Terms & Conditions

1. Interpretation

1.1 In this Contract the following terms have the following meaning:

Contract means a contract between the Customer and the Company consisting of the terms of the Order and together with these terms and conditions (including the Schedule, where installation services are expressly agreed to be provided).

Company means Massey and Harris (Engineering) Limited of Unit 5, The Hollygate, Albert Street, Stockport, Greater Manchester, England, SK3 0BD.

Delivery Location has the meaning set out in clause 6.2

Force Majeure Event has the meaning set out in clause 14.

Goods means the goods or services sold or supplied by the Company to the customer under this Contract as more particularly described in the Quotation.

Order means the Customer’s formal acceptance of the Quotation, indicating agreement to purchase the Goods and/or services described therein at the specified price and under the material terms set out in the Quotation, which, upon acceptance by the Company in accordance with clause 2.2, forms part of the Contract between the Customer and the Company.

Quotation means the Company’s written statement setting out the Goods and/or services to be supplied, their price, and any other material terms relating to the supply and which may be accepted by the Company in accordance with clause 2.2.

2. Basis of Contract

2.1 The Contract governs the sale of Goods (and the installation services set out in the Schedule, where expressly agreed and set out in the Order) by the Company to the exclusion of all other representations, statements, understandings, negotiations, proposals or agreements.

2.2 Upon request, the Company will issue a Quotation and if the Customer is satisfied with the terms of the Quotation it shall accept the Quotation by either:

2.2.1 clicking the tick box therein, or

2.2.2 submitting its purchase order to the Company,

at which point (subject always to clause 2.4) the legally binding Contract shall come into effect.

2.3 Orders are accepted and estimates of lead time given conditionally on the understanding that the Customer requires delivery within 6 months of the date of the Contract. If the Customer does not accept delivery within such timescale, or requires that delivery is delayed then the Company may (due to costs associated with labour, raw materials, and other items changing) vary the price of the Goods in accordance with clauses 3.7 and 3.8.

2.4 Deposits of 50% are required on playground equipment orders and, notwithstanding clause 2.2, no Contract shall be deemed to be in effect unless and until such deposit has been received.

2.5 No employee of the Company or its agents has authority to make any warranty, statement or promise concerning the Goods which are contrary to or inconsistent with these terms and conditions unless agreed in writing signed by a Director of the Company.

3. Goods

3.1 The Goods are as described in the Order and the Company’s brochures, or where clause 3.4 applies the agreed design, output, or scheme documents.

3.2 All drawings, descriptive and forwarding specifications, particulars of weights and dimensions are approximate only and not binding given that variations which do not materially affect the quality of the Goods are a normal part of the manufacturing process. As such 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.

3.3 The Company is not responsible for any planning permission, or building regulation approval, which may be required in connection with the Contract.

3.4 Where the Company is asked to manufacture or supply Goods to the Customer’s own specification or to use the Customer’s preferred supplier and/or material where such supplier and/or materials are not suppliers and/or materials normally used by the Company (Bespoke Goods), the Bespoke Goods will be designed and manufactured in accordance with the guidelines set out in the applicable standards (including BS EN 1176) but the Company does not guarantee full compliance with such standards. Furthermore, the Company will not be held responsible for any non-compliance to the applicable standards for Bespoke Goods nor their suitability for the purposes for which they are used.

3.5 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 or Goods supplied in accordance with the Customer’s specifications or use of the Customers Preferred Supplies.

3.6 The Company reserves the right to vary any design if required by any law or regulatory requirement. Design changes will be made to enhance performance of the Goods and is not limited to material choice or colours.

3.7 If the Customer wishes to make changes to the Goods then the Company will consider such changes, but will be under no obligation to agree to them. Where the Company agrees to such changes, the Company shall charge the Customer for any additional costs arising as a result including (but not limited to) labour charges, costs of materials, and any other reasonable costs incurred. The Customer will be made aware of these charges prior to changes being made and confirmation of the agreed change(s) will be documented in writing and signed by the Company and the Customer.

