010-7489 3.00 GS Tulip Y $785.00 $2,355.00
WATERPLAY.COM
Initial 27h
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QUOTE
FUN BUILDS
Waterplay Solutions Corp.
805 Crowley Ave
Kelowna, British Columbia
V1Y 7G6 Canada
Prepared For: Travis Nichols
Quote No: QUO-08025
Revision: 4
Gates Park Swimming Pool Replacement,
Title:
Waterloo, IA - Sourcewell Quote
LINE ITEMS
0010-1854
0010-5570
0010-6864
0010-2248
0010-2245
0010-2609
FREIGHT -US
FREIGHT -US
VIP -PUDDLES
2.00 Activator Power Post
4.00 Jig Emb Install 63.75 CC
1.00 Jig FS Sky Soaker
1.00 Controller WTS by Others
1.00 32 Output Expansion Add On
2.00 Manifold 15V 4in Header 5 Port
1.00 Freight USA
(Price will be re -quoted at time of
Order)
1.00 Freight USA
(Price will be re -quoted at time of
Order)
1.00 Promotion - Puddles
$2,540.00
$115.00
$ 622.25
$7,575.00
$2,450.00
$10,455.00
$2,500.00
$6,250.00
$-834.00
$5,080.00
$460.00
$ 622.25
$7,575.00
$2,450.00
$20,910.00
$2,500.00
$6,250.00
$-834.00
MSRP: $280,848.25
Discount: $32,651.79
Total MSRP:
Deposit Required (0%):
$248,196.46
$0.00
Waterplay has partnered with Marlin Capital Solutions to provide flexible product financing options to
our customers, moving your project from a capital cost to an operational expense.
If interested in financing your aquatic play project, please visit our website at
www.waterplay.com/en/marlin-financing-options/ and click the "Calculate a Finance Quote" button to
view quote estimates and submit a preliminary application. Our financing expert will get in touch with
you to discuss financing details and next steps. Once approved, Marlin will provide the documentation
for you to sign with the agreed -upon monthly payment and term. It's really that easy!
WATERPLAY.COM
Initial _'29L _ Page 3 of 9
QUOTE
FUN BUILDS
Waterplay Solutions Corp.
805 Crowley Ave
Kelowna, British Columbia
V1Y 7G6 Canada
Prepared For: Travis Nichols
Quote No: QUO-08025
Revision: 4
Gates Park Swimming Pool Replacement,
Title:
Waterloo, IA - Sourcewell Quote
WATERPLAY EQUIPMENT DOES NOT INCLUDE
Unless otherwise specified, Waterplay equipment DOES NOT include the following:
- Engineered drawings;
- Installation of equipment or other site amenities;
- Specialty fittings, flex couplers or other similar types of joining;
- Field piping/plumbing, double check valves, in -line strainer;
- Power supply, electrical conduit, wiring, connection fittings;
- Electronic solenoid valves (only included with the purchase of a Waterplay manifold).
COMPLIANCE WITH CODES AND STANDARDS
Waterplay Solutions Corp. is an equipment manufacturer. We participate in ASTM panels for the aquatics industry
and make every effort to ensure that our product will meet or exceed the ASTM standards. Waterplay also aims to
ensure that most of our features are ADA compliant but some structures will fall outside of this compliance. It is the
Customer's responsibility to ensure that any requirements to meet ADA compliance are duly noted prior to placing
the order.
Waterplay products are purchased and installed all over the world; unfortunately it is not possible for Waterplay to
know all local standards, codes and/or municipal by-laws that may apply to the equipment we provide. Waterplay
will work with our Customers to ensure compliance with applicable codes and standards but it is the Customer's
responsibility to identify those requirements prior to the signed purchase contract. Failure to do so may result in
additional charges to the Customer should modifications be required after the order is placed.
TERMS AND CONDITIONS
PURCHASE CONTRACT TERMS & CONDITIONS OF SALES:
The following terms and conditions (the "Terms and Conditions") form part of the purchase contract (the "Purchase
Contract") between yourself (the "Customer") and Waterplay Solutions Corp. ("Waterplay"). The Customer's
acceptance and understanding of these Terms and Conditions and all other supporting documentation provided as
part of this package is evidenced by signing of the Purchase Contract.
