The following terms and conditions apply to all products and services supplied by Maple Leaf Designs Ltd.
- Basis of Contract
- Delivery of Goods
- Quality of Goods
- Title and Risk
- Supply of Services
- Customer’s Obligations
- Charges and Payment
- Intellectual Property Rights
- Limitation of Liability
1. Basis of contract
1.1 An order constitutes of the customer returning a signed and dated quotation form stating that they agree to purchase Goods and/or Services at the price quoted.
1.2 The order is considered complete when we confirm the acceptance of the aforementioned quotation from the customer, upon which date the contract comes into existence.
1.3 Upon signing, the customer acknowledges that no statement, promise, representation, assurance or warranty made or given by or on behalf of Maple Leaf Designs Ltd. has been relied on if not stated in the contract. The contract therefore constitutes the agreement between parties in its entirety.
1.4 All imagery, descriptive and promotional material issued by Maple Leaf Designs Ltd. (i.e. catalogue content, drawings, samples, 3D designs) are given purely to approximate an idea of the goods and/or services that they describe. They form no part of the contract and therefore have no contractual force.
1.6 A quotation issued by Maple Leaf Designs Ltd. is valid for a period of 30 days and does not constitute an offer.
1.7 All terms and conditions herein apply to the supply of both goods and services unless otherwise specified.
1.8 Should the customer wish to make amendments to the previously agreed specification once the contract has been signed and formed, Maple Leaf Designs Ltd. shall take this into consideration and amend the price if required. In the event of a price amendment the customer is required to confirm and accept the proposed amendments in writing prior to any work commencing.
2.1 All goods to be supplied are stated in the quotation that is signed and dated by the customer.
2.2 All goods where applicable will conform to BSEN1176/77 unless otherwise stated.
2.3 While Maple Leaf Designs Ltd. encourage the input of customers regarding bespoke products, they will refuse to produce any goods that do not conform to their strict safety regulations.
3. Delivery of Goods
3.1 Goods will be delivered by Maple Leaf Designs Ltd. to the location stated on the order confirmation unless otherwise stated by either party once the goods are ready for delivery. Any alteration of the delivery address may incur further charges and must be declared in writing by the customer prior to despatch.
3.2 Delivery dates will be arranged with the customer on completion of the manufacturing process. On agreement of delivery between both parties, any failure by the customer to inform Maple Leaf Designs within a minimum of 24 hours prior to delivery of any alterations to the date and/or time will result in abortive costs. These costs will include the cost of delivery, labour and admin charges where applicable incurred as a result of a failed/aborted delivery.
3.3 Dates provided for the delivery of goods and/or the commencement and completion of services are an approximation only. Maple Leaf Designs Ltd. shall not be liable for any failure to deliver said goods and/or services due to Force Majeure Events, inappropriate weather conditions, scheduling commitments, or due to a failure by the customer to provide adequate instruction when necessary.
3.4 All pro forma orders require payment in full by the customer in order for delivery to take place.
4.1 All Maple Leaf Designs Ltd stock timber, metalwork and HDPE plastic is guaranteed against structural failure for up to 5 years from the date of invoice. This is providing that timbers are treated annually with a clear water repellent preservative, that metal work coating is kept maintained and re-coated if bare metal is present, and that a schedule of maintenance is kept to ensure fulfilment of any warranty obligations. Willow Products, sculptures and timber carvings including carved bears carry no guarantee.
4.2 All Maple Leaf Designs Ltd play equipment, components, moving parts, timber planters and surfacing are covered under a 1 year manufacturer and workmanship guarantee and are not covered in the 5 year period. Vandal damage and general wear and tear are not covered under this guarantee.
4.3 EPDM rubber wet-pour surfacing and resin bonded rubber carry no guarantee unless laid to a PCC edges. There is no guarantee on water pumps.
4.4 Repair work to existing equipment not manufactured and installed by Maple Leaf Designs is `guaranteed up to 3 months with the exception of surfacing which carries no guarantee.
4.5 Warranties provided by Maple Leaf Designs Ltd. depend on all equipment being maintained according to BS EN 1176 standards and the manufacturer’s recommendations that are stated within this publication, and any repairs and modifications must be made by Maple Leaf Designs Ltd. otherwise this may lead to the warranty being voided. Furthermore, if another person or company relocates or modifies the equipment then they also take on the duty of care.