3.8 The following events shall also be deemed to be variations to the Order entitling the Company to charge for additional costs in accordance with clause 3.7:

3.8.1 The Customer being unable to accept delivery of the Goods within 6 months of the date of the Contract;

3.8.2 The Customer failing to provide in a timely manner any documents, materials, or information which the Company advises the Customer is required to enable the Company to fulfil its obligations under the Contract;

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

3.8.4 Any changes to the ground conditions occurring after the date of the Order;

3.8.5 The discovery of any service such as gas, electricity, drainage, etc., where the Customer has not advised the Company of the presence of such service in writing before the date of the Quotation;

3.8.6 Any changes to the access points of the Delivery Location/installation site and any site deemed by the Company to be unfinished or unsuitable following building or other works upon arrival at site;

3.8.7 Any other unforeseen circumstances affecting the works.

4. Intellectual Property Rights

4.1 All intellectual property rights (including but not limited to 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.

5. Price and Payment

5.1 Payment terms will be detailed on the Company’s Order.

5.2 Orders placed on a Pro Forma basis must be paid in full within 7 days from the date of the Pro Forma Invoice.

5.3 Where credit is given, accounts shall be paid 30 days from date of invoice.

5.4 Prices are submitted on a variable basis and could change if the Company experiences any difficulties in the installation of the Goods that are due to matters outside of the Company’s control and which were not notified or agreed to at the time of the Order, including the items listed in clause 3.8. The Customer will be made aware of any changes that take place within the Contract in accordance with clauses 3.7 and 3.8.

5.5 The price of the Goods shall be the price set out in the Quotation, or if no price is quoted, the price set out in the Company’s published price list in force as at the delivery.

5.6 The prices quoted are subject to any increase under clause 3.8 and do not include installation costs unless explicitly detailed in the Order.

5.7 The Company reserves the right to invoice at the price ruling at date of dispatch if different from that set out in the Order due to a change under clause 3.7 or 3.8.  Unless otherwise stated in the Order and except where installation services are also to be supplied, all prices are either:

5.7.1        Carriage Paid To (CPT) the Customers premises set out in the Order in the case of all spare parts and certain other specified Goods (whether such Goods are CPT shall be confirmed in the Order, and if not so confirmed they shall be deemed EXW as below);

5.7.2 Ex Works (EXW) at the Companies Premises at Albert Street, Stockport, SK3 0BD in respect of Goods which are not spare parts, not expressly stated to be CPT, and which do not come under the provisions of clause 5.7.3;

5.7.3 Carriage and Insurance Paid To (CIP) or Delivered at Place Unloaded (DPU) to the Customer premises set out in the Order in the case of high value Goods but only where such high value Goods are expressly stated to be CIP or DPU in the Order.

5.8 All prices are exclusive of value added tax (VAT) or any other tax or duty which is or may be levied or charged in the United Kingdom or in the country of destination. Any such taxes, duties or charges shall be paid by the Customer.

5.9 Interim invoices will be submitted with each delivery or installation of Goods to the value of the Goods delivered or installed.

5.10 Pro-forma payment is non-negotiable and may be required solely at the discretion of the Company.

5.11 If any sums owing are not paid by their due date then interest shall accrue at a rate of 5% above the base lending rate of the Bank of England from the due date until the date of payment.

6. Delivery and Installation

6.1 The Company shall ensure that each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered.

6.2 Unless otherwise set out in the Order, the Customer shall collect the Goods from the Company's premises at Albert St, Stockport, SK3 0BD or such other location as may be advised by the Company in writing prior to delivery (Delivery Location).

6.3 Unless otherwise set out in the Order, delivery is completed on making the Goods available for collection at the Delivery Location.

6.4 If the Delivery Location is anywhere other than the Company’s premises, the Customer shall be responsible for giving the Company clear and accurate instructions as to the place of delivery and delivery shall be completed on unloading at such premises.

6.5 Any dates quoted for delivery and/or installation are approximate only, and the time of delivery and/or installation is not of the essence unless the Company agrees to special delivery options at the Customer’s request. The Company shall not be liable for any delay in delivery and/or installation of the Goods that is caused by a Force Majeure Event, the Customer's failure to provide the Company with adequate delivery instructions, the delivery/installation site being inaccessible, or any other instructions that are relevant to the supply of the Goods.

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

6.6.1 non-receipt of Goods is advised to the Company on the same date of the Company’s advice/delivery note; and

6.6.2 any breakage, damage or shortage is advised to the Company and carriers within 1 working day of receipt of Goods – provided that the carrier’s note is marked unexamined.

6.7 If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall not be liable for any failure to deliver the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

6.8 The Customer is expected to take delivery of the Goods no later than 1 week from the confirmed lead time, delivery or collection date. If the Customer goes beyond this time period without taking delivery or requests a delay to delivery then storage charges shall be charged after the advised lead time and the Company shall be entitled to invoice for the Goods on the original anticipated delivery or collection date.

