TERMS AND CONDITIONS OF SALE

Variation of Price

Website prices exclude shipping, installation and VAT. Comprehensive quotations supplied by made2play are based on the cost of labour, fuel, transport & materials ruling as at the date of tender. We reserve the right to pass on to you any subsequent increase in cost, which may occur up to the date of commencement and or during the progress of the work. Prices assume good vehicular access and free working space within a 10m distance from the installation area. All prices are estimated until a Made2play survey has been completed.

Cancelled Orders

There shall be a 25% administration charge for orders or part orders cancelled. All charges, including delivery, incurred in returning goods have to be met by the Customer (unless such cancellation is because of the Company’s failure to perform its obligations).

General

Made2play. requires 72 hours’ notice in the event of a change in scheduling for our works and reserve the right to charge an aborted site visit charge of £500+VAT should this change in scheduling occur within the 72 hours prior to our commencement on site. Aborted site visits shall be charged at a rate of £650+VAT per day. , forecasts as to the dispatch of goods, installation of materials and completion dates of installations are given in good faith. We accept no liability whatsoever where non-delivery or delay in installation completion is due to events beyond the Company’s control. Made2play will not in any way be held responsible for any infringement or alleged infringement upon patents, registered design rights or copyrights by any designs provided by the Customer. The Customer will indemnify us against all damages and costs incurred by us as a result of the infringement or alleged infringement. Made2play cannot be held responsible for any changes to design and as such any additional labour or materials, which may arise from this, will be charged for accordingly. It is the responsibility of the Customer to obtain any local authority planning permissions or relaxation of building regulations. Whilst the up most care will be taken during the installation process, we cannot be held responsible for any damage which may occur to the access route and as such have not included any cost of reinstatement or adjustment to make good any adjoining surface, soiling, seeding or landscaping. Made2play will not accept liquidated damages by a main contractor under any circumstances. Wet Pour Safety Surfacing surfaces are covered by our 5 year guarantee and as such we do not allow any retentions to be held.

Play Equipment, Sub-bases and Edge detail; When provided a solely surfacing contract, all equipment, structures and sub-bases are to be installed by others prior to Made2play commencement on site unless otherwise agreed. All sub-bases must fall within the parameters specified in our technical data sheet. Any additional costs such as waiting time, additional labour and materials shall be charged for accordingly. It is the main contractor’s responsibility to ensure good drainage to any site. We cannot be held responsible for any loss or damage caused by any drainage issues, furthermore any additional labour, materials or waiting time costs incurred by Made2play will be charged to the customer accordingly. All edgings previously installed by others must meet our specification.

Security

Made2play will not accept responsibility for the protection of the surface for the duration of the curing period unless otherwise stated. Site works will be protected by plastic barrier fencing throughout the installation period. Made2play have not included for the provision of Haras type fencing or any other additional security, which, if necessary, shall be provided by the customer.

Variations of Work

Any adjustments of contract price necessitated by any variation of works shall be agreed at the time such variation is ordered & shall be changed on a time & material basis. When surfacing, all areas are subject to a re-measure upon completion. Made2play reserve the right to increase the unit rates per metre should the area decrease in size or should any additional area increase the total number of days spent on site.

Facilities

Unless otherwise stated, our quote is based upon direct & safe vehicular access for deliveries of our goods, plant & materials to the site of work & in the event of such access not being available at the time, any extra cost occurred by us shall be paid for by the customer / ordering party.

Site Preparation

We require being able to dispose of excavated soil / spoil on the site that the works is taking place on. This can be tipped either in one pile or spread loosely in an agreed location. We do not allow any further preparation of the soil / spoil. If you require us to remove the soil / spoil from the site then the appropriate charges for this will be paid by the customer or ordering party. This does not apply if the quotation already clearly states that the soil has been priced to be removed from site. This policy is in line with our environmental policy of reducing emissions & soil contamination. Rubber mulch ground preparation includes for dug in edges and a geotex membrane only, all additional base preparations to this will be charged for.

Site Anomalies

If we arrive on site & find that the information regarding the site layout, surface, access or preparation that we received from the customer over the phone/fax/post or e-mail is different, or has factors that affect our working timescale, cost & ability, then we reserve the right to pass this costing onto the customer / ordering party. If asbestos is discovered on site all associated costs for removal and delays to an installation will be passed to the customer / ordering party.

Maintenance Guarantee & Warranty; If our quotation is submitted to a required specification, we do not warrant or guarantee (either expressly or by implication) that such specification is suitable for the conditions to be met.

Guarantees

All guarantees cover failure arising from material or manufacturing defects. General wear and tear through use, damage caused by vandalism or defects resulting from work carried out by a third party are not covered by our guarantees. Guarantees cover the full cost of the faulty parts. Additional fitting and associated surfacing cost are excluded.

In accordance with our policy of continuous product development we reserve the right to make modification in design and specification.

Where the Supplier is not the manufacturer of the Products, the Supplier shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Supplier. The Supplier warrants that (subject to the other provisions contained in these conditions) on delivery the Products shall be of satisfactory quality. The Customer is required to carry out all reasonable inspections to Products on the date of delivery for the purpose of identifying defects and/or damage and advise the Supplier of any missing or faulty goods within 7 days of delivery. Made2play accept no liability for lost or damaged deliveries.

Laminated Timber and Platforms

Playgrade timbers, produced from high strength sawn, planed and treated Scandinavian redwood. Laminated timbers reduce separation and splitting. Laminated timber sections are produced according to EN386:2001. Extremely smooth, high quality machined finish in 95mm and 140mm sections. The glued joints are stronger than the timber itself. Edges are machine finished giving smooth and splinter free surface in accordance with BSEN 1176. All timbers are tanalith-E double vacuum pressure treated in accordance with BSEN 351-1. Timbers are covered by a 10 year guarantee against structural failure due to rot or infestation , Timber equipment is guaranteed from the last date of installation (completion of works).

Cracking in timber

Wood is a natural material and cracking is natural. Normally these will have no appreciable effect on the strength of the material. Its common to find Shakes in timber during dry conditions. Timber shakes will close up during wetter conditions.

Wet Pour Safety

Surfacing surfaces are covered by our 5 year guarantee and as such we do not allow any retentions to be held. The 5 years is made up of 1 year for materials & labour & 4 years for materials only. We do not guarantee the performance of our surfacing when laid onto existing safety surfacing, slabs, flags, soil, grass or other hard or soft areas not approved by us. Sub base inspections are based on integrity of surface at time of installation.

EPDM rubber is quite UV stable and is much less likely to suffer from transfer of stain related ingredients as tyre rubber. However, it is a recycled material and does still contain quantities of carbon black and therefore it should not be considered to be non-staining.

Most stains can easily be removed with a solution of hot (not boiling) water and household detergent e.g. washing-up liquid. The removal of chewing gum can be effected using a freezing aerosol. Heavy oil marks can be removed with a cloth and methylated spirits.

Dips and Undulations

These are usually caused through wear and tear or movement in the ground underneath the surfacing. Repairs will depend on the cause of the issue.

Rubber mulch

Rubber Mulch is a colour coated surface, over time the colour will darken due to physical wear and weathering. With usage the colour coating will wear off and expose the natural black rubber, which may result in the carbon black transferring on to clothing and footwear that come into contact with it. light shedding of dislodged rubber shreds is expected. Mechanical, vandalism or deliberate damage is not covered. There shall be no problems caused by organic growth through the mulch surface. Surface growth is not covered. There are no formal maintenance requirements or routine procedures needed to maintain the integrity of the rubber mulch surfaces or for the warranty to remain valid. Any cleaning of the surface or removal of growth etc. is purely at the discretion of the user for aesthetic reasons only, and only a light brush and water should be used. In the unlikely event that repairs are needed to a rubber mulch surface; Made2play liability is limited to reestablishing the integrity of the surface as fit for purpose only, we cannot accept complaints based purely on aesthetics nor can we consider claims for consequential loss. No warranty will be offered with regards to any issues arising from sub-base movement caused by any means. Specified & recommended thicknesses of Rubber Mulch surfaces cannot be guaranteed as consistent when installing onto uneven & soft sub-bases. All guarantees are only valid once full payment is complete and made within the pre-defined time frame.

Wetpour

Repairs to Existing Wet Pour Safety Surfacing; made2play will not guarantee overlays. We do not warranty the bond between the old and new surface and any movements which may occur in the existing wet pour surface. Made2play cannot guarantee the bond between old and new wet pour safety surfacing. This is due to the differing rates at which the wet pour expands and contracts. This includes (but is not limited to) Edging Band Repairs and Patch Repair.

When Wetpour is first laid there may be an appearance of a yellow tint on the top of the surface, which is caused by the formation of transparent crystals from the resin during the curing process which causes light to refract. This effect is most noticeable with colours such as blue and eggshell and although this cannot be prevented it is only a temporary effect. With usage, the top layer of resin will wear down and reveal the true colour of the rubber granules. Some coloured rubbers are more sensitive to ultra violet degradation than others.

EPDM rubber is quite UV stable and is much less likely to suffer from transfer of stain related ingredients as tyre rubber. However, it is a recycled material and does still contain quantities of carbon black and therefore it should not be considered to be non-staining.

Thermoplastic

Thermoplastic line markings have an expected lifespan of around 10 years. The lifespan for playground markings are subject to the condition of the existing surface, we will not be held accountable for any markings that do not live to their expected lifespan because of this. The guarantee does not apply if the product has been resold by the original purchaser or moved from its exact original location, has been modified, repaired by anyone other than the manufacturer, accidental damage, abuse, neglect, lack of supervision, chemical damage, weather extremes, subsidence, flood, vermin or criminal, war or terrorist damage or loss, lack of maintenance, discolouration, wear & tear, shakes, warps & other normal timber characteristics. All colours are subject to ultra violet light degradation and ultra violet light discolouration and as such total colour stability cannot be guaranteed.

Sail canopy

The fabric must be lowered during high winds/snow as they are not designed to withstand extreme weather. Made2play accept no duty of care for any incident which occurs due to fabric being in place during such weather conditions.

Payments

Our accounts shall be paid within 14 days of invoice, subject to account status and order value, advance payments may be required. Should, for any reason other than delay by Made2play, the confirmed delivery date of the goods be delayed, we reserve the right to invoice for goods and services undertaken to date, and payment will become due for the work(s) completed and invoiced. If not so paid then we reserve the right to charge interest thereon at the rate of 5% above the Bank of England minimum lending rate from the date on our invoice up until the actual date of the cleared funds in our account. When the work is carried out in stages then we reserve the right to submit our accounts for such portion or portions of work completed as aforesaid within 30 days of such account being posted by us, we reserve the right to suspend any further work without prejudice to any other remedy & / or right of action open to us. If a deposit is required this must reach us as clear funds 14 days before we are due to arrive on site to install the equipment, or provide the service, or services agreed in the quote. We understand that there are sometimes occasions & reasons why customers cannot or will not pay the 50% deposit. On such occasions both parties must agree an agreed payment term in writing before the contract commences.

Completion

We do not accept any liability for delays or the non-execution of the contract or agreed work either in whole or part that is due to causes beyond our control. The date that we may give for commencement of work is a ‘target date’ & as such we may require commencing work on, before or after that date. We may on occasions have to change the agreed date to a time agreeable to both parties without prejudice to the contract or quote agreed.

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