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Terms and Conditions

General Terms and Conditions:

• All prices quoted on playground equipment exclude VAT (charged at the prevailing rate) and are valid for a period of 30 days from the quote date.
• Playground equipment availability is upon request.
• Payments terms are 7 days from date of invoice. Late payment penalties may apply.
• Minimum order value for any playground equipment is £1000.00
• Prices are submitted on a variable basis and could change if we experience any difficulties in the installation of your playground equipment that is outside our control. (The client will be made aware of any changes that take place within the contract).
• Deposits of 25% are required on schemes in excess of £25,000.
• Interim invoices will be submitted on a monthly basis to the value of playground equipment completed on schemes in excess of £10,000.
• ESP is not responsible for any planning permission or building regulation approval which may be required in connection with the installation of any playground equipment.

iPad 2 Promotion:

• The offer is eligible once an order is placed by the Customer to the value greater than £4,000 excluding VAT, accepted by the Company and payment has been received.
• This offer can not be used in conjuction with any other playground equipment offers.
• The item offered will be an Apple iPad 2 16GB Wifi model, subject to availability at the time of despatch. If the item is not available, the Company reserve the right to offer an alternative of equal value. The item is not transferable to another party, there are no exchanges or cash alternatives.
• The decisions of the Company are final.
• Employees of ESP and their families are not eligible to this offer.

Our Full Terms and Conditions can be found below:

In this contract:

“the Company” means Education and Special Projects Limited (also known as ESP) of Eastham Place, Burnley, Lancashire, BB11 3DA

“the Goods” means the goods or services sold or supplied by the Company to the customer under this contract.

“this Contract” means a contract between the Customer and the Company incorporating these Conditions.

This Contract governs the sale of Goods by the Company to the exclusion of all other representations, statements, understandings, negotiations, proposals or agreements.

1) This Contract governs the sale of Goods by the Company to the exclusion of all other representations, statements, understandings, negotiations, proposals or agreements.

2) Where the Customer submits its own order form these terms shall prevails if they conflict with the terms in that form, even if that form includes a condition similar to this one.

3) No employee of the Company or its agents has authority to make any warranty, statement or promise concerning the Goods except in writing signed by a Director of the Company.

4) The Customers order shall be subject to acceptance by the Company.

5) Orders are accepted and estimates of delivery given conditionally on the Company being able to secure the necessary labour or material and without responsibility for delays or non-fulfilment arising through risk and uncertainties of manufacture, strikes, accidents, force majeure or otherwise howsoever caused.

6) All drawings, descriptive and forwarding specifications, particulars of weights and dimensions are approximate only and not binding and illustrations contained in catalogues, price lists, sales literature and other advertisement material are for the purpose of general description only and none of these shall form part of this Contract.

7) The Company is not responsible for any planning permission, or building regulation approval, which may be required in connection with this plan.

Standards

8 ) Where the Company is asked to manufacture or supply playground equipment to the Customers own specification, the Company will not be held responsible for any non-compliance to the relative standards for playground equipment and is not responsible for the actual suitability of those goods for the purpose being used.

Prices

9) We reserve the right to invoice at the price ruling at date of despatch. All prices, unless otherwise stated, are for delivery “ex works” and are exclusive of value added tax (VAT) or any other tax or duty which is or may be levied or charged in the U.K. or in the county of destination. Any such taxes, duties or charges shall be paid by the Customer.

10) The prices quoted are subject to any increase in the cost of labour or material between the date of quotation and despatch of playground equipment from our works and may not include installation costs.

11) If the Customer requires any alteration to the order, the price will be varied accordingly.

12) Minimum order value is £1,000.00 unless agreed with the Company prior in writing.

13) Deposits of 25% are required on playground equipment schemes in excess of £25,000.

14) Interim invoices will be submitted on a monthly basis to the value of playground equipment completed on schemes in excess of £10,000.

15) Pro-forma payment will be required by Customers who are not funded by Local Authority. This is non-negotiable and is solely at the discretion of the Company.

Property of Playground Equipment / Goods

16) Title to the Playground Equipment /Goods shall not pass to the Customer until the Company has received payment in full (in cash or cleared funds) for:

a. the Playground Equipment / Goods; and

b. any other playground equipment /goods and services that the Company has supplied to the Customer.

