Fun & Active Playgrounds Ltd Standard Terms and Conditions
1.0 The Parties
The parties to this Agreement (hereinafter referred to as the Agreement) are Fun & Active Playgrounds Ltd, whose office is at H5 Daedalus Park, Solent Enterprise Zone, Lee-on-the-Solent, Hampshire, PO13 9FX.
2.0 Definitions and Interpretation
In this Agreement the following definitions shall apply.
“Agreement” means this Agreement (including any Schedules) and any amendments to it, as agreed, from time to time.
“Client” means the person or organisation that is a client of Fun & Active Playgrounds Ltd.
“Fees” means the monies levied by Fun & Active Playgrounds to the Client for the provision of its services.
“Services” means the services provided or to be provided by one party to another as described.
All references to the singular within this Contract shall also be construed as equally applicable to the plural; all references to the male subject shall be construed to equally apply to the female subject.
3.0 Services, Duties and Guarantee of Fun & Active Playgrounds
3.1 Fun & Active Playgrounds Ltd supplies and installs pre-formed thermoplastic playground markings, sports coatings and other playground marking paints. It will make sure all products are installed with care and to the manufactures specification.
Preformed Thermoplastic and MMA (Methacrylate) Markings – 4 Years which covers against wear of the markings.
Sports coatings and any other paint – Due to the varying surface quality and condition no warranty is provided on any paint works.
The warranty is effective from the date the markings are installed and is subject to us installing on a clean macadam surface. Specialist surfaces such as porous asphalt are not covered under this warranty.
3.3 Where possible Fun & Active Playgrounds Ltd will carry out checks and ensure that the Clients site is suitable and safe prior to the installation. On some surfaces, this may mean a heat test needs to be carried out.
3.4 The warranty covers markings installed on sound, clean substrates only. If there are any apparent issues at the outset we will discuss this with you prior to installing. Some issues i.e. drainage problems may not be apparent initially so in the unlikely event there was a warranty claim we would initially make a visit to try and assess the cause of any problem.
3.5 The maximum liability of Fun & Active Playgrounds Ltd is the cost paid for the marking in question. Fun & Active Playgrounds are not responsible for the removal of any damaged markings or putting the area back to its original condition.
3.6 If Fun & Active Playgrounds Ltd is instructed to carry out removals then on occasion this may leave some scarring to the surface for which Fun & Active are not liable. The level of scaring is dependent on how well the markings have adhered to the surface and the strength of the tarmac itself.
3.7 Fun & Active Playgrounds Ltd will make sure it has carried out a standard DBS check for each of its employees. The reference numbers for these are available on request.
3.8 Where requested Fun & Active Playgrounds will provide a proposed layout plan prior to carrying out the installation. This is scaled so it will provide an approximate visual of how the finished playground will look. Colours of the games may vary so if you have any preference or want them exactly as illustrated please ask. Due to drains or unforeseen obstacles, games may need to be moved slightly to fit the area.
4.0 Obligations of The Client
4.1 In return for the provision of the supply and installation of markings for the Client, the Client agrees to make payment of Fees to Fun & Active Playgrounds Ltd.
4.2 The Client agrees to make full payment including VAT available on completion of the works. Payment can either be made by cheque or by bank transfer. If paying by bank transfer the payment must be paid to our Natwest account. Sort Code 52-41-32 Account number 51920115.
4.2.1 Every quotation includes a 10% discount already applied on the basis that payment is made on completion of the works. If payment is not made available on completion of the works Fun & Active Playgrounds Ltd reserve the right to charge an additional 10% on top of the quotation price plus any reasonable costs incurred in obtaining the payment. This supersedes any other terms and conditions provided by the client to Fun & Active Playgrounds Ltd and is regardless of where the payment comes from. If payment will not be possible within this timeframe the client needs to discuss this with Fun & Active Playgrounds prior to placing the order to agree a payment timescale.
4.3 The Client shall ensure that someone will be on site on the day the markings are installed. This is to allow access to the site as well as be available should the installers have any questions on the day.
4.4 The client will make sure the playground is kept clear whilst the installation is taking place and that the installers have unlimited access to the playground area.
