Playground Markings — Terms and Conditions
Playground Markings is a trading style of Uniplay It's Educational Ltd, registered office 3-5 Centurion Court, Blackburn, BB1 2NB (referred to in these Terms as "Playground Markings", "we", "us" or "our"). These Terms apply to all orders for the supply and installation of playground markings and related services.
1. The Parties
These Terms form the agreement (the "Agreement") between Playground Markings and the client (the "Client") who places an order for our services.
2. Definitions
In this Agreement:
"Agreement" means these Terms, including any schedules, together with any amendments agreed from time to time.
"Client" means the person or organisation placing an order with Playground Markings.
"Fees" means the amounts charged by Playground Markings to the Client for its services.
"Services" means the services provided, or to be provided, by Playground Markings as described in the quotation.
References to the singular include the plural and vice versa, and references to any gender include all genders.
3. Our Services, Duties and Guarantee
3.1 Playground Markings supplies and installs pre-formed thermoplastic playground markings, sports coatings and playground marking paints. All products are installed with care and to the manufacturer's specification.
3.2 Warranty
Pre-formed thermoplastic and MMA (methacrylate) markings — up to 4 years.
Sports coatings — no warranty is provided, due to the varying quality and condition of surfaces.
Anti-slip playground paint — 1 year.
The warranty runs from the date of installation and applies only where we install onto a clean macadam surface that is at least 4 weeks old. Specialist surfaces such as porous asphalt, resin-bound stone and paving slabs are not covered.
3.3 Where possible, Playground Markings will check that the Client's site is suitable and safe before installation, which may include a heat test on some surfaces. On both heat tests and installation, some discolouration of the surface surrounding the markings may occasionally occur. This is normal and varies from surface to surface, and Playground Markings is not responsible for it.
3.4 The warranty covers markings installed on sound, clean substrates only. Any apparent issues will be discussed with the Client before installation. Some issues (for example drainage problems) may not be apparent initially; in the unlikely event of a warranty claim, we will first visit to assess the cause of any problem.
3.5 The maximum liability of Playground Markings is the cost paid for the marking in question. Playground Markings is not responsible for removing any damaged markings or returning the area to its original condition.
3.6 Where Playground Markings is instructed to carry out removals, this may on occasion leave some scarring to the surface, for which Playground Markings is not liable. The level of scarring depends on the surface condition.
3.6.1 UHP (ultra-high-pressure) water is the recommended removal method.
3.7 Playground Markings carries out a standard DBS check for each of its installers. Reference numbers are available on request.
3.8 Where requested, Playground Markings will provide a proposed, scaled layout plan before installation to give an approximate visual of the finished playground. Game colours may vary, so please tell us if you have a preference or want the layout exactly as illustrated. Markings come in 18 standard colours, with bespoke RAL colours available on request. For bespoke designs, unless a specific RAL colour is stated on the quotation, we will use the closest standard colour available. Games may need to be moved slightly to fit the area around drains or other obstacles.
3.9 Special offers cannot be used in conjunction with any other discount or offer running at the same time, and apply only to term-time installations.
3.10 Wallboards
Wallboards are supplied on a supply-only basis. Colours may vary. Payment is required in advance as each item is made to order, and items are non-refundable.
4. Obligations of the Client
4.1 In return for the supply and installation of markings, the Client agrees to pay the Fees to Playground Markings.
4.2 The Client agrees to make full payment, including VAT, on completion of the works, by cheque or bank transfer. Bank transfers must be paid to the account stated on our invoice.
4.2.1 On school projects over £10,000 we require a 50% deposit, with the balance due on completion. On commercial projects, a proforma payment is required.
4.3 The Client must ensure someone is on site on the day of installation, to allow access and to answer any questions the installers may have.