PAYMENT TERMS AND FINANCIAL CONSIDERATIONS:
Unless otherwise specified in the Purchase Contract, payment by the Customer of the purchase price specified in the
Purchase Contract (together with all applicable taxes, the "Purchase Price") shall be on the following terms: 50% of
the Purchase Price to be paid prior to Waterplay commencing production on the Customer's order and the balance
of the Purchase Price to be paid prior to Waterplay shipping the order (or any part thereof) to the Customer. Any
overdue balances are subject to interest charges of 2% per month.
Payments due prior to order shipping must be received not later than 5 business days prior to the scheduled ship
date. If payment, as required, is not received within this time frame, the shipment may be rescheduled at the
discretion of Waterplay. Additionally, Waterplay reserves the right to request, and the customer agrees to pay,
storage fees equivalent to 1% of the MSRP value of the order/week OR $500/week, whichever is greater, beginning on
the originally scheduled date of shipment.
Unless otherwise specifically stated, all sales taxes or any other personal property taxes, use taxes, duties, excises,
WATERPLAY.COM
Initial �n _ Page 4 of 9
QUOTE FUN BUILDS
Waterplay Solutions Corp. Prepared For: Travis Nichols
805 Crowley Ave Quote No: QUO-08025
Kelowna, British Columbia Revision: 4
Gates Park Swimming Pool Replacement,
V1Y 7G6 Canada Title: Waterloo, IA - Sourcewell Quote
levies or tariffs imposed by any government authority and incurred by Waterplay through performance of the
Purchase Contract will be the Customer's responsibility and are not included in the Purchase Price. Without limiting
the generality of the foregoing, applicable Canadian taxes will be applied to all taxable goods and services included
in the Purchase Contract based on the Canada Revenue Agency's GST/HST Place of Supply rules, as amended from
time to time.
Customers are advised to consult with their financial and tax advisors to obtain further information regarding taxes
applicable to their purchase.
Waterplay maintains a no return policy and asks all Customers to determine feature and colour selection carefully. If
a Customer cancels an order after production has commenced, Waterplay reserves the right to charge (and the
Customer agrees to pay) a 20% re -stocking fee.
Cheque, Wire Transfer, Irrevocable Letter of Credit or Credit Card (note: an administrative fee of 3.5% may apply to
payments made via Credit Card) are considered acceptable payment methods.
TITLE
Except where title to the products contained in the Customer's order is explicitly transferred by Waterplay to the
Customer and the Purchase Price is paid in full, property in, title to and right to possession of such products shall
remain in Waterplay until the Purchase Price and all sums due or to become due from the Customer are fully paid.
Should the goods comprising the Customer's order be connected with the ground or real property or buildings
because of foundations or mechanical parts, then this connection is to be considered as transitory in nature until
payment in full of the Purchase Price.
Unless otherwise agreed, for projects where Waterplay is supplying goods without installation, risk of loss of the
goods, or any part of the goods, shall pass to the Customer when the goods or any part of the goods is delivered to
the Customer or its agent or to a carrier for delivery to the Customer or its agent, which ever event shall first occur.
In the event of a "turnkey" projects (where Waterplay is suppling and installing goods), risk of loss of the goods shall
pass to the Customer upon completion of the project.
DESIGN CHANGES
If the Customer requests any changes in the design specifications, or if changes in such specifications are either
required by an authority having jurisdiction or necessitated by material differences between the physical conditions
upon which the specifications are based and actual on site physical conditions, the Purchase Price shall be
increased accordingly.
In the event that changes are made, as a result of the customer's request or action, to the delivery schedule after the
Customer's order is confirmed and the expected shipping date and delivery date have been determined, Waterplay
reserves the right to request payment of (and the Customer agrees to pay) the outstanding balance of the Purchase
Price, effective the initially determined shipping date. Waterplay also reserves the right to request payment of, and
WATERPLAY.COM
Initial _ _ Page 5 of 9
QUOTE FUN BUILDS
Waterplay Solutions Corp. Prepared For: Travis Nichols
805 Crowley Ave Quote No: QUO-08025
Kelowna, British Columbia Revision: 4
Gates Park Swimming Pool Replacement,
V1Y 7G6 Canada Title: Waterloo, IA - Sourcewell Quote
the Customer agrees to pay, a storage fee equivalent to 1% of the MSRP value of order/week or $500/week, whichever
is greater, beginning on the originally scheduled date of shipment.