4.5 Fun & Active Playgrounds Ltd reserves the right to charge a £500 fee if they are unable to complete the job on the agreed completion day. This can include but is not limited to the following;
• The substrate is not ready (we cannot lay markings on a surface until it has been down for a minimum of 8 weeks)
• Items which cannot be moved are blocking either access to or the area where the marking are due to be laid.
• The surface not being clean – ie free from any mud, dirt, moss, stones, excessive leaves etc.
• The client postpones the job and gives Fun & Active Playgrounds under 5 working day’s notice of the postponement.
• Not providing the install team with clear, uninterrupted access to the playground.
In these circumstances, the client will need to book an alternative installation date with Fun & Active Playgrounds Ltd.
4.6 The client will make sure the playground is clean and free from any mud, dirt, stones, moss etc.
4.7 The client is advised not to grit or salt the playground for at least 48 hours prior to the install taking place. This will void the warranty of the markings.
4.8 It is the client’s responsibility to make sure they request from Fun & Active playgrounds, any documentation they need at least 3 working days prior to the install team arriving. This includes things like CRB checks, risk assessments, method statements, etc.
5.0 Term of Agreement
5.1 This Agreement shall commence on the date that the Client gives either verbal or written confirmation that they wish to proceed with an order.
6.1 Fun & Active Playgrounds Ltd has in place a Public Liability Insurance policy, subject to a claim limit of £5,000,000 for any works it undertakes, to be covered by this Policy.
6.2 Liability shall be limited by the provisions set out in section 7.0 below
7.0 Limitation of Fun & Active Playground Ltd’s Liabilities
7.1 Fun & Active Playgrounds Ltd shall not be liable under any circumstances where the insurance cover does not allow or make payment of any claim for any reason whatsoever.
7.2 Except as set out in this Agreement, any warranties, conditions or representations whether implied by statute or otherwise, shall be excluded to the fullest extent permissible in law.
8.0 Termination of Agreement and Notice Of Rights To Cancel
8.1 The Client has the right to cancel this Agreement by providing at least 21 days’ cancellation notice prior to the agreed date of the installation. Where less than 21 days’ notice is provided by the Client to Fun & Active Playgrounds Ltd, then the client remains liable to make payment for the following; 30% of the total cost for any standard games/markings and 75% of the cost of any custom made games/markings. Payment is to be made within 5 working days of notification of the cancellation.
9.1 The Client hereby agrees that having regard to all the circumstances, the restrictions contained in this Agreement are reasonable and necessary for the protection of the legitimate business interests of Fun & Active Playgrounds Ltd and do not bear harshly upon the Client and that the parties further hereby agree that:
9.1.1 each restriction shall be read and construed independently of the other restrictions so that if one or more are found to be void or unenforceable as an unreasonable restraint of trade or for any other reason the remaining restrictions shall not be affected; and,
9.1.2 if any restriction is found to be void but would be valid and enforceable if some part of it were deleted or amended, that restriction shall apply with such deletion or amendment as may be necessary to make it valid and enforceable; and,
9.2 If at any time, Fun & Active Playgrounds Ltd fails to insist upon strict performance of any of the obligations upon the Client under this Agreement and its provisions, or does not exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute any waiver of such rights and remedies and shall not relieve the Client from its obligations.
9.3 Fun & Active Playgrounds Ltd shall not be liable under this Agreement if it is prevented from, or delayed in, its performance of any obligations under this Agreement beyond its reasonable control due, but not limited to, circumstances including fire, rain, flooding, storm, Act of God, war or terrorism.
10.0 Dispute Resolution
10.1 The parties are committed to resolving all disputes arising under this Agreement, whether such dispute arises during its term or after termination without the need for litigation and to allow so far as is possible for commercial relationships to remain unaffected by disputes and will attempt in good faith to resolve any dispute or claim through negotiations between the parties who have authority to settle the same;
10.1.1 Notwithstanding section 10.1, this Agreement shall be construed in accordance with and governed by the laws of England and Wales and both parties hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to this Contract.