Terms and Conditions
By ordering equipment from our Outdoor Play Ranges, you are agreeing to the following terms & conditions. Please read them carefully. They do not affect your statutory rights.
➢ Play Equipment designed to BS EN 1176 and 1177
➢ Except where indicated, our prices allow for delivery and installation on the UK mainland within a 150 mile radius from our manufacturing facility and are usually subject to a site survey. Once your order is placed we will be in touch with you to discuss. Outside of this area, a surcharge may be levied. Once your order is placed we will contact you with regards to next steps.
➢ All items are subject to availability of raw materials at point of order.
➢ Customers are required to complete pre-contract installation questionnaires. We shall send this over to you once we receive your order.
➢ We endeavour to despatch/install all orders in accordance within the specified time frame which we will contact you about once your order is placed. (This is subject to stock/material availability, the size of your order and where installation is required, weather conditions). We will keep you fully informed every step of the way.
➢ Upon installation and acceptance, we request a signature on a satisfaction note to be handed to our installers.
➢ Our installers are highly experienced at working during both term time and holiday periods and are happy to talk to children and staff about their work as the installation takes place.
➢ Our wonderful supplier conducts all installations using their own employees, all of whom are DBS checked as well as undergoing stringent health & safety training.
1. These are the terms upon which us and our supplier have quoted to supply their goods and services (“the works”) to the customer (“you”). However, your continued instructions to us on the works will amount to acceptance of our Terms and Conditions of business. Any variation to these terms is only valid if agreed in writing by the director of Learning and Exploring Through Play or our supplier.
All Estimates are priced on the basis of completing in one single visit unless clearly specified otherwise in writing. Additional visits will incur further charges.
All payments to be made under this agreement shall be made in cleared funds, without any deduction or set-off under this contract or under any other liability.
We/our supplier reserves the right to alter any specification listed on our websites at any time, and without prior notice. Every effort has been made to ensure the accuracy of the data given but no liability can be accepted for errors or omissions on our website. Your use of any information or materials obtained from our websites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our websites meet your specific requirements. If you are in any doubt please ask us to confirm matters specifically.
6. Our supplier and its sub-contractors are permitted to take photos and/or videos during installation for public use including, but not limited to, advertising, marketing, case studies, etc. without payment or other consideration. If you do not wish any photos and/or videos to be taken, please contact us in writing prior to your installation.
Variation a) The Price quoted is valid for works to be completed within 3 months of the date of the estimate. Installations which are delayed beyond this period, for whatever reason, will be subject to a review Learning and Exploring Through Play and our supplier.
b) Where material orders have been placed by us for specific project(s), limited shelf life of products may apply. In the event of any project delays, the customer will be responsible to cover any replacement material costs, including any additional delivery or restocking costs in the event they should be required for ANY reason, including (but not exhaustive to) : Damage; Water Damage; Change of Specification; Expiry Date of Materials.
c) We will endeavour to maintain the prices quoted as specified. However the price of raw materials is subject to fluctuations. The quoted prices are based on current raw material cost at the time of quotation but we reserve the right to increase the quoted price as a result of increases in raw materials prices after date of estimate.
d Where applicable, projects are subject to a re-measure upon completion and Learning and Exploring Through Play reserve the right to charge for any additional work done at the agreed order rates. Should any additional work increase the total number of days spent on site, or require additional transport or other costs, further charges may be made. If the project is less than ordered and we are able to re-use or get credit for any unused materials, we will make an appropriate adjustment to our charges.
e) Whilst we are on site, written instruction must be given for any amendments to previously ordered works before they can be undertaken.
Cancellation and Delay
f) Any cancelled orders, will be charged at the following rates of the original order value; 25% for any ground works; 50% for any surfacing; 75% for all other items.
g) We reserve the right to charge for stoppage time whilst awaiting instructions on how to proceed or to attend site inductions taking more than 1 hour from our arrival on site. This can include labour, plant, accommodation, and any other associated costs.
Delivery and Risk
h) The risk in the goods shall pass from us to you upon delivery to you. However, title shall not pass to you until we have been paid in full for all goods delivered and work done by us to you both under this and under any other contract between us. We reserve the right to remove any goods where the title has not passed, and you authorise us to enter any premises for this purpose.
i) We order more materials for the site than we may actually use. Any spare materials are the property of our suppliers and are not the customer’s property after.