7. Title and Risk

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

7.1.1 the Goods; and

7.1.2 any other goods and services that the Company has supplied to the Customer.

7.2 Until title to the Goods has passed to the Customer, the Customer shall:

7.2.1. hold the Goods on a fiduciary basis as the Company’s bailee;

7.2.2. take appropriate steps to notify third parties of the Company’s interest in the Goods;

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

7.2.4. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

7.2.5. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of supply;

7.2.6. notify the Company immediately if it becomes subject to any of the events listed in clause 7.4 below;

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

7.3 If, before title to the Goods passes to the Customer:

7.3.1 the Customer defaults on any payment in respect of the Goods; or

7.3.2 the Customer defaults on any payment in respect of any other goods and services that the Company has supplied to the Customer; or

7.3.3 the Customer becomes subject to any of the events listed in clause 7.4 below; or

7.3.4 the Company reasonably believes that any of the events listed in clause 7.4 below is about to happen and notifies the Customer accordingly then, provided that the 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 Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

7.4 For the purposes of clauses 7.2.6, 7.3.3, 7.3.4, and 13.1.2 the relevant events are:

7.4.1 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

7.4.2 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

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

7.4.4 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

7.4.5 (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

7.4.6 (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

7.4.7 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

7.4.8 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 7.4.1 to 7.4.7 (inclusive); or

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

7.4.10 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

7.4.11 (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.

8 Settlement Terms on Credit Facilities

8.1 Where credit facilities are agreed, accounts are due for payment 30 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 supply, 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 30 days from supply, then the Company may charge daily interest on such payments at a rate equal to 5% per annum above the Base Lending rate of Yorkshire Bank plc, such interest to run from day to day to accrue before, as well as after, any judgement.

8.2 The Company has the right to refuse a credit account for any Customer at its sole discretion.

9 Warranties, Indemnities, and Product Safety

9.1 The Customer should at all times maintain a responsible attitude towards the continued management of Goods and it is the Customer’s responsibility to ensure that the on-going use of the Goods and their inspection is 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 in accordance with clause 9.2, and Goods should be put out of commission and not used until faults have been inspected and rectified by the Company. The Company shall issue an Operations and Maintenance Manual which must be read, understood and put into operation to comply with BSEN1176 (or in the case of Bespoke Goods, to meet the guidelines set out in BSEN 1176). The Company accepts no liability for any claims, losses, or damage suffered by the Customer as a result of it failing to comply with this clause 9.1.

9.2 If, during the period of twelve months from the date of delivery (or installation if the Company is providing installation services), 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:

9.2.1 the Goods have been paid for in full,

9.2.2 the Customer makes no further use of such Goods after giving notice,

9.2.3 the Goods have been properly kept, used and maintained in strict accordance with the manufacturer’s or the Company’s instructions – or if none have been provided, usual good practice – and have not been altered, modified, or repaired by the Customer or any other third party,

9.2.4 the damage is not as a result of abnormal conditions, weather conditions, collapsed drains, ground movement,

9.2.5 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,

9.2.6 if the Goods have been manufactured to the Customer’s design, the fault is not due to faulty design by the Customer, and

9.2.7 the defect does not arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage of working conditions.

9.3 The Customer will be required to return faulty Goods to the Company for exchange or repair at the Customer’s own cost and the Company will not be liable for any labour installation charges involved with the removal and subsequent re-installation of any such parts save that the Company shall be liable for such costs where it is satisfied that there is a fault in the design, manufacture, or materials that is not due to Clause 3.4 and that clauses 9.2.1 to 9.2.7 have been complied with.

9.4 Goods for exchange or repair and in respect of which clause 9.2 does not apply will be returned to the Company at the Customer’s own cost. All returns or exchanges are subject to the written agreement of the Company and a mandatory restocking charge; the amount to be paid shall be determined by the Company and fully detailed in writing to the Customer.

9.5 The Customer agrees to monitor and maintain the Goods in line with inspection and maintenance advice within the Operations and Maintenance Manual. The Customer acknowledges that it has a responsibility to carry out or action routine, operational and annual inspections on the Goods to ensure to on-going safety of the Goods their fitness for purpose

9.6 The Customer undertakes to indemnify the Company in respect of any and all claims arising from the Goods being unsafe as a result of its or a third party’s activities, maintenance, or modifications to the Goods.

9.7 Any claim under this clause 9 must be supported with routine and/or operational inspection records provided within the Operations and Maintenance Manual.

9.8 Supervising personnel should be familiar with the Goods, the rules for use and of the ability of those using the Goods.

9.9 Any decision by the Customer to make any of the Goods available 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, the Company will not accept responsibility for injury, for usage not in keeping with the Goods intended purpose, or misuse of Goods, by anybody. The Customer should provide all that is required to limit the use of the Goods - necessary signage and restrictive fencing should be used to prevent the use of the Goods being used by persons for whom they is neither suitable or intended.

9.10 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 Goods.

10 Guarantees

10.1 Upon the completion of the works, the Company shall furnish to the Customer guarantee(s) for the completed works.

10.2 All Goods guarantees are subject to inspection and maintenance recommendations being followed and evidenced. All recommendations for the upkeep of the Goods are detailed within the Operations and Maintenance Manual issued under clause 9.1.

10.3 Any guarantee or warranty claim will require proof of maintenance and routine inspections being carried out. It is essential that all the Goods are inspected routinely as detailed in the Operations and Maintenance Manual

10.4 An annual inspection must take place on all Goods by a RPII accredited inspector to ensure the equipment remains safe and fit for purpose. Any guarantees and warranties will be invalid without proof of this annual ROSPA inspection.

10.5 The liability of the Company 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.

11 Limitations of Liability

11.1 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.

11.2 In any event, the Company’s liability arising for any reason in connection with this Contract shall be limited to the price received in respect of the affected Goods.

11.3 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.

11.4 The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence or any liability which would be unlawful to exclude.

11.5 Each provision of this Contract 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.

12 Cancellation

12.1 The Company reserves the right to levy a cancellation charge reflecting the loss to the Company in respect of such cancellation, and this charge may be up to 100% of the order value of the Goods in the event of the Contract being cancelled by the Customer.

13 Termination

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

13.1.1 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

13.1.2 the Customer suffers any of the events listed in clause 7.4

14 Force Majeure

14.1 If either party is prevented, hindered, or delayed in the performance of any of its obligations under this Contract by a Force Majeure Event, the affected party shall not be deemed in breach of this Contract nor otherwise liable for any such failure or delay in the performance of such obligations during the period while the Force Majeure Event persists, provided that it has notified the other party in writing as soon as reasonably practicable of the nature and expected duration of the Force Majeure Event.

14.2 For the purposes of this clause, a Force Majeure Event includes, but is not limited to: acts of God, inclement weather, flood, lightning, fire, earthquake, epidemic or pandemic, war, armed conflict or acts of terrorism, riot or civil commotion, industrial action or lockout (whether involving employees of either party or a third party), governmental or regulatory action, compliance with any law or governmental order, breakdown of plant or machinery, power failure, or interruption or failure of supplies of utilities or transport, or any other cause beyond the reasonable control of the party affected.

14.3 The suspension of obligations under this clause shall continue only for so long as the Force Majeure Event continues and for a period not exceeding sixty (60) days in total. If the Force Majeure Event prevents, hinders, or delays the performance of any party’s material obligations under this Contract for a continuous period of sixty (60) days, the party not affected by the Force Majeure Event may terminate this Contract by giving written notice to the affected party, without incurring liability.

14.4 Nothing in this clause shall excuse or delay the performance of any payment obligations under this Contract, unless performance is directly prevented by the Force Majeure Event.

15 Applicable Law

15.1 The law of England shall be the proper law of Contract and the parties agree that the Courts of England shall have exclusive jurisdiction in respect of any claims under the contract.

The above terms and conditions were last updated on the 1st January 2026.

Schedule – Installation Services

1. Installation Services

1.1 This Schedule shall apply to any installation services set out in the Order and which the Company is to provide.

1.2 The Company will install the Goods at the location expressly agreed and set out in the Order.

1.3 Installation services will be carried out in accordance with the specifications and standards set out in the Order.

2. Customer Obligations

2.1 The Customer shall ensure that the installation site is accessible, clear, prepared in accordance with any pre-installation requirements set out in the Order and/or notified by the Company, and in the same condition as it was during any pre-installation site survey referred to in paragraph 3.1.

2.2 The Customer shall provide the Company with all necessary information regarding underground services and site-specific hazards prior to installation.

