TERMS AND CONDITIONS OF TRADING FOR THE HOUSE OF PLAY (EUROPE) LIMITED

(The Company)

Quoted Prices are valid for 90 days from the date on the quotation

By accepting this quotation, you hereby agree to the following terms: E&OE AT ALL TIMES

Images are for illustration purposes only

The client is responsible for all waste materials generated as part of the visit. Should you require the House of Play to remove these please request a price for this. Any waste will be left in a place of your choosing, in an organised and tidy state.

House of Play (Europe) Ltd use the Long Wheel Base, High Roof Vans. If your site is unable to provide parking on site we will endeavour to park nearby. However, should we obtain a parking fine due to no parking being available then the cost of the fine will be charged to your company by way of invoice and a copy of the fine for your records. If you know of a valid parking area to assist us please advise beforehand as there is no appeals for this condition.

The Product – The product is defined as follows – Any item supplied by the company associated with the Product generally or otherwise as identified by the isometric design, plan views and elevations and proposal document or otherwise.

  1. The following are the only Terms and Conditions on which the Company trades, and all offers, quotations, orders, acknowledgement of orders and every Contract between the Company and the Client shall be subject hereto.
  2. The Client shall purchase and the Company shall sell the product in accordance with any order of the Client which is accepted by the Company subject always to these Terms and Conditions which shall prevail over any and all inconsistent Terms and Conditions in any order of the Client or in correspondence or elsewhere.
  3. The price payable for the product shall be either the price agreed with the Client and noted on the acknowledgement of order or (if no such price is agreed) the price as stipulated in the proposal document of the Company current at the date of delivery of the product.
  4. All prices are exclusive of VAT and if chargeable this will be charged at the appropriate rate prevailing at the date of delivery of the product or the date of the invoice, whichever is appropriate.
  5. The payment terms are specified in the Executive Summary of the proposal document. Without prejudice to any other right or action available to the Company, interest shall be payable on all overdue accounts at the rate of 4 %per month above the base rate of National Westminster Bank PLC from time to time to run from the due date for payment until receipt by the Company of the full amount whether or not after judgement. Any variations in payment terms must be accepted in writing by
  6. The Company and in the absence of a specifically agreed payment schedule, payment of the Contract price by the Client shall be due as follows: 50% deposit with order, 40% on commencement of site work with the balance of funds payable on practical completion. All deposit monies are non-returnable.
    1. As the title of good remains that of the company until the full outstanding balance has been received by the company, the equipment is not to be used for personal or business use or for financial gain by the purchaser.
  7. Practical completion is defined as being that point in time at which the Product is being used or is available for use.
    1. Snagging works identified at practical completion will be executed within 14 days of practical completion, given appropriate access, and shall be deemed to have no relevance to the definition of practical completion.
  8. No Contract between the Company and the Client may be cancelled or materially altered without prior consent in writing of the Company which consent may be withheld at the absolute discretion of the Company.
  9. The risk in Product shall pass to the Client (and they shall be responsible in full and if deemed appropriate have the necessary insurance cover) as follows:
    1. Where the Company delivers Product or causes Product to be delivered to the Client’s order then as from their arrival at the point where they are to be unloaded: or
    2. Where the Client collects product or causes product to be collected then as from the point where they are collected the loading onto vehicles shall be the responsibility of and risk of the Client.
  10. The Client shall be responsible for the safe keeping of The Company’s possessions and tools whilst on site and shall indemnify the Company for any loss or damage that may arise.
  11. Title to the product shall not pass to the Client until all amounts for the time being and owing from the Client are received in full by the Company (whether for the product or under any other Contract made between the Company and the Client) and until such time both the legal and beneficial ownership in product shall remain with the Company.
  12. For so long as the Client remains in possession of any product whilst title thereto remains with the Company
    1. the Client shall be the fiduciary agent and bailee of such product for the Company; and
    2. the Client shall store such product separately from any other product so that they are identifiable as the property of the Company: and
    3. the Client hereby grants to the Company an irrevocable right and licence to enter upon any part of its premises to repossess such goods and thereafter instigate legal proceedings to gain compensation for any costs associated with the installation or repossession.
  13. If the Client shall re-sell any product whilst title thereto remains with the Company:
    1. the Client shall hold the proceeds of sale thereof (or any debt due to the Client representing the same) upon trust for the Company; and
    2. the Client shall not permit such proceeds of sale to be mingled with its own monies but shall pay the same into a separate trust account designated with the name of the Company; and any such debt due to the Client which is subject to such trust shall upon demand be assigned by the Client to the Company together with all such other rights (if any) as the Client may have against its debtor for recovery of the same.
    3. Whilst title in product shall remain vested in the Company the Client shall not either pledge or in any other way charge by way of security for any indebtedness any of the product.
    4. Any delivery date or dates given by the Company for delivery are approximate only and are not of any Contractual effect.
  14. Any delay in delivery on the part of the Company (for whatever cause) shall not entitle the Client to rescind the Contract or to claim recompense from The Company.