LEAD TIMES & LOGISTICS:
Waterplay strives to complete orders within the Customer's requested timeline. However, production lead times are
impacted by multiple factors, some of which are out of Waterplay's control, including, but not limited to, product mix
and plant capacity at the time of order. Expected timing for order completion and shipment from the Waterplay
factory will be communicated to the Customer at the time a Purchase Contract is accepted by Waterplay.
Transit time from Waterplay's warehouse to the final shipping destination is in ADDITION to the estimated production
lead times indicated by Waterplay in a Purchase Contract. Estimated production lead times assume that all
necessary documentation and payments have been received by Waterplay.
In order to facilitate production lead times, colour and graphic selection must be provided to Waterplay within 5
business days of signing of the Purchase Contract.
Delivery of Waterplay product shall be either FCA Origin for all truck deliveries, or CIF Destination Port for all marine
shipments. All products will be carefully wrapped and packaged to mitigate loss or damage during shipment and
meet local regulations for import. All shipments must be inspected upon delivery and any damage, errors or
omissions on parts must be reported to Waterplay and the transport company within 48 hours of receipt of goods.
Where transportation costs are included in the Purchase Price, if Customer requests a transportation method other
than the most economical one, the excess transportation cost shall be paid by the Customer. No credit or deduction
shall be allowed to the Customer for any transportation charges beyond any point at which the Customer accepts
delivery.
FEATURE ACCEPTANCE:
The Customer has reviewed local codes/standards as they may apply to the products contained in this order and
has noted its acceptance of the design and related product specifications, by signing the Purchase Contract.
Where custom features have been included, the Customer has indicated acceptance of the custom feature by
initialing the enclosed custom product specification pages.
For orders including Water Treatment Systems ("WTS"), the Customer is responsible for ensuring the accepted
system meets local standards and codes and that all appropriate approvals are obtained. The Customer has
reviewed the WTS drawings and accepts the design by initialing each page of the drawing package.
SERVICE & SUPPORT:
Waterplay shall communicate the delivery shipment date with the general contractor (the "Contractor") identified by
the Customer in this Purchase Contract in order to permit material unloading and handling preparations by the
Contractor.
WATERPLAY.COM
Initial _Qh _ Page 6 of 9
QUOTE FUN BUILDS
Waterplay Solutions Corp. Prepared For: Travis Nichols
805 Crowley Ave Quote No: QUO-08025
Kelowna, British Columbia Revision: 4
Gates Park Swimming Pool Replacement,
V1Y 7G6 Canada Title: Waterloo, IA - Sourcewell Quote
Waterplay is responsible for providing telephone product technical assistance and system start-up support to
ensure the proper operation of the Waterplay park systems. Operations and maintenance manuals will be provided
at the completion of the project installation.
In the event that the Purchase Contract includes a provision for on -site service from Waterplay, the Customer is
responsible for arranging such services at least 14 calendar days prior to the date a Waterplay representative is first
required to be on site. Waterplay reserves the right to bill the Customer for (and the Customer agrees to pay) any
additional expenses incurred if travel must be booked with shorter notice.
Waterplay is responsible for communicating on -site service requirements to the Customer in advance of
commencing a service trip.
The Customer is responsible for coordinating installation schedules with Waterplay to ensure that the site is ready for
Waterplay's services upon arrival. Waterplay reserves the right to bill the Customer for (and the Customer agrees to
pay) any additional time on site and any additional expenses incurred as a result of the site not being ready for the
planned services.
The Customer is responsible for ensuring a safe working environment for any on -site Waterplay or Waterplay
contracted service technicians. Waterplay contractors and staff have the right to discontinue work if a work
environment is deemed by them (in their sole discretion) to be unsafe until such time as the safety concern(s) has
been resolved to Waterplay's satisfaction. Waterplay reserves the right to bill the Customer for (and the Customer
agrees to pay) any additional time on site as well as any additional expenses incurred as a result of waiting to rectify
an unsafe work condition.