17) Until title to the playground equipment /Goods has passed to the Customer, the Customer shall:

a. hold the playground equipment /Goods on a fiduciary basis as the Company’s bailee;

b. take appropriate steps to notify third parties of the Company’s interest in the playground equipment /Goods;

c. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;

d. not remove, deface or obscure any identifying mark or packaging on or relating to the playground equipment /Goods;

e. maintain the playground equipment /Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

f. notify the Company immediately if it becomes subject to any of the events listed in clause 19 below;

g. give the Company such information relating to the playground equipment /Goods as the Company may require from time to time, but the Customer may resell or use the playground equipment /Goods in the ordinary course of its business.

18) If, before title to the playground equipment /Goods passes to the Customer:

a. the Customer defaults on any payment in respect of the playground equipment /Goods; or

b. the Customer defaults on any payment in respect of any other playground equipment /goods and services that the Company has supplied to the Customer; or

c. the Customer becomes subject to any of the events listed in clause 19 below; or

d. the Supplier reasonably believes that any of event listed in clause 19 below is about to happen and notifies the Customer accordingly, then provided that the playground equipment /Goods have not been resold or irrevocably incorporated into another product, and without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up the playground equipment /Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the playground equipment /Goods are stored in order to recover them.

19) For the purposes of clauses 17(f) and 18(c) and (d), the relevant events are:

a. the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply; or

b. the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; or

c. (being an individual) the Customer is the subject of a bankruptcy petition or order; or

d. a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or

e. (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer; or

f. (being a company) a floating charge holder over the assets of the Customer has become entitled to appoint or has appointed an administrative receiver; or

g. a person becomes entitled to appoint a receiver over the assets of the Customer or a receiver is appointed over the assets of the Customer; or

h. any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clauses 19(a)to (g) (inclusive); or

i. the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business; or

j. the financial position of the Customer deteriorates to such an extent that in the opinion of the Company the capability of the Customer adequately to fulfil its obligations under this contract has been placed in jeopardy; or

k. (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation; or

l. any event entitling the Company to terminate this contract.

Settlement Terms

20) Where credit facilities exist, accounts are due for payment 7 days from the date of invoice. Where special discount terms are quoted, the terms must be strictly adhered to otherwise the account will be charged net. The customer shall, unless otherwise agreed in writing, pay all sums due to the Company under the Contract prior to delivery in cash or cleared cheque in pounds sterling. If for any reason the Company does not receive unconditional payment in full, whether under any terms of credit facilities or otherwise, within 7 days from delivery then the Company may charge daily interest on such payments at a rate equal to 5% per annum above the Base Lending rate of HSBC Bank plc, such interest to run from day to day to accrue before as well as after any judgement.

21) The Company has the right to refuse a credit account for any Customer it sees as a potential risk.

Deliveries/Installation

22) Delivery shall be “ex-works” unless the Company agrees otherwise. If the contract includes delivery by the company, the Customer shall be responsible for giving the Company clears and accurate instructions as to the place of delivery.

23) Time shall not be of the essence in respect of delivery. If the Goods are to be delivered by a date specified by the customer or by the Company such date is to be treated as an estimate only. The Company does not guarantee that the Goods will be delivered by such date or accept liability for failure to meet the date.

24) Every care and attempts will be made to locate underground services and pipes prior to work commencing. Unless drawings and plans of any services – including but not limited to electric, gas, drains, water and telephone – we cannot accept any responsibility or liability for damage caused or subsequent damage, repair or disruption to any underground services or pipes that are not correctly sited.

25) The Company does not accept responsibility for any damage, shortage or loss in transit unless:

a. Non receipt of Goods is advised to the Company within 3 days from the date of the Company’s advice/delivery note; and

b. Any breakage, damage or shortage is advised to the Company and carriers within 3 days of receipt of Goods provided that the carrier’s note is marked “unexamined”.

26) All sizes are approximate. Variations during the course of manufacture cannot be avoided and liability is not accepted for them.

27) When goods are offered and supplied to a Customers designs and specifications no guarantee is given or implied of their suitability for the purpose for which they are used.

28) If during the period of twelve months from the date of invoice the Company is notified of a fault in the Goods which is due to a faulty design, manufacturing or materials, the Company will replace or (at its option) repair the faulty part free of charge on an ex-works basis provided that:

a. the Goods have been properly kept, used and maintained in strict accordance with the manufacturers or the Company’s instructions, if any, and have not been Modified.

b. the fault is not due to accidental or wilful damage, interference with or maintenance of the Goods by persons other than the Company or its duly appointed Agent.

c. If the Goods have been manufactured to the Customers design, the fault is not due to faulty design by the Customer

d. this guarantee does not cover fair wear and tear.

e. the Customer will be required to return faulty Goods to the Company for exchange or repair at the Customers own cost, the Company will not be liable for any labour installation charges involved with the removal and subsequent re-installation of any such parts.

