Terms and Conditions | ESP Play | Playground Equipment

General


  • 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.
  • Payment terms are 7 days from date of invoice. ESP Scotland Limited reserve the right to apply late payment penalties against any overdue amount.
  • The minimum order value for any playground equipment is £1,000 excluding VAT
  • Prices are submitted on a variable basis and could change if we experience any difficulties in the installation of your playground equipment that are outside our control. The client will be made aware of any changes that take place within the contract. See Variations section
  • Unless stated otherwise elsewhere in the Contract, ESP Scotland Limited shall, following receipt of the signed Official Order Form, require the Customer to pay a deposit of up to 25% of the value of the Contract before any works commence.
  • Interim invoices will be submitted on a monthly basis to the value of playground equipment completed on schemes in excess of £10,000.
  • ESP Scotland is not responsible for any planning permission or building regulation approval which may be required in connection with the installation of any playground equipment.
  • The customer should at all times maintain a responsible attitude towards the continued management of the playground equipment with respect to the on-going inspection of the equipment in line with recommendations outlined by the British Standards Institute, the HSE, Rospa, Insurers and any other body who have advised on day to day monitoring of play equipment which has been installed on a permanent basis.  Any faults or defects should be reported to the company at once, and equipment should be put out of commission until faults have been rectified by the company.  Upon completion of your project, ESP Scotland Ltd shall issue our Maintenance and After Sales Care Pack which must be read, understood and put into operation to comply with BS EN 1176 &1177

 

Payments


  • Unless stated otherwise elsewhere in the Contract, ESP Scotland Limited shall, following receipt of the signed Official Order Form, require the Customer to pay a deposit of up to 25% of the value of the Contract before any works commence.
  • If the Customer fails to pay any sum due to ESP Scotland Limited within the time specified herein, the Customer shall pay to ESP Scotland Limited – in addition to the sum due – interest thereon calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  • ESP Scotland limited reserve the right to submit interim invoices to the customer to the value of works completed on a minimum of a weekly basis

 

Guarantees


  • Upon the completion of the Works, ESP Scotland Limited shall furnish to the Customer guarantee(s) for the completed Works within the ‘Maintenance and After Sales Care handover pack’.
  • All product guarantees are subject to inspection and maintenance recommendations being followed and evidenced. All recommendations for the up keep of your playground equipment are detailed within your Maintenance and After Sales Care pack.
  • Any guarantee or warranty claim will require proof of maintenance and routine inspections being carried out. It is essential that all your playground equipment is inspected routinely by the school in line with the maintenance calender and inspection template within your Maintenance and After Sales Care pack.
  • An annual inspection must take place on all your playground equipment by ESP Scotland Limited or another RPII accredited inspector to ensure the equipment remains safe and fit for purpose. Your guarantees and warranties will be invalid without proof of this annual ROSPA inspection.
  • The liability of ESP Scotland Limited under the said guarantee(s) shall cease in accordance with the period stipulated on the said guarantee(s), from the date of completion of the Works.

 

Variations


  • The Contract is a fixed price lump sum contract.
  • The Customer may not make any variation or addition to or omission from the Works or change the Commencement Date without the consent of ESP Scotland Limited, which will not be unreasonably withheld.
  • The following events shall be deemed variations to the Order:

1) Any changes to the Works instructed by the Customer and agreed by ESP Scotland Limited;

2) All adverse ground conditions which were not reasonably apparent on inspection of the works prior to the date of the Quotation, including but not limited to rock, running sand, unstable ground, excessive water, poor drainage;

3) Any changes to the ground conditions occurring after the date of Quotation;

4) The discovery of any service such as gas, electricity, drainage, etc, where the Customer has advised ESP Scotland Limited of the presence of such service in writing before the date of the Quotation;

5) Any changes to the access points of the Site and any site deemed by ESP to be unfinished or unsuitable following building or other works upon arrival at site;

6) Any other unforeseen circumstances affecting the works.