Access and Security
j) Whilst every effort will be made to minimise damage to the access route provided, we accept no liability for the cost of reinstatement, should damage occur.
k) Free access and parking for our work vehicles and delivery of materials / plant is required with flat hard standing to within 20 metres of the works. Where onsite parking is not provided, we reserve the right to pass on any associated costs and parking charges / enforcement tickets to the customer. Standard estimates are based on a water supply and toilet provided by the customer
l) Standard estimates do not provide Herras or other types of security fencing. Should this be required we can arrange it at an additional charge.
m) The company will not be liable for any defect in the surface / structure/ play equipment which has arisen as a result of, or has been exacerbated by, incorrect or inadequate maintenance;
n) Any defect must be promptly reported to us, and we must be allowed access to the site within normal business hours (Mon-Fri 09:00-16:30hrs) to inspect / repair any defect. Should work be required out of hours, or within specific periods, then we reserve the right to impose additional charges.
o) Surfaces / structures / play equipment should be maintained in accordance with our safety and maintenance guidance provided to the customer on completion of works/installation and available on request. Documentary evidence of compliance with these requirements will be required to accompany any warranty claim.
p) All complete surfacing / structures / play equipment are covered by our standard 12 month warranty against defects which are the direct result of faulty materials or workmanship. We will repair, or replace (at our discretion) any surfaces / structures / play equipment which have developed defects covered by this warranty free of charge.
q) Defects caused by incorrect or inadequate maintenance, defects in underlying surface or foundations which did not form part of the contract, puncture through high point loading, vandalism, abnormal uses, forces of nature and fair wear and tear are not covered by the terms of this warranty.
r) Our Standard 12 month Warranty is provided subject to the following condition:
a. The customer must have made full payment for the product/service in accordance with the conditions of our estimate / contract between us and the customer for the supply and installation of the product (including those as to time of payment).
b. Where payments are made outside of the agreed contractual terms, any warranty period will reduce to 3 months from completion date.
s) For the avoidance of doubt, this warranty does not confer any rights on the customer, or impose any liability on us, other than those expressly set out above and does not cover any claims for indirect or consequential loss or damage arising out of defects.
t) Where extended manufacturers backed warranties are offered, these are offered directly by the specific manufacturers to the customer, and are limited to their products or materials only, and subject to their terms and conditions. If there are any such warranties, they will be referred to in our estimate.
u) Learning and Exploring Through Play and our supplier will not accept the imposition of Liquidated Damages by a main contractor or a sub-contractor under any circumstances.
v) Learning and Exploring Through Plays contract is with the customer only. No third parties shall acquire any rights under it and all claims under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
w) This contract is subject to the laws of England and Wales, and the English and Welsh courts shall have exclusive jurisdiction in relation to it.
x) Any notices must be served to our supplier by sending them to their registered office, and may be served on the customer by sending them to their registered office, or any place of business, or if an individual, to their last known place of residence.
Key Facts and Product Information Please also read the relevant section(s) relating to the products/services to be supplied to you, which are also part of our Terms and Conditions of Business.
KEY FACTS and PRODUCT INFORMATION THESE NOTES SHOULD BE READ IN CONJUNCTION WITH THE ESTIMATE/PRO-FORMA/SAFETY AND MAINTENANCE GUIDANCE SUPPLIED. PLEASE READ CAREFULLY. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT US – email@example.com
Safety Surfaces – Loose rubber chippings, bark
7. The price given assumes that the work can be completed in one visit and that no additional shaping or levelling is required, unless specifically quoted for. Note: We are unable to specify any Critical Fall Height (CFH) when overlaying a surface, due to the surface being Recapped with an additional wearing course layer which can negate the CFH of the existing surface.
8. We have NOT provided for any Site Security. Please note that whilst we will endeavour to protect each site as long as operationally possible, We are not responsible for any damage caused whist we are not on site. Any vandalism/erroneous encroachment (wildlife, animals, birds or alike) onto the area will not be covered by warranty. Any remedial works in these instances will incur additional charge which we can offer quotations for the repair of.