4.4 The Client must keep the playground clear during installation and give the installers unlimited access to the area.
4.5 Playground Markings reserves the right to charge a £750 fee where it is unable to complete the job on the agreed day, including (but not limited to) where:
the substrate is not ready (markings cannot be laid on a surface that has been down for less than 4 weeks);
immovable items are blocking access to, or the area for, the markings;
the surface is not clean (free from mud, dirt, moss, stones, excessive leaves, etc.);
the Client postpones with less than 2 working days' notice; or
the install team is not given clear, uninterrupted access to the playground between 8am and 6pm.
In these circumstances the Client must book an alternative installation date.
4.6 The Client must ensure the playground is clean and free from mud, dirt, stones, moss, etc. Where the playground is excessively dirty and requires cleaning before installation, we reserve the right to charge for the extra time at £900 per day, communicated to the Client beforehand. If unsure whether the tarmac is suitable, please send photos to your playground designer before installation so we can advise.
4.7 The Client is advised not to grit or salt the playground for at least 48 hours before installation, as this will void the warranty.
4.8 It is the Client's responsibility to request any required documentation (such as DBS, risk assessments and method statements) at least 3 working days before the install team arrives.
4.9 All waste will be removed from site by Playground Markings. If a skip is required, this will be communicated to the Client and arranged by Playground Markings.
5. Term of Agreement
5.1 This Agreement commences on the date the Client gives verbal or written confirmation that they wish to proceed with an order.
6. Insurance
6.1 Playground Markings has Public Liability Insurance subject to a claim limit of £5,000,000 for the works it undertakes.
6.2 Liability is limited by the provisions of section 7.
7. Limitation of Liability
7.1 Playground Markings shall not be liable in any circumstances where the insurance cover does not allow or make payment of a 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, are excluded to the fullest extent permissible in law.
8. Cancellation and Notice of Rights to Cancel
8.1 The Client may cancel this Agreement by giving at least 14 days' notice before the agreed installation date. Where less than 14 days' notice is given, the Client remains liable to pay 30% of the total cost for standard games/markings and 75% of the cost for custom-made games/markings. Payment is due within 5 working days of notification.
8.2 The Client may cancel an Agreement for marking removals by giving at least 14 days' notice before the agreed date. Where less than 14 days' notice is given, the Client remains liable for 30% of the total removal cost; where less than 5 days' notice is given, the Client remains liable for 50% of the total removal cost. Payment is due within 5 working days of notification.
8.3 Should the Client cancel after proceeding with an order, they will be liable for the full cost of any bespoke markings or non-stock items (for example surface covering or bespoke graphics) that Playground Markings has had to order. This supersedes clause 8.1 for those items. A downtime charge of £1,000 will also apply.
9. General
9.1 The Client agrees that, having regard to all the circumstances, the restrictions in this Agreement are reasonable and necessary to protect the legitimate business interests of Playground Markings and do not bear harshly on the Client. The parties further agree that:
9.1.1 each restriction is read and construed independently, so that if one or more is found void or unenforceable, the remaining restrictions are unaffected; and
9.1.2 if any restriction is found void but would be valid if part of it were deleted or amended, it shall apply with such deletion or amendment as necessary to make it valid and enforceable.
9.2 If Playground Markings at any time does not insist on strict performance of the Client's obligations, or does not exercise any right or remedy to which it is entitled, this does not waive those rights or remedies or relieve the Client of its obligations.
9.3 Playground Markings shall not be liable where it is prevented from or delayed in performing its obligations by circumstances beyond its reasonable control, including (but not limited to) fire, rain, flooding, storm, act of God, war or terrorism.
10. Dispute Resolution
10.1 The parties are committed to resolving all disputes arising under this Agreement, whether during its term or after termination, without litigation, and will attempt in good faith to resolve any dispute or claim through negotiation between people with authority to settle it.
10.1.1 This Agreement is governed by and construed in accordance with the laws of England and Wales, and both parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction over any claim arising out of or relating to this Agreement.
11. Delivery and Returns
11.1 Due to the nature of the product, installation will be booked on a suitable date. Playground markings cannot be returned after installation. If there are any issues with the markings, the Client should email [email protected].