GENERAL TERMS & CONDITIONS
Acceptance of Order: Waterplay may refuse to accept any order for any reason whatsoever without incurring any
liability from the Customer.
Change Orders: No change to this Agreement will be enforceable unless the customer has signed a Waterplay
Change Order.
Collection Costs: The Customer agrees to pay on demand the amount of all expenses reasonably incurred by
Waterplay in efforts to collect the Purchase Price. The Customer shall pay reasonable legal costs (fees and
disbursements) on a solicitor and own client basis, including fees incurred in both trial and appellate courts or fees
incurred without suit and all court costs.
Confidentiality: The pricing, design details and specifications of the products included in the Customer's order,
including without limitation, fabrication drawings, samples, sketches, photographs, foundation drawings, approval
drawings, shipping lists, manuals and any other technical details (collectively, the "Confidential Information")
supplied are the property of Waterplay and are confidential. The Customer shall not, without prior written consent of
Waterplay, use the Confidential Information except in connection with the installation and operation of the goods
supplied or disclose such Confidential Information to third parties unless compelled by law.
WATERPLAY.COM
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QUOTE FUN BUILDS
Waterplay Solutions Corp. Prepared For: Travis Nichols
805 Crowley Ave Quote No: QUO-08025
Kelowna, British Columbia Revision: 4
Gates Park Swimming Pool Replacement,
V1Y 7G6 Canada Title: Waterloo, IA - Sourcewell Quote
Limitation of Liability: The aggregate liability of Waterplay, its affiliates, and their respective employees, directors,
officers, agents and contractors (collectively, the "Waterplay Group") for any claim, whether in contract, tort
(including negligence) or otherwise, for any loss or damage arising out of, connected with, or resulting from the
manufacture, sale, delivery, installation, resale, repair, replacement or use of any product will in no case exceed the
actual portion of the Purchase Price paid by the Customer for that product, or part thereof, which gives rise to the
claim. In no event will the Waterplay Group be liable for special, indirect or consequential damages.
The limitation of liability contained herein shall survive the termination or expiration of the Purchase Contract.
Governing Law: This Purchase Contract and all amendments, modifications, alterations or supplements to this
Purchase Contract shall be governed by the laws of the Province of British Columbia, as to the nature, validity and
interpretation of the Purchase Contract. Acceptance of the Customer's order is subject to the condition that
Waterplay's obligation under any laws or government orders, rules or regulations issued thereunder whether now in
force or hereafter made effective, shall be no greater as a result of such accepted order and no greater than
required by such laws, and Waterplay expressly disclaims assumption of any of the Customer's obligations under
such laws.
Time: Time shall be of the essence of this Agreement and of each and every part hereof.
Dispute Resolution: All disputes arising out of, or in connection with, this Agreement shall be referred to and finally
resolved by a single arbitrator (the "Arbitrator") pursuant to the Arbitration Act, R.S.B.C.1996, c. 55, as amended from
time to time or any successor statutes, with such arbitration being held in Kelowna, British Columbia. The decision of
the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding
on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration.
Enurement: This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective
executors, administrators, successors and assigns.
Force Majeure: Neither the Customer nor Waterplay shall be liable for any failure to perform its obligations where
such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster),
war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction,
blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service, and no
other party will have a right to terminate the agreement evidenced by the Purchase Contract in such circumstances.
Any party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken
(under the circumstances) to minimize delay or damages caused by foreseeable events, that all non -excused
obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
Acceptance of Quote Terms and Conditions of Sale as outlined:
WATERPLAY.COM
Initial '29/ Page 8 of 9
QUOTE FUN BUILDS
Waterplay Solutions Corp. Prepared For: Travis Nichols
805 Crowley Ave Quote No: QUO-08025
Kelowna, British Columbia Revision: 4
Gates Park Swimming Pool Replacement,
V1Y 7G6 Canada Title: Waterloo, IA - Sourcewell Quote
3/20/2023 Date
6.2uertan l LaI t °sisiieo
Signature
Quentin Hart, Mayor
Printed Name & Title
Please initial/sign each page of this agreement, scan and return all pages to Waterplay via fax, email or mail with
confirmation of deposit (if applicable).
Thank you for your order!
WATERPLAY.COM
Initial
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