  15. The quantity, quality and description of the product shall be agreed between the Client and the Company in the order or having reference to a proposal document.
  16. In the event of the Company incurring any liability whatsoever in respect of any Contract made subject to these Terms and Conditions then the Company’s liability shall not in any circumstances exceed the price of the product agreed with the Client.
  17. These Terms and Conditions are considered reasonable by the parties but in the event that any limitation or provision contained herein be held by a Court of competent jurisdiction to be invalid by reference to the Unfair Contract Terms Act 1977 it shall to that extent be deemed omitted and the other Terms and Conditions shall continue to apply with full force and effect.
  18. 18. Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended to the relevant time.
  19. The failure by the Company to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement thereof at any time or time thereafter.
  20. The Client shall not assign or transfer the benefit of any Contract which is made subject to these Terms and Conditions without prior consent in writing of an authorised representative of the Company.
  21. Any Contract which is made subject to these Terms and Conditions shall be subject to and construed in accordance with English Law. All parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.
  22. The Client shall ensure that the appropriate approvals are gained from the relevant authorities including Fire Officer and Building Control. Should the Client require The Company to undertake negotiations on the Client’s behalf with the relevant authorities, they should notify The Company in writing and in good time.
  23. The Client shall ensure that the use to which the product is to be put does not contravene any local or national laws, bye laws, regulations or planning consents for the time being in force and will indemnify the Company against any such contravention.
  24. The Client shall ensure that the system and or equipment is adequately maintained, supervised, cleaned, with records of the daily and monthly inspections and accident book duly completed If the Product is deemed to have developed any dangerous faults, it should be closed immediately and The Company’s technicians called.
  25. The Client shall ensure that the restrictions in age and height and the ‘rules of play’ associated with the Product are enforced at all times.
  26. Any work instructed to be undertaken by the Client or by persons other than the Company’s technicians may invalidate warranty.
    1. Should the agreed payment profile not be adhered to by the purchaser then the following arrangement for warranty becomes the warranty period and supersedes the warranty period detailed within section 27.
      1. All sewn products will have a 30-day warranty period from the date of practical completion or installation
      2. All electrical and/ or mechanical will have a warranty period of 3 months from practical completion or installation
      3. All steel works will have 1 year for manufacturing defects and 30 days warranty from workmanship from the point of practical completion or installation date
  27. Subject to the conditions set out below the Company warrants that the Product will correspond with its specification at the time of delivery and will, in respect of the steel components, be free from defects in material and workmanship for a period of 5 years from the date of its initial use or 5 years from delivery, whichever is the first to expire and will, in respect of the soft play components, be free from defects in material and workmanship for a period of 1 year from the date of its initial use or 1 year from delivery whichever is the first to expire.
  28. The above warranty is given by the Company subject to the following conditions:
    1. The Company shall be under no liability in respect of any defect in the Product arising from any drawing, design or specification supplied by the Client;
    2. The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Product without the Company’s approval;
    3. The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Product has not been paid by the due date for payment;
    4. All items of equipment forming part of the Product which are detachable and in respect of which a warranty claim is being made must be returned to base, that is, they must be returned to the Company package and postage paid accompanied by the cost of returning the same to the Client;
    5. The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Client shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
  29. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  30. Any claim by the Client which is based on any defect in the quality or condition of the Product or its failure to correspond with specification shall (whether or not delivery is refused by the Client) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.  If delivery is not refused, and the Client does not notify the Company accordingly, the Client shall not be entitled to reject the Product and the Company shall have no liability for such defect or failure, and the Client shall be bound to pay the price as if the Product had been delivered in accordance with the Contract.
  31. Where any valid claim in respect of the Product which is based on any defect in the quality or condition of the Product or its failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Product (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Client the price of the Product (or a proportionate part of the price), but the Company shall have no further liability to the Client.
  32. Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Product or its use by the Client, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Contract, except as expressly provided in these Conditions.
  33. The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations, if the delay or failure was due to any cause beyond the Company’s reasonable control.  Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
    1. Act of God, explosion, flood, tempest, fire or accident;
    2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
    3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
    4. Import or export regulations or embargoes;
    5. Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).

Force Majeure – Difficulties in obtaining raw materials, labour, fuel, parts or machinery; Power failure or breakdown in machinery.