2.3 If an underground survey is required (including, but not limited to, due to reasons of insufficient site information being provided by the Customer or the Company considering that the information provided reveals a risk of underground services being impacted by the installation services) then the Company may instruct a third party to carry out such survey the costs of which will be notified to, agreed with, and borne by the Customer.

2.4 The Customer shall obtain and maintain any permissions, consents, or approvals required for the Company to provide the installation services (including, but not limited to, planning permissions or building regulations).

3. Site Conditions and Delays

3.1 The Company may, at its discretion, conduct a pre-installation site survey. Any findings or recommendations will be communicated to the Customer in writing. Such findings or recommendations are provided for the Customer’s information only and do not, nor does the absence of any adverse finding in the survey, constitute any warranty or guarantee, whether express or implied, as to the condition of the site or suitability for installation. The Customer is responsible for addressing any issues identified prior to the scheduled installation date.

3.2 Every care and attempt will be made to locate underground services and pipes prior to work commencing. Unless clear and accurate drawings and plans of any services – including but not limited to electric, gas, drains, water and telephone – are provided ahead of any installation the Company 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 or notified to the Company ahead of installation.

3.3 If, during installation, the Company encounters unforeseen site conditions (including but not limited to adverse ground conditions, contamination, buried services, or obstructions not previously notified), the Company will promptly notify the Customer and;

3.3.1 the Company may suspend installation until the issue is resolved, and

3.3.2 any additional costs, delays, or remedial works required as a result of such conditions will be chargeable to the Customer at the Company’s standard rates.

3.4 The Customer shall ensure, and shall procure that any other contractors on site ensure, that the Company has uninterrupted access to the site during normal working hours (unless otherwise agreed in writing and with any restrictions on access, working hours, or site rules being notified in advance). Delays or costs arising from restricted access or non-compliance with site rules will be the responsibility of the Customer.

3.5 Where installation is delayed due to the Customer’s actions or omissions (including failure to provide information, site readiness, or required approvals), the Company reserves the right to:

3.5.1 charge for wasted visits, stand-down time, or rescheduling, and/or

3.5.2 adjust the installation timetable and pricing accordingly.

4. Installation Standards and Completion

4.1 Installation will be carried out with reasonable skill and care, in accordance with British Standards EN1176 for playground equipment and EN1177 for playground safety surfacing.

4.2 The Customer (or their representative) shall inspect the installation within 5 working days of completion and notify the Company of any defects or incomplete work.

5. Acceptance and Handover

5.1 Upon completion of installation, the Company will issue a Notice of Completion to the Customer, confirming that the Goods have been installed in accordance with the Order.

5.2 The Customer (or their representative) shall inspect the installation within 5 working days of the Notice of Completion. Any defects, incomplete works, or “snagging” items must be notified to the Company in writing within this period, with reasonable detail and the Company will address any valid snagging items within a reasonable timeframe, subject to the Customer continuing to provide unrestricted site access.

5.3 If the Customer does not notify the Company of any issues within 5 working days, the installation shall be deemed accepted and complete.

5.4 For the avoidance of any doubt, the Customer may, at its discretion and cost, obtain an independent post installation inspection for its own insurance or regulatory purposes. Such inspection shall not affect the Notice of Completion, the acceptance period in clause 5.2, or the timing of handover, unless otherwise expressly agreed in writing.

5.5 On acceptance, the Company will provide the Customer with:

5.5.1 an Operations and Maintenance Manual,

5.5.2 any relevant certificates, and

5.5.3 details of any recommended post-installation inspections or maintenance.

5.6 From the point of acceptance, the Customer is responsible for the ongoing care, supervision, and maintenance of the installed Goods, in accordance with the Operations and Maintenance Manual and clause 9.5.

6. Exclusions and Limitations

6.1 Unless expressly stated in the Order, the installation services do not include:

6.1.1 removal or disposal of existing equipment or waste,

6.1.2 landscaping, ground remediation, or making good beyond the immediate installation area, or

6.1.3 provision of utilities (e.g., water, electricity) required for installation, unless agreed in advance.

6.2 The Company will take reasonable care to avoid damage to underground services, based on information provided by the Customer and

6.2.1 the Company is not liable for any damage to services not accurately identified or notified in advance,

6.2.2 the Customer is responsible for any costs or delays arising from such damage.

7. Additional Services

7.1 Any additional services (including, but not limited to, removal of old equipment, landscaping, post-installation inspections) must be agreed in writing and may be subject to additional charges.

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