Terms and Conditions

1. Definitions and General
These Terms and Conditions (“Terms”) apply to all quotations, orders, sales, deliveries and installations supplied by PGCO Ltd (“the Company”, “we”, “us” or “our”).
In these Terms:
“Customer” means the purchaser of the Goods and/or Services.
“Goods” means any products, equipment or materials supplied by the Company.
“Services” means any installation, design or related services supplied by the Company.
“Contract” means the agreement between the Company and the Customer incorporating these Terms.
These Terms shall prevail over any terms or conditions supplied by the Customer unless expressly agreed in writing by a Director of the Company.
No verbal representation, statement or promise shall form part of the Contract unless confirmed in writing by a Director of the Company.
All orders are subject to the availability of materials, labour and other factors outside the Company’s reasonable control, including adverse weather conditions and supplier delays.
All brochures, drawings, photographs, illustrations and marketing materials are provided for guidance only. Final products and finishes may vary slightly from those shown.

 

2. Quality and Compliance
Where Goods are manufactured or adapted to the Customer’s specification, the Company will use reasonable skill and care to meet those specifications.
The Company shall not be responsible for ensuring that bespoke or customised Goods comply with any particular industry standard, regulation or suitability requirement unless expressly agreed in writing.

 

3. Quotations, Orders and Cancellations
All quotations are valid for 30 days from the date of issue unless otherwise stated.
No order shall be binding until accepted by the Company in writing or through the Company’s online order confirmation process.

Standard Products
Orders for standard products may be cancelled within 5 days of order confirmation, subject to a cancellation fee of £500 plus VAT. After this period, a minimum cancellation charge of 25% of the order value shall apply.

Bespoke or Custom Products
Orