Terms and Conditions
Supply Only Playground Markings Ltd Standard Terms and Conditions
These Terms & Conditions contain the terms which form the Agreement between Us and You (“The Contract”). Please read and ensure you understand and are happy with them, because you will be legally bound by them.
1.0 This Agreement is made between:
1.1 Supply Only Playground Markings Ltd, (“SOPM”, “Us”, “Our”, “The Seller”), a Company registered in England & Wales and whose Registered Address is located at H6 Daedalus Business Park, Daedalus Drive, Lee on the Solent, PO13 9FX;
1.2 The Client (“Client”, “Customer”, “Buyer, “You”)
2.0 Definitions and Interpretation
In this Agreement the following definitions shall apply.
2.1 “Agreement” means this Agreement (including any Schedules) and any amendments to it, as agreed, from time to time in writing;
2.2 “Client” means the person or organisation that is a client, buyer or customer of Supply Only Playground Markings Ltd., and our products and or services;
2.3 “Fees” means the monies applied by Us to the Customer for the provision of its products and services and any agreed ancillary costs
“Services” means the services provided or to be provided by one party to the other as described;
2.4 All references to the singular within these Ts&Cs shall also be construed as equally applicable to the plural; all references to the male subject shall be construed to equally apply to the female subject.
3.0 Services, Duties and Guarantee of Supply Only Playground Markings
3.1 The Product descriptions and pricing featured on our website or featured in any literature, are approximate indications only and shall not be taken as an absolute quote figure and shall not form any part of the contract between You and Us.
3.2 We may correct any errors in its website without liability to you for any previous information or subsequent changes.
3.3 The advertising of products and services on our website merely constitutes an invitation to you to make an offer to purchase our products. It is only at the point which we accept and confirm your order as being your offer in response to our written quote, that a contract is formed between us. In the case of an obvious error in relation to price, You will be entitled to purchase the goods by paying the difference between the quoted mistaken price and the correct price, as confirmed in writing by us once the error has been discovered.
3.4 If you are an individual Consumer, under the Consumer Contract Regulations, you are entitled to cancel any contract within 14 days (up to 11:59.59 on the 14th day) after you have signed. This can be done by written or telephone notice. Our products and services are of a bespoke nature and we supply only to commercial enterprises, organisations and businesses, Our contract is therefore exempt from the provisions and you will have no automatic right of cancellation under the regulations. Your statutory rights are not affected by this.
3.5 The signature or placing of an order by an individual on behalf of an organisation (whether incorporated or not) shall stand as a commitment to bind that entity into the contract with us.
3.6 We reserve the right to change our Terms and Conditions at any time, so long as those changes do not materially disadvantage any existing order you have already placed with us. We also reserve the right to refuse any order at our absolute discretion.
3.7 Our Products are pre-formed thermoplastic playground markings, sports coatings, road markings, car park markings, and other playground marking paints and equipment. We use industry standards to ensure that all products are manufactured with care and to the specification given by the Client and which form part of the contract of supply between us.
4.0 Warranty & Quality of Goods
4.1 As the products are subject to (a) the surface being placed upon (b) localised weather conditions (c) frequency of use or wear upon the markings or equipment), we give the usual warranty of goods being fit for purpose according to the usual industry standards for such products. We will offer our support and guidance in the event of any defective material. We will replace the goods only in the event of our obvious error or in the case of damaged or defective goods. We are not responsible for any subsequent losses or labour costs incurred by you.
4.2 On installation of the markings occasionally some discolouration of the surface surrounding the markings may occur. This is perfectly normal and does vary from surface to surface. We are not responsible for any discolouration to the surface. The colours of certain products may differ slightly from their appearance you have seen on our website or any device you are using due to screen quality of the device in question.
4.3 The maximum liability by us to you is the cost paid for the marking in question. We are not responsible for the removal of any damaged markings or putting the area back to its original condition or any costs of installation.
4.4 Our markings come in 18 standard colours. However, some colours may vary to that of the illustrations. In some cases there may need to be a substitution of a colour that may be shown in our illustrations. Any specific or desired colours you require must be requested and specified upfront, and specifically agreed in your quote. Bespoke RAL colours are available on request. For bespoke designs unless a specific RAL colour is stated on your quotation, we will use the closest standard colour available.
5.0 Obligations of The Client
5.1 In return for the provision of the supply of markings for the Client, you agree to make payment of the relevant and applicable Fees to us as detailed in your confirmation quotation. Please note that any quote given is only valid at the time of the quotation and we reserve the right to increase our prices without notice. In the event of a price rise between your order and delivery, you will only be charged the amount agreed in your written confirmation.
5.2 You agree to make full payment including VAT in advance and at the time of your order. Our products will not be manufactured or shipped/ delivered until such full payment has been made.
5.2.1 Payment can be made online by credit or debit card via our card payment processor or by bank transfer. Any cash payment is available for collection only. If paying by bank transfer the payment must be paid to our nominated bank account. On receipt of an invoice, please call us to confirm our bank details before making your payment. We cannot be held accountable for any invoices which are paid in error to the wrong account.
5.2.2 In certain circumstances in our absolute discretion, we may agree to payment terms of 30 days. This will be agreed in advance of your order being despatched. If any credit term is applied, the goods remain Our property until paid for.
5.3 The Client shall ensure that someone will be at the delivery address on the day the markings, paint or equipment are due to be delivered at the specified address to accept the delivery. If no one is available and there is subsequently an additional charge from the couriers for any non-delivery, this fee will be payable by you.
5.4 We will not be liable for any installation where the markings have not been installed correctly. This can include but is not limited to:
5.4.1 any area that has been salted or gritted or treated with any chemical substance prior to the markings being installed.
5.4.2 The markings being installed on dirty or wet surfaces.
5.4.3 The Client not using the manufacturers recommended primer.
5.4.4 The Client not installing the thermoplastic to the manufacturer’s specifications and instructions.
6.0 Term of Agreement
6.1 This Agreement shall commence on the date that the Client places the order via an order online or firm verbal confirmation by telephone.
6.2 The contract shall be considered complete upon our producing and shipping the goods to you.
7.1 We hold Public Liability Insurance, subject to a claim limit of £5,000,000 for any works it undertakes, to be covered by this Policy.
7.2 Our liability shall also be strictly limited by the provisions set out in section 8.0 below.
8.0 Limitation of Supply Only Playground Markings Ltd’s Liabilities
8.1 Supply Only Playground Markings shall not be liable under any circumstances where the insurance cover does not allow or make payment of any claim for any reason whatsoever.
8.2 Except as set out in this Agreement, any warranties, conditions or representations whether implied by statute or otherwise, shall be excluded to the fullest extent permissible in law.
8.2.1 Supply Only Playground Markings cannot be held responsible for any delays in delivery of your markings and recommend not booking an installation until the markings have been received and checked;
8.2.2 Any damaged, missing or broken markings must be reported within 7 days of receipt. We are unable to accept any claims after this time. In the event that a portion of your order is damaged or missing, this shall not entitle you to cancel or reject the entire order. You may receive a replacement of that missing article/ portion at no additional cost or be credited for the cost of the specific damaged or missing article.
8.2.3 Please note, that at the point of shipping or passing to our nominated courier, the title to the goods becomes yours. Any delays, loss or damage caused by the action/s of the courier must be claimed against the courier.
8.2.4 In certain circumstances but at our discretion, we may replace any damaged parts of your order by standard delivery. Photographic evidence will be required by our quality control department prior to any replacement being made. Such replacement will be sent by standard delivery unless you wish to pay the additional costs for upgraded delivery.
9.0 Termination of Agreement and Replacements/ Refunds policy
9.1 In the event that you change your mind upon receipt of our products, Returns are possible for any standard pre-made in-stock markings.
9.2 Return of such stock items will be subject to a 20% restocking fee. Items will need to be returned in their original condition with all pieces intact. We will not refund the original delivery cost or the return cost.
9.3 In the event that you make an error in your order, we will allow changes to be made as long as they are notified as soon as possible and before the production of your order has commenced, as due to the bespoke nature of our goods, we cannot amend if we have already begun the process of manufacturing your order to the specification you gave.
9.4 You should therefore ensure that all details and specifications are correct at the time of ordering. In the event a mistake or error is made by you, are within our rights to refuse any amendments or exchanges/ refunds.
10.0 Covenants & Consent to Terms
10.1 The Client hereby agrees that having regard to all the circumstances, the restrictions contained in this Agreement are reasonable and necessary for the protection of the legitimate business interests of our company and do not bear harshly upon, nor are unfair upon the Client and that the parties further hereby agree that:
10.1.1 each clause shall be read and construed independently of the other clauses so that if one or more are found to be void or unenforceable as an unreasonable restraint of trade or for any other reason by a competent court, then the remaining clauses shall not be affected; and,
10.1.2 if any restriction is found to be void but would be valid and enforceable if some part of it were deleted or amended, that restriction shall apply with such deletion or amendment as may be necessary to make it valid and enforceable; and,
10.2 If at any time, Supply Only Playground Markings Ltd fails to insist upon strict performance of any of the obligations upon the Client under this Agreement and its provisions, or does not exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute any waiver of such rights and remedies and shall not relieve the Client from its actual obligations.
10.3 We shall not be liable under this Agreement if it is prevented from, or delayed in, its performance of any obligations under this Agreement beyond its reasonable control (force majeure) due but not limited to, circumstances including fire, rain, flooding, storm, strikes, industrial action, stoppages, disruption of the distribution or transportation network, war, threat of invasion, civil unrest, Acts of God, terrorism, epidemic or pandemic, Government lockdowns, restrictions or other incidents beyond control of the Parties.
10.4 Should a situation of force majeure be declared and is likely to last for more than one month, then the Parties shall enter into earnest discussing to find a solution and mitigate their inconvenience or non-performance in a mutually beneficial manner. Should this fail and no solution or arrangement can be agreed, then either of the Parties may declare the contract for services void in respect of frustration of contract, with no further liability between them.
11.0 Dispute Resolution
11.1 The parties are committed to resolving all disputes arising under this Agreement, whether such dispute arises during its term or after termination without the need for litigation, and to allow so far as is possible for commercial relationships to remain unaffected by disputes. The parties will attempt in good faith to resolve any dispute or claim, through negotiations between the parties who have authority to settle the same.
11.1.1 In the event that such negations fail, then the matter shall be referred to the then president of the Institute of Arbitrators in London, who shall appoint an independent Arbitrator to decide upon the matter.
11.1.2 The decision of such Arbitrator shall be final and binding upon the Parties. The Parties shall each bear equally the cost of such arbitration process.
12.0 Jurisdiction & Law
12.1 The Parties hereby agree that they have taken or had the opportunity to take independent advice prior to entering into this Agreement.
12.2 This Agreement shall be construed in accordance with and governed by the laws of England and Wales.
12.3 Notwithstanding the provisions in clause 11, both parties hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to this Contract.