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The parties to this Agreement (hereinafter referred to as the Agreement) are Uniplay It’s Educational Ltd (Uniplay), whose Office is at 3-5 Centurion Court, Blackburn. BB1 2NB.
and
The Client
In this Agreement the following definitions shall apply.
“Agreement” means this Agreement (including any Schedules) and any amendments to it, as agreed, from time to time.
“Client” means the person or organisation that is a client of Uniplay It’s Educational Ltd.
“Fees” means the monies levied by Uniplay to the Client for the provision of its services.
“Services” means the services provided or to be provided by one party to another as described.
All references to the singular within this Contract 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.
3.1 Uniplay supplies and installs pre-formed thermoplastic playground markings, sports coatings and other playground marking paints. It will make sure all products are installed with care and to the manufacturers specification.
3.2 Warranty
Preformed Thermoplastic and MMA (Methacrylate) Markings – Up to 4 Years
Sports coatings – Due to the varying surface quality and condition no warranty is provided.
Anti-Slip playground paint – 1 year warranty is provided.
The warranty is effective from the date the markings are installed and is subject to us installing on a clean macadam surface which must be at least 4 weeks old. Specialist surfaces such as porous asphalt, resin bound stone, paving slabs etc are not covered under this warranty.
3.3 Where possible Uniplay will carry out checks and ensure that the Clients site is suitable and safe prior to the installation. On some surfaces this may mean a heat test needs to be carried out. On both heat tests and 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. Uniplay are not responsible for any discolouration to the surface.
3.4 The warranty covers markings installed on sound, clean substrates only. If there are any apparent issues at the outset we will discuss this with you prior to installing. Some issues i.e. drainage problems may not be apparent initially so in the unlikely event there was a warranty claim we would initially make a visit to try and assess the cause of any problem.
3.5 The maximum liability of Uniplay is the cost paid for the marking in question. Uniplay are not responsible for the removal of any damaged markings or putting the area back to its original condition.
3.6 If Uniplay is instructed to carry out removals then on occasion this may leave some scarring to the surface for which Uniplay are not liable. The level of scarring is dependent on the surface condition.
3.6.1 UHP Water is the recommended removals method.
3.7 Uniplay will make sure it has carried out a standard DBS check for each of its employees. The reference numbers for these are available on request.
3.8 Where requested Uniplay will provide a proposed layout plan prior to carrying out the installation. This is scaled so will provide an approximate visual of how the finished playground will look. Colours of the games may vary so if you have any preference or want them exactly as illustrated please ask. Our markings come in 18 standard colours. 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. Due to drains or unforeseen obstacles games may need to be moved slightly to fit the area.
3.9 Our Special Offers cannot be used in conjunction with any other discount or offer running at the same time, and can only be used on term-time installations.
3.10 Wallboards
Uniplay provides Wallboards on a supply only basis.
Colours of the Wallboards may vary.
Payment for Wallboards is required in advance as each one item is made to order. Items are non-refundable.
4.1 In return for the provision of the supply and installation of markings for the Client, the Client agrees to make payment of Fees to Uniplay.
4.2 The Client agrees to make full payment including VAT available on completion of the works. Payment can either be made by cheque or by bank transfer. If paying by bank transfer the payment must be paid to our HSBC account.
4.2.1 On school projects over £10,000 we ask for a 50% deposit with the remainder being due on completion of the works. On commercial projects, a proforma payment is required.
4.3 The Client shall ensure that someone will be on site on the day the markings are installed. This is to allow access to the site as well as be available should the installers have any questions on the day.
4.4 The client will make sure the playground is kept clear whilst the installation is taking place and that the installers have unlimited access to the playground area.
4.5 Uniplay reserves the right to charge a £750 fee if they are unable to complete the job on the agreed completion day. This can include but is not limited to the following;
In these circumstances the client will need to book an alternative installation date with Uniplay.
4.6 The client will make sure the playground is clean and free from any mud, dirt, stones, moss etc. In instances where the playground is excessively dirty and requires cleaning prior to us installing our markings we reserve the right to make a charge for the extra time involved. This will be charged at £900 per day and will be communicated to you prior to the works being completed. If you are unsure if the condition of your tarmac is suitable please send some photos over to your playground designer prior to the installation so we can advise accordingly.
4.7 The client is advised not to grit or salt the playground for at least 48 hours prior to the install taking place. This will void the warranty of the markings.
4.8 It is the client’s responsibility to make sure they request from Uniplay, any documentation they need at least 3 working days prior to the install team arriving. This includes things like DBS, risk assessments, method statements etc.
4.9 All waste will be removed from site by Uniplay, if use of a skip is required, this will be communicated to you. Skip hire will be arranged by Uniplay.
5.1 This Agreement shall commence on the date that the Client gives either verbal or written confirmation that they wish to proceed with an order.
6.1 Uniplay has in place a Public Liability Insurance policy, subject to a claim limit of £5,000,000 for any works it undertakes, to be covered by this Policy.
6.2 Liability shall be limited by the provisions set out in section 7.0 below
7.1 Uniplay shall not be liable under any circumstances where the insurance cover does not allow or make payment of any 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, shall be excluded to the fullest extent permissible in law.
8.1 The Client has the right to cancel this Agreement by providing at least 14 days cancellation notice prior to the agreed date of the installation. Where less than 14 days notice is provided by the Client to Uniplay, then the client remains liable to make payment for the following; 30% of the total cost for any standard games/markings and 75% of the cost of any custom made games/markings. Payment is to be made within 5 working days of notification of the cancellation.
8.2 The Client has the right to cancel the Agreement for playground marking removals by providing at least 14 days cancellation notice prior to the agreed date of the installation. Where less than 14 days notice is provided by the Client Uniplay, then the client remains liable to make payment for 30% of the total cost for any playground marking removals. Where less than 5 days notice is provided, the client remains liable to make payment for 50% of the total cost for any playground marking removals. Payment is to be made within 5 working days of notification of the cancellation.
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 (e.g. surface covering or bespoke graphics) on their project, that Uniplay have needed to order. This will supersede condition 8.1 on these items. There will also be a down time charge of £750.
9.1 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 Uniplay and do not bear harshly upon the Client and that the parties further hereby agree that:
9.1.1 each restriction shall be read and construed independently of the other restrictions so that if one or more are found to be void or unenforceable as an unreasonable restraint of trade or for any other reason the remaining restrictions shall not be affected; and,
9.1.2 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,
9.2 If at any time, Uniplay 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 obligations.
9.3 Uniplay 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 due, but not limited to, circumstances including fire, rain, flooding, storm, Act of God, war or terrorism.
10.1 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 and will attempt in good faith to resolve any dispute or claim through negotiations between the parties who have authority to settle the same;
10.1.1 Notwithstanding section 10.1, this Agreement shall be construed in accordance with and governed by the laws of England and Wales and 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.
11.1 Due to the nature of the product, the installation of the Client’s playground markings will be booked in with Uniplay on a suitable date. Playground markings are unable to be returned after installation. If there are any issues with the markings, the Client should email info@uni-play.co.uk.
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