CPD Training Sessions

29) The following applies specifically to the delivery of pre-arranged CPD training sessions:

a. The Company reserves the right to cancel providing 24 hours written notice to the Customer due to inclement weather and arrange a future mutually suitable date. The Company shall not be liable for any additional cost incurred by the Customer.

b. The Customer has the right to cancel providing 1 week written notice to the Company for any reason.

c. In the event of the Customer giving notice of cancellation to the Company or in the event of failing to give notice of cancellation, The Company reserves the right to levy a charge of the full value (excluding VAT) of the CPD training session. Any such charge is non-negotiable and is solely at the discretion of the Company.

d. The Company reserves the right to cancel if the Company’s Representative deems there to be a Health and Safety risk / hazard affecting the delivery of the session

e. The Company reserves the right for its Representative to decline delegates of the Customer to attend training session(s) if the Company’s Representative deems the delegate to be inappropriately dressed or incapable of taking part.

Playground Equipment Maintenance Package

30) The Company will carry out an annual Maintenance Check of all playground equipment including a visual and feel test of the playground equipment

31) The Company will carry out reparation where the following is required:

a. Tightening of bolts, screws, and nuts;

b. Replacement of missing bolts, screws, and nuts including bolt caps, snap caps, plugs and other protective fasteners;

c. Light sanding and sealing with treatment

32) The Company regrettably cannot match to existing items but will replace faulty / missing items with suitable replacements fit for purpose.

33) The Company will provide the Customer with a report detailing any risks that have been outlined during the visit along with a quotation for carrying out of rectification works detailed in the report but not covered under the terms of the Playground Equipment Maintenance Package product.

34) The Company will NOT:

a. Replace any materials not detailed above in point 31 including but not limited to timber, rope, handgrips and other fixings

b. Rectify hazards other than those resolved by the rectification works covered under the terms of the Playground Equipment Maintenance Package product.

Limitations of Liability

35) Except where expressly contained in this Contract, all warranties, conditions, undertakings and representations, expressed or implied, statutory or otherwise, are excluded and the Company has no obligation, duty or liability in Contract, tort (including negligence or breach of statutory duty) or otherwise.

36) In any event, the Company’s liability arising for any reason in connection with this Contract shall be limited to the original invoice value of the playground equipment.

37) In no circumstances will the Company be liable in Contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever.

38) The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.

39) Each provision of this Condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held unreasonable in any circumstances and shall remain in force not withstanding termination of this Contract.

Cancellation

40) The Company reserves the right to levy a cancellation charge of 25% of the order value of the playground in the event of the order being cancelled by the Customer. Please Note: Any such charge is non-negotiable and is solely at the discretion of the Company.

Termination

41) The Company shall have the right forthwith to terminate this Contract and to claim for any resulting losses or expenses if: -

a. the Customer commits a breach of this contract and fails to remedy the breach within a reasonable time of a written notice to do so: or

b. the Customer commits any act of bankruptcy or compounds with its creditors; or a petition or receiving order in bankruptcy is presented or made against the Customer; or a petition for an administration order is presented (otherwise than for reconstruction or amalgamation) or a receiver of administrative receiver or any similar event occurs under the laws of the state where the Customer was incorporated.

Force Majeure

42) The Company shall not be liable in respect of any breach of this Contract due to any cause beyond its reasonable control including Act of God, inclement weather, flood, lightning or fire, industrial actions or lockouts; the act of omission of Government, highways authorities, or other competent authority, was, military operations or riot; the act of omission of any part for whom the Company is not responsible.

Infringements

43) The Customer shall indemnify the Company against all damages, penalties, cost and expenses arising out of any claim by any third party for any infringement or alleged infringement of any third party’s industrial or intellectual property rights in any work carried out in accordance with the Customers specifications.

44) Copyright in all drawings or tracings prepared by the Company are the Company’s property and copyright and must be regarded as confidential. Such drawings or tracings must not be published or disclosed under any circumstances without the Company’s permission in writing.

Applicable Law

45) The law of England shall be the proper law of Contract.