9. Our standard policies, where we encounter Manhole covers / drain grids etc, is to cover them unless instructed otherwise, as our aim is always to create safe play areas. We can supply / or install appropriate recessed man hole covers with adequate prior notice and at additional cost, if requested. These are the only way to maintain access whenever necessary, without damaging any surface.
10. It is the Client’s responsibility to ensure that there is sufficient clearance under any doors / gates opening onto/into the area, for the thickness of surface ordered with an adequate margin for expansion.
11. Critical Fall Height (CFH) of surfacing is achieved at the time of installation only. The client is responsible for ongoing maintenance of the surface to ensure the CFH is maintained.
12. Our standard guarantee on all surfacing is 12 months, subject to conditions.
13. It is the customers responsibility to ensure good drainage to any site. We will not accept any responsibility for any loss or damage caused by drainage issues, furthermore any additional labour, materials or waiting time costs incurred by our supplier will be charged to the customer accordingly.
14. Surfaces should be maintained in accordance with the company safety and maintenance guidance provided to the customer and available on request. Documentary evidence of compliance with these requirements will be required to accompany any warranty claim.
15. All costs incurred due to abortive visits, waiting time will be charged at a rate of £250.00 per day. This charge will also be applicable, if due to site delays on the day of scheduled installation, it results in us not completing our allocated work. Additional labour and materials used to make up levels will be charged for.
16. Even though every care is taken to avoid variation in colour and size of aggregates these materials are natural occurring and no guarantee can be given.
17. The sample colours are a representative and no guarantee can be given in variation to colour or aggregates.
18. Estimates are subject to a site visit to agree area and measurements.
19. Estimates are conditional for a suitable base being provided by others, unless agreed otherwise.
20. Movement from existing tree roots may also cause defects. We do not accept responsibility for any claims relating to this.
21. Estimates are based on normal weekday rates: evening/night, weekend and Bank Holiday work will incur extra costs.
22. Waste disposal is NOT included unless stated.
23. A call-out charge may be made if work cannot be carried out because of access problems. Surfacing / Structures / Play Equipment
24. Where surfacing is to be laid beneath existing equipment, especially moving units such as play towers and slides, ground clearance should be maintained in accordance with BSEN 1176. Unless we have specifically quoted for it, no allowance has been made for height adjustment, which shall be the client’s responsibility.
25. In the absence of a suitable site investigation report we have assumed and priced for any excavation and disposal items on the basis of the material being inert and non hazardous.
26. When we have quoted for either equipment installations and / or preparation of ground works, price assumes machine access for ground works required to complete our preparation works if undertaken. We have allowed for excavating in normal (soft) soil conditions over a flat site, if not flat we will follow contours unless instructed otherwise in writing.
27. Additional costs incurred due to ground conditions such as rock or running sand or obstructions such as concrete, tree roots or utility services will be charged for. All quoted ground preparation assumes ‘soft dig’.
28. Surfacing / Structures / Play equipment are frequently specified for installation onto existing grassed areas. Whilst care to ensure the suitability of the ground conditions at the time of specifying the product, there can be occasions when the ground beneath the play equipment, over a period of time, can move causing the surfacing / structures / play equipment to follow the contour of the underlying ground. Learning and Exploring Through Play and our supplier does not cover the cost of repairing these resulting depressions. Should this be of concern, where applicable, an engineered sub base should be installed prior to installation. No guarantee can be given in relation to strength or drainage performance of the sub structure.
29. The customer / client is reminded that it is their responsibility to ensure grassed areas are regularly cut and maintained to a height not exceeding 40mm, prior to the installation of any surfacing / structures / play equipment. Failure to do so will incur costs for delays; any aborted visits or any other cost interrupting planned work.
32. Inspections can only record the state of the site at the time of inspection, and can give no guarantee that the site will remain in that state for any particular length of time. To obtain continuous cover, an agreed programme of inspections must be carried out.
33. Inspections are not detailed surveys, and inspectors are not qualified structural engineers. If further services are required, please contact us.
34. Any documentation required for the inspection must be made available promptly and must be legible and complete.
35. If an inspection cannot take place because of access difficulties or other reasons beyond our control, a call-out charge may be made.
36. Our supplier, and their staff, carry out inspections rigorously and in good faith, but from the nature of the work cannot accept any liability for accidents or injury suffered to third parties using the site, and you are strongly advised to ensure that you are fully insured against any such liabilities.