4.6 The procedures set out in the Maple Leaf Designs Ltd. Operation and Maintenance manual must be adhered to at all times.
4.7 Non-fixed accessories do not carry a guarantee unless supported by their manufacturer.
5. Quality of Goods
5.1 Maple Leaf Designs Ltd warrants that upon delivery that the goods shall conform in all material respects with the description laid out in the written quotation and order confirmation, and be free from material defects in their design, material and production.
5.2 Should the customer give written notice in reasonable time that any of the goods and/or services do not comply with the aforementioned warranty, Maple Leaf Designs Ltd. shall be given reasonable opportunity to examine said goods before – at its option – repairing or replacing the goods should a defect be found.
5.3 Maple Leaf Designs Ltd. accepts no liability for the Goods’ failure to comply with the aforementioned warranty under any of the following conditions:
5.4 Having given written notice of defects the customer continues to make further use of the goods.
5.4.1 The defect reported is due to the customer’s failure to follow written or oral instructions issued by Maple Leaf Designs Ltd. regarding the correct storage, installation, use or maintenance of the goods.
5.4.2 Alterations or repairs are made to the equipment by the customer without the written consent of Maple Leaf Designs Ltd.
5.4.3 The defect is caused by wilful damage or negligence, abnormal working conditions, fair wear and tear or poor supervision.
5.4.4 The goods differ from the initial descriptions laid out in the quotation and order confirmation in order to comply to strict statutory or regulatory standards.
5.5 Any repaired or replaced goods supplied by Maple Leaf Designs Ltd. are subject to these terms and conditions.
6. Title and Risk
6.1 Upon delivery of goods and/or services, the risk shall pass to the customer.
6.2 Maple Leaf Designs Ltd. retains complete title to the goods until they receive payment from the customer, cleared and in full, for all goods and/or services provided, including any damage costs incurred by the customer.
6.3 Should Maple Leaf Designs Ltd. terminate the contract or the customer become subject to an insolvency event prior to being passed the title to the goods, Maple Leaf Designs Ltd. may require the customer to return the goods at their own cost. Having demanded the return of the goods from the customer, should no action be taken after 5 working days Maple Leaf Designs Ltd. reserves the right to enter the customer premises and recover the goods, and/or enlist a third party to do so on their behalf.
7. Supply of Services
7.1 Any commencement and completion dates for services provided by Maple Leaf Designs Ltd. are estimates only, and though they will endeavour to meet them they cannot be held liable for damages.
7.2 Maple Leaf Designs Ltd. reserve the right to make any alterations to the services provided necessitated by the compliance with any and all applicable laws or safety requirements, or make changes which have no effect on the material nature or quality of the services.
7.3 Should any previously unknown issues arise following a site investigation by Maple Leaf Designs Ltd. prior to the supply of services, they have the right to alter the price, services and goods provided in order to accommodate the changes.
7.4 Maple Leaf Designs Ltd. warrants to the customer that the services provided will employ reasonable care and skill.
7.5 Any damage incurred to underground pipes or services – including but not limited to electric, gas, drains, water, fibre optic and telephone – which are not clearly outlined in drawings and plans provided to Maple Leaf Designs Ltd. prior to work commencing subsequently will not be their responsibility. Maple Leaf Designs Ltd. therefore will not be liable for any time or costs spent on their repair.
7.6 The customer or anyone under their control will not make any use of the goods provided by Maple Leaf Designs Ltd. until all practical services are completed, including but not limited to the installation of equipment and the curing of surfaces.
7.7 While Maple Leaf Designs Ltd. will make every effort to ensure that the work area is safely segregated when necessary using temporary fencing, cones and/or tape, the customer is ultimately solely and exclusively responsible for ensuring that anyone under their control is kept a safe distance away from where services are being carried out and/or goods are being stored. Should the customer require more substantial segregation they must inform Maple Leaf Designs Ltd. prior to the commencement date.
7.8 Maple Leaf Designs Ltd will endeavour to complete any orders containing playground marking at the same time as any other scheduled works. However, all markings are subject to weather conditions and in the case of spray markings, weather and temperature conditions are critical. Maple Leaf Designs Ltd reserve the right to delay installation of playground markings until conditions are favourable and will invoice under separate cover once complete.
8. Customer’s Obligations
8.1 It is the customer’s responsibility to ensure that all of the details specified in the signed quotation and subsequent order confirmation are correct, and that the designs meet their requirements.
8.2 The customer must provide Maple Leaf Designs Ltd. with reasonable site access and inform them of any requirements or limitations that may affect the work ahead of time. Failure to do so may incur delays and extra costs.
8.3 Any groundwork or other such preparations not stated in writing on the quote or order confirmation is not the responsibility of Maple Leaf Designs Ltd. to carry out. Any subsequent delays not reported to Maple Leaf Designs Ltd within reasonable time ahead of the commencement date may be subject to damage costs, to be paid by the customer.
8.4 Before work can take place the customer must obtain all necessary permissions and licences required for work to commence on the site, including but not limited to planning permission and/or building regulations consents.
8.5 The customer will ensure that an authorised representative is available to allow Maple Leaf Designs Ltd. access to the site at the agreed time. Failure to do so or to rectify the issue within a reasonable time frame may incur extra costs.
8.6 The customer will co-operate with Maple Leaf Designs Ltd. to complete the handover and/or sign-off process.
8.7 The customer will take all responsibility for the safe operation of the goods once Maple Leaf Designs Ltd. have installed and/or delivered the goods.
8.8 It is the customer’s responsibility to provide welfare and/or utility access to the Maple Leaf Designs Ltd. installation team unless otherwise agreed.
8.9 Should Maple Leaf Designs Ltd. be prevented or delayed by any act or omission by the customer from performing their obligations to provide goods and/or services:
8.9.1 Maple Leaf Designs Ltd. maintains the right to suspend all performance of services until the situation is rectified by the customer.
8.9.2 The customer will be liable for any and all costs or losses that may arise from the customer default.
8.9.3 Maple Leaf Designs Ltd. will be reimbursed by the customer on written demand for any costs or losses incurred directly or indirectly due to the customer default.
8.9.4 Maple Leaf Designs Ltd. shall have the option to increase the price of the goods and/or services to accommodate for the customer’s failure to comply with their obligations.
8.10 The customer must consult the supplied maintenance guide and have the equipment inspected and maintained on a regular basis.
9. Charges and Payment
9.1 The price for any goods and/or services provided will be itemised and published clearly on the quote, signed and dated by the customer to state that they understand the terms and accept the costs.
9.2 Should Maple Leaf Designs Ltd. be required to supply any goods and/or services beyond those originally quoted for in order to complete the work, the customer will be notified and subsequently charged at the discretion of Maple Leaf Designs Ltd. in accordance with the standard rates in force at the time. These charges will be made clear before proceeding and a written acceptance of such will be required.
9.3 Maple Leaf Designs Ltd. may increase the price of goods and/or services at any time by giving notice to the customer prior to delivery and/or completion of services to compensate for the following scenarios:
9.3.1 A request by the customer to alter the delivery/installation date(s).
9.3.2 A request by the customer to alter the quantities and/or types of goods.
9.3.3 Any delay to the supply of goods and/or services caused directly or indirectly by any instruction or lack of adequate notice or preparation by the customer.
9.4 The customer will pay the cost of all goods and/or services supplied by Maple Leaf Designs Ltd. in full within 14 days of delivery/completion. It is at the discretion of Maple Leaf Designs Ltd. to determine the date of completion.
9.5 Should full payment for the goods and/or services supplied not be provided and cleared within 14 days of completion, Maple Leaf Designs Ltd. under the Late Payment Act of Commercial Debts (Interest) Act 1998 can for any payment received after the agreed terms of where no terms have been agreed 30 days from the date of invoice, charge interest at Bank of England base rate plus 8% with a fixed charge for recovery of £40-£100 depending on the size of the debt. Maple Leaf Designs Ltd. may also apply to the court to make a claim for all legal costs.
9.6 All amounts payable by the customer under the contract are exclusive of amounts in respect of VAT.
10. Intellectual Property Rights
10.1 Maple Leaf Designs Ltd. shall own all intellectual property rights relative to the goods and/or services provided.
11. Limitation of Liability
11.1 No conditions listed herein shall limit or exclude Maple Leaf Designs Ltd. liability for any of the following:
11.1.1 The negligence of its employees, subcontractors or agents that is evidenced to be the cause of any death or personal injury.
11.1.2 Fraud or fraudulent misrepresentation.
11.1.3 The breach of relevant implied terms of the Supply of Goods and Services Act 1982.
11.1.4 The breach of relevant implied terms of the Sale of Goods Act 1979.
11.1.5 Products found to be defective and in breach of the Consumer Protection Act 1987.
12.1 With written notice and with immediate effect, each party may terminate the contract without any limitations to its remedies or other rights under any of the following conditions:
12.1.1 A breach of obligations as stated within this contract by either party, or where possible a failure to remedy said breach having been given written notice of its existence within reasonable time.
12.1.2 Maple Leaf Designs Ltd. deems the fiscal position of the customer to be unsustainable, thereby affecting the ability of the customer to fulfil their contractual obligations herein.
12.2 Should the customer fail to pay any outstanding amounts owed within their respective invoice periods, Maple Leaf Designs Ltd. may suspend the supply of further services and/or goods until the customer completes the payment in full, or at their discretion Maple Leaf Designs Ltd. may terminate the contract entirely.
12.3 Should the contract be terminated at any point, all outstanding invoices must be paid within 30 days of issue by the customer to Maple Leaf Designs Ltd. along with any interest and/or damages incurred. Goods and services that have been provided but not yet invoiced will then be invoiced to the customer, who will pay them within 30 days.
12.4 Any cancellation of the contract by the customer with less than 30 days’ notice will incur a cancellation charge of 15% of the total contract sum plus any additional damages incurred.
12.5 In the event of a cancellation of the contract by the customer all damages and/or cancellation charges incurred by Maple Leaf Designs Ltd. via their sub-contractors and/or associated third-parties will be passed to and be payable by the customer.
12.6 In the event that following the termination of a contract the customer fails to pay any outstanding invoices within 30 days of issue, Maple Leaf Designs Ltd. or an agent working on their behalf may enter the premises of the customer to retrieve any goods supplied to recover part of the cost owed to them.
12.7 At no point will a contract termination affect the right of either party to claim damages that may have been incurred prior to or at the termination of the contract.
12.8 Should a termination of contract occur, any contractual clauses that may by implication or where expressly stated be in effect regardless of termination, they shall continue to be enforceable.
13.1 This agreement is non-transferrable as it is personal to the customer. As such it may not be assigned or re-assigned without express written consent from Maple Leaf Designs Ltd.
13.2 A Force Majeure event – including but not limited to utility failures, transport network failures, malicious damage, war, riot, civil commotion, compliance with laws and orders, accidents, plant or machinery failures, floods, fires, storms or other acts of God – shall not constitute a breach of contract on part of Maple Leaf Designs Ltd.
13.3 The entire agreement between Maple Leaf Designs Ltd. and the customer is comprised of this agreement and its accompanying order, overriding any and all prior understandings, arrangements and agreements relative to the same or similar subject matters contained herein.
13.4 Upon signing, the customer acknowledges that no statement, promise, representation, assurance or warranty made or given by or on behalf of Maple Leaf Designs Ltd. has been relied on if not stated in the contract. The contract therefore constitutes the agreement between parties in its entirety.
13.5 Should any element of this agreement be deemed in a court of law, tribunal or administrative body of competent jurisdiction to be in any way illegal, invalid, void, voidable, unenforceable or unreasonable it shall be to the same extent considered severable, while all remaining elements of this agreement will remain enforceable and in full effect.
13.6 It will not be considered a waiver of their rights to do so should Maple Leaf Designs Ltd. fail to enforce or delay enforcing any aspect of this agreement.
13.7 Unless issued in writing and signed by both parties or their authorised representatives, no alternate version or variation of this agreement shall be valid.
13.8 Every aspect of this agreement is subject to and governed under the jurisdiction of English law and English courts only, which both parties submit to upon its commencement, and unless the person is a party to it then no terms within the agreement are enforceable in this or any other way.