  • In the event of a variation arising ESP Scotland Limited shall be entitled to payment of its reasonable additional costs incurred as a consequence.
  • The amount to be paid shall be determined by ESP Scotland Limited and fully detailed within a variation to order ticket.

 

In this contract:


The Company means ESP Scotland 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.

  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 their own order form these terms shall prevail 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 Customer’s 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 web pages and posts, 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.
  8. Standards Where the Company is asked to manufacture or supply playground equipment to the Customer’s 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.
  9. Prices 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 country 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 excluding VAT, unless agreed with the Company prior in writing.
  13. Deposits of 25% are required on playground equipment orders.
  14. Interim invoices will be submitted on a monthly basis to the value of playground equipment completed.
  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.
  16. Property of Playground Equipment / Goods
    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:

    1. the Playground Equipment / Goods; and
    2. 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:
    1. hold the playground equipment /Goods on a fiduciary basis as the Company’s bailee;
    2. take appropriate steps to notify third parties of the Company’s interest in the playground equipment /Goods;
    3. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;
    4. not remove, deface or obscure any identifying mark or packaging on or relating to the playground equipment /Goods;
    5. maintain the playground equipment /Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
    6. notify the Company immediately if it becomes subject to any of the events listed in clause 19 below;
    7. 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,:
    1. the Customer defaults on any payment in respect of the playground equipment /Goods; or
    2. the Customer defaults on any payment in respect of the playground equipment /Goods; or
    3. 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
    4. the Customer becomes subject to any of the events listed in clause 19 below; or
    5. the Supplier reasonably believes that any of events 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:
    1. 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
    2. 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
    3. (being an individual) the Customer is the subject of a bankruptcy petition or order; or
    4. a creditor or encumbrance 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
    5. (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
    6. (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
    7. 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
    8. 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
    9. the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business; or
    10. 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
    11. (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
    12. any event entitling the Company to terminate this contract.
  20. Settlement Terms
    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.
  22. Deliveries/Installation
    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 clear 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 a date or accept liability for failure to meet the date.
  24. Every care and attempt 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:

