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Terms & Conditions for Installation Works

Contracts entered into by Boyd Sport & Play Ltd, trading as and hereafter referred to as sportsequip.co.uk, incorporating any site assembly or installation works are also subject to these supplementary terms and conditions.

Sections


Supplementary Terms & Conditions Relating to All Assembly and Installation Works

  1. Any installation prices offered site unseen are guide estimates only and subject to site survey.
  2. At the time of enquiring customers must advise sportsequip.co.uk of any known impediment, e.g. unusual ground conditions, uneven or unlevel ground, underground obstacles, drainage problems, access issues etc. that would affect installation works. Unless otherwise advised sportsequip.co.uk assumes reasonable site conditions with no known hazards. Installation quotations will be in accordance with the equipment or surfacing manufacturers recommended instructions.

  3. Prices quoted for installation works :
    (i) Will remain firm for acceptance for a maximum period of 30 days, unless otherwise stated, after which time a review may be necessary.
    (ii) Are strictly nett, unless otherwise stated. No retentions or main contractors discounts can be deducted unless previously and specifically agreed.
    (iii) Only apply if all items listed are ordered and the work carried out as one continuous contract.
    (iv) Assume any spoil arising is to be left on site, unless otherwise agreed. Any existing sports equipment or surfacing removed as part of the works will also be left on site, unless otherwise agreed.
    (v) Includes all necessary labour, transport, equipment, expenses, subsistence etc, to complete the contract to the specification as detailed in our quotation, unless otherwise stated. Customers must ensure that all sports equipment or surfacing materials are allowed for.
    (vi) Assume normal working hours of 7.00am to 7.00pm (excluding weekends). The customer agrees to giving sportsequip.co.uk full access to and full possession of the site or sites at such time and in such state as will enable sportsequip.co.uk to complete the provision of the installation services within any agreed time limit. sportsequip.co.uk reserves the right to increase the Contract price in the event that work outside of these hours is required or delays are incurred as a result of access restrictions.

  4. All installation works are subject to suitable weather and laying conditions and sportsequip.co.uk reserve the right to postpone installation works without penalty if necessary.

  5. sportsequip.co.uk reserves the right to right to invoice in full at gross prices quoted in the event that any agreed contract is reduced in scope, or when re-measured upon completion is found to be significantly reduced in size.

  6. Where services are required in addition to those set out in the main contract but are required to complete the contract, the customer must place an additional order or variation order in writing with sportsequip.co.uk before such additional works can be carried out.

  7. Unless otherwise detailed, sportsequip.co.uk have not allowed for soft or hard landscaping, reinstatement, repairs or levelling to external areas beyond the perimeter of the equipment or surfacing being installed.

  8. Wherever available all welfare, toilet, washing and mess facilities should be made available for our site technicians.

  9. sportsequip.co.uk employs sub contractors. No contingencies have been allowed for, and the following represent our day work rates:
    Skilled tradesmen: £40.00 per hour
    Labourers : £25.00 per hour
    Materials: cost plus 25%
    Plant: cost plus 15%

  10. Unless formally agreed in writing as part of an established form of contract, e.g. JCT Minor Works, sportsequip.co.uk will not accept the imposition of liquidated damages under any circumstances. Should such an agreed contract be in force the damage applicable (such financial damage to be real) shall be no greater than 1% per week of the total value of the works placed with sportsequip.co.uk and limited to a maximum of £250 per week.

  11. Whilst sportsequip.co.uk will make every reasonable effort to complete the Contract by the Date of Delivery such date or dates shall only constitute an estimate and shall not be of the essence of the Contract. Failure to deliver and/or complete by the due date/ dates shall not constitute a breach of Contract. sportsequip.co.uk shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever.

  12. The customer warrants that:
    (i) Where the installation works are to be carried out either in or at the premises of any third party that it has full and proper authority for sportsequip.co.uk to enter the premises of that third party to install the goods and/or to perform the contracted services.
    (ii) sportsequip.co.uk’s installation works will not contravene any statutory provisions, for the avoidance of doubt including, but not limited to, relevant Highways legislation and will not infringe any third party rights.
    (iii) They have obtained all relevant licences and consents that may be required and that they have carried out a full inspection of the areas upon which sportsequip.co.uk is to carry out installation works.
    (iv) They have arranged for the preparation where appropriate of all necessary risk assessments, method statements and relevant drawings, including, but not limited to, underground service drawings.
    (v) They have taken all reasonable precautions to procure that all areas on which sportsequip.co.uk is to carry out installation works are safe and without risk to health and are free from latent defects and agrees to full indemnify sportsequip.co.uk against all and any claims which arise from any subsequent discovery of a latent defect on such area.
    (vi) They will enable sportsequip.co.uk to deliver materials and carry out installation works on the agreed date of delivery and time shall be of the essence in this regard.
    (vii) That where the customer provides any piece or pieces of equipment either for installation by sportsequip.co.uk or which is ancillary to and/or for use in connection with any equipment supplied or installed by sportsequip.co.uk, the use of such piece or pieces of equipment is fit for purpose and does not adversely affect the suitability or fitness for purpose of any goods supplied and installed by sportsequip.co.uk.

  13. Unless otherwise specified or agreed sportsequip.co.uk does not offer specific guarantees for installation works other than to endorse and affirm their responsibilities to all customers under current legislation.

  14. Customers are deemed to agree to carry out maintenance and inspection of all products installed in accordance with the manufactures recommendations.

  15. sportsequip.co.uk operate in conformity with all current health and safety legislation, including C.O.S.H.H., the Environmental Protection Act 1990 and the Duty of Care Regulations 1991, relating to waste management.

  16. sportsequip.co.uk operate in accordance with the UK Government ’s installation works are carried out under the UK Government Construction Industry Scheme - www.gov.uk/topic/business-tax/construction-industry-scheme.

  17. Domestic VAT Reverse Charge For Buildings And Construction Services rules and regulations may apply to installation works. sportsequip.co.uk will account for VAT as required under the scheme. Customers must advise sportsequip.co.uk as to their status as either an 'end user' or as an 'intermediary supplier' under the scheme.


Supplementary Terms & Conditions Relating to Installation of Socketed and Direct Fix Outdoor Sports Equipment

The terms and conditions below relate only to the supply and installation of outdoor socketed or direct fix sports equipment, i.e. sports posts, sports cages or sports fencing. They are additional to both sportsequip.co.uk’s standard and supplementary installation works standard trading terms and conditions detailed on www.sportsequip.co.uk.

  1. When installing into existing grass prices quoted assume spoil arising is to be left on site adjacent to each excavation, goal or post unless otherwise agreed.

  2. When installing into existing macadam the surface will be patched with cold pack macadam, lightly tamped and levelled to marry in with existing surface levels. Our prices do not allow for the replacement of any removed line markings, unless otherwise agreed. Customers must advise upon enquiry if the existing surface is concrete.


Supplementary Terms & Conditions Relating to Installation of Compliant™ Wet Pour

The terms and conditions below relate only to the supply and installation of Compliant™ Wet Pour surfaces. They are additional to both sportsequip.co.uk’s standard trading and supplementary installation works terms and conditions detailed on www.sportsequip.co.uk.

  1. sportsequip.co.uk assumes responsibility for surfacing when undertaking installed Compliant wet pour areas on site, from commencement of installation operations, through to the area being fit for proper usage.

  2. All prices quoted assume vehicular access to within 15 metres of the surfacing site itself, unless otherwise stated.

  3. Base preparation and edging details are to be in accordance with one of the standard systems detailed on our Compliant wet pour base preparation data sheets available on www.sportsequip.co.uk. If the base is laid by others, and accepted by the customer, sportsequip.co.uk cannot accept liability for the bases or for not achieving finished tolerances. Customers should also be aware that there is always a potential for shrinkage away from edgings and for joints/seams to fail and cause possible trip hazards, at some future time, where a continuous wet pour surfacing installation is interrupted.

  4. Rubber compounds are not guaranteed against staining. It is possible that carbon black release may occur from black ‘wearing courses’ as the granule used is graded as reclaimed black EPDM whose source cannot be affirmed. sportsequip.co.uk can not be held liable for any damage caused by black carbon release.

  5. When Compliant wet pour surfacing is to be installed onto an existing base beneath swings customers should ensure that the chain length of the swings is adjusted accordingly.

  6. sportsequip.co.uk can not guarantee compliance with any surfacing standards or guarantees when existing old surfaces are repaired, extended or overlaid.


Supplementary Terms & Conditions Relating to Installation of Compliant™ Grass Tiles

The terms and conditions below relate only to the supply and installation of Compliant™ Grass Tile surfaces. They are additional to both sportsequip.co.uk’s standard trading and supplementary installation works terms and conditions detailed on www.sportsequip.co.uk.

  1. Prices offered for the installation of Compliant Grass Tiles allow to lay the tiles around equipment only onto suitable existing level, well maintained grass. The tiles are held together with plastic ties and secured into the turf with plastic pins. Customers must advise sportsequip.co.uk at the time of enquiring if ground conditions are not existing well maintained, mown, level playing field grass.

  2. Rubber compounds used in the production of Compliant Grass Tiles are not guaranteed against staining. It is possible that carbon black release may occur from the rubber as the materials used are part reclaim whose source cannot be affirmed. sportsequip.co.uk can not be held liable for any damage caused by black carbon release.

  3. To achieve maximum benefit from Compliant Grass Tiles it is the customer’s responsibility to ensure that natural grass beneath must be well watered to establish ,and be encouraged to grow though the tiles once laid and be well maintained once established.

  4. When offered as part of a Fitness Trail installation the areas of Compliant Grass Tiles offered are for use as minimised ‘wear pads’ only. They are not within the scope or compliance of the European standards for play equipment or safer surfacing.


Supplementary Terms & Conditions Relating to Installation of Cricket Surfaces

The terms and conditions below relate only to the supply and installation of Cricket Surfacing. They are additional to both sportsequip.co.uk’s standard and supplementary installation works terms and conditions detailed on www.sportsequip.co.uk.

  1. Spoil and waste arising is to be left on site, unless otherwise agreed.

  2. Prices assume installation into a suitable level well drained established grass site with good vehicular access up to the synthetic surfacing area.

  3. For all works it will be necessary to traverse the outfield, surrounding area or garden with equipment, machinery and stone lorries. Our prices do not include any costs for reinstatement to outfield areas.

  4. Unless otherwise stated all cricket surfaces will be installed to follow existing contours and the existing lie of the land. It is the responsibility of the customer to state at the time of enquiry if any new surfaces should be installed to alternative true, flat or median surface levels requiring additional materials and construction works.

  5. For cricket surfaces to be adhered to either old or newly constructed concrete bases laid by others, it is the customers responsibility to ensure that bases are fully cured, level, dry, free from defect and suitable to accept the selected cricket surface using the selected adhesive when applied at manufacturers standard coverage rates.

  6. Prices quoted do not allow for any line or crease markings, unless otherwise agreed.


Supplementary Terms & Conditions Relating to Installation of Timber Fitness Trails & Outdoor Gym Equipment

The terms and conditions below relate only to the supply and installation of Timber Fitness Trails and Outdoor Gyms. They are additional to both sportsequip.co.uk’s standard and supplementary installation works terms and conditions detailed on www.sportsequip.co.uk.

  1. Prices offered are based upon a minimum supply and delivery of 6 units.

  2. All Fitness Trail equipment is manufactured to order assuming installation into well maintained grass, installed to existing surface levels. Customers must advise at time of enquiry if it is intended to use the equipment at any time in conjunction with loose impact absorbing surfacing, such as bark pits.

  3. Prices quoted assume spoil arising is to be left on site adjacent to each individual exercise station, unless otherwise agreed.

  4. Adult Gym Trail, Fitness Trail and Outdoor Gym equipment is designed to comply with BSEN16630 'Permanently installed outdoor fitness equipment. Safety requirements and test methods’.

  5. In line with BSEN16630 Adult Gym Trail, Fitness Trail and Outdoor Gym equipment is intended for use by people over 14 years of age and 1.4 metres tall.

  6. Timber Physical Training Trail equipment is so designated because it either falls outside the scope of BSEN16630 or because the surface beneath is difficult to maintain, resulting in users clothes get dirty in use. In addition some Physical Training Trail equipment poses identified safety risks and should only be installed on secure sites, used under instruction or supervision and secured with chains and padlocks when not in use.

  7. The whole Timber Fitness Trail range and Adult Outdoor Gym equipment is not deemed to be childrens’ play equipment and is not therefore within the scope of the European standards for play equipment or safer surfacing.


Supplementary Terms & Conditions Relating to Installation of Indoor Sports Equipment, Trackways & Netting

The terms and conditions below relate only to the supply and installation of Indoor Sports Equipment, Trackways and Netting. They are additional to both sportsequip.co.uk’s standard and supplementary installation works terms and conditions detailed on www.sportsequip.co.uk.

  1. The customer agrees to ensure all necessary preparation and suitability of the site including, but not being limited to, all work to buildings, foundations, supporting structures, fixing points and existing sports equipment are suitable for sportsequip.co.uk to complete the installation of the contracted works.

  2. The customer agrees if required to carry out the proper unloading, safe-keeping and insurance of the goods from the time of delivery.

  3. The customer agrees to the provision and free of charge use of, if available, site scaffolding (excluding mobile access towers), lifting and any other equipment (excluding tools) and any other matter not included in the quotation but may be reasonably be required to enable sportsequip.co.uk to provide the services.

  4. The customer agrees to giving sportsequip.co.uk full access to and full possession of the site at such time and in such state as may enable it to complete the provision of the installation services within any agreed time limit.

  5. sportsequip.co.uk will only undertake works on solid floors with no underfloor services. By ordering the customer thereby accepts and confirms that their floor is suitable for all works being undertaken by sportsequip.co.uk. The customer fully indemnifies sportsequip.co.uk against any and all consequences for underfloor damage howsoever caused.

  6. In the event that sportsequip.co.uk attend site and decide upon inspection or investigation that installation can not proceed the customer accepts that sportsequip.co.uk’s installation charges remain payable in full.

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