    1. non-receipt of Goods is advised to the Company within 3 days from the date of the Company’s advice/delivery note; and
    2. 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 Customer’s design 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:
    1. the Goods have been properly kept, used and maintained in strict accordance with the manufacturer’s or the Company’s instructions – if any – and have not been Modified.
    2. 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.
    3. if the Goods have been manufactured to the Customer’s design, the fault is not due to faulty design by the Customer.
  29. This guarantee does not cover fair wear and tear.
  30. The Customer will be required to return faulty Goods to the Company for exchange or repair at the Customer’s 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.
  31. CPD Training SessionsThe following applies specifically to the delivery of pre-arranged CPD training sessions:
    1. 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.
    2. The Customer has the right to cancel – providing 1 week written notice to the Company – for any reason.
    3. 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.
    4. 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
    5. 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.
  32. Playground Inspection ServiceThe Company Playground Inspection service is a full Annual Check of all playground equipment, including a visual and feel test in line with ROSPA guidelines.
  33. The Company will publish an official report of the inspection, highlighting any potential health and safety risks associated to the playground equipment, along with any maintenance and remedial recommendations.
  34. Product Safety
    1. You undertake to indemnify us in respect of any and all claims arising from the goods being unsafe as a result of your activities
    2. You agree to monitor the goods in line with inspection and maintenance advice within your Maintenance and After Sales Care pack. You acknowledge that you have a responsibility to carry out or action Routine, Operational and Annual inspections on the goods to ensure to on-going safety of the goods are fit for purpose. Its continued management and the provision of the high quality inspection and maintenance programmes are essential if the safe opportunities for children to play creatively are to be preserved.
    3. Any warranty claim must be supported with Routine and/or Operational inspection records provided within your Maintenance and After Sales Care pack.
    4. Supervising staff should be familiar with the playground equipment, the rules for use and of the ability of the children
    5. Any decision to offer any of our equipment for use in an unsupervised setting, will be the responsibility of the customer, who becomes the play area manager/provider from the time of installation onwards.  Equally, this company will not accept responsibility for injury, for authorised usage, or miss-use of equipment, by anybody.  The customer/purchaser should provide all that is  required to limit the use of the equipment.  Necessary signage and restrictive fencing should be used to prevent the use of the equipment by persons for whom it is neither suitable or intended.
    6. The customer is advised to ensure that they are covered by their insurers as to injuries and actions which may be brought against them as a result of the general usage of the playground area.
  35. Limitations of LiabilityExcept 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.
  40. CancellationThe 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.
  41. TerminationThe Company shall have the right forthwith to terminate this Contract and to claim for any resulting losses or expenses if:
    1. 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
    2. 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.
  42. Force MajeureThe 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, war, military operations or riot; the act of omission of any part for whom the Company is not responsible.
  43. InfringementsThe 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 Customer’s 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.
  45. Guarantees and WarrantiesThe Company offers various guarantees for products supplied on the basis of the Materials and Guarantees available here.
  46. The Term of the guarantee starts from the date of installation.
  47. The guarantee is only valid once payment has been made in full.
  48. The guarantee is only valid when the Goods have been installed by the Company.
  49. Guarantees are only valid when the goods have been inspected and maintained as per the advice within the Playground Maintenance Guide section within your Maintenance and After Sales Care pack. An annual inspection must be carried out either by ESP Scotland Limited or another RPII qualified inspector. Any guarantee or warranty claim will be invalid unless the customer can clearly demonstrate that regular and routine inspections have taken place, in line with the Maintenance Guide section with your Maintenance and After Sales Care pack, with documented evidence of any actions taken to maintain the playground equipment.
  50. Under the terms of guarantees and warranties the Company will replace faulty equipment, provided that:
    1. the Goods have been used in normal play conditions
    2. the Goods have been used for intended use and the appropriate age range of children,
    3. the Goods have not been modified or altered
    4. the fault is not as a result of misuse, negligence or accidental damage
    5. the damage is not as a result of vandalism
    6. the damage is not as a result of abnormal conditions, weather conditions, collapsed drains, ground movement or acts of God
    7. for timber rounds, the structural failure is due to dry rot or infestation (the guarantee will not cover timbers which are affected by wet rot)
    8. for timber rounds, any splitting/cracks are in excess of 8mm width within the first twelve months after installation
    9. for plywood (for which a twelve month guarantee is available), it has been treated on an annual basis to retain its best condition and extend its life expectancy, which is highly recommended.
    10. for all timbers, the maintenance programme has allowed for timber treatment at ground level
    11. for thermoplastic, the fault is as a result of failure of adherence to the tarmac surface
    12. for wetpour surfacing, the fault is as a result of defective workmanship and materials when laid onto an approved appropriate sub-base with pre-cast concrete edgings
    13. for artificial grass, the fault is due to defective sports grass and play grass materials
    14. for sail shades, the fault is due to defective workmanship, materials and fixings
    15. for steelwork, ESP recommend that all steel is galvanised for longevity however; the galvanisation process does not guarantee that rust will not form on a steel surface if it is damaged, scratched, chipped or penetrated. We recommend that all steel products are serviced and maintained regularly by ESP Scotland Limited.
  51. At the discretion of the Company, the quoted Guarantee is for the provision of parts only and does not include the labour charges for the removal and reinstallation of parts
  52. In order to achieve the best installation result we will require information and guidance from you about the area in which you would like to install any of our surfacing products including but not limited to; rubber mulch, wetpour, artificial grass, resin bound gravel, etc… Problems can arise where existing issues such as drainage are present as additional ground preparatory works may be required. You are required to debrief us on the performance of the area on topics such as drainage, subsidence, and if there are any known service lines running underground as we will be unable to fully assess all of these during our site visit. Based on the information you provide us about the area for development, we will recommend, or create, a bespoke installation specification to ensure you get the best possible installation result, these must be agreed before the order and installation processes commence. Any additional works outside of the standard installation specifications shown below, such as for drainage, would be at an additional cost.
  53. Applicable LawThe law of England shall be the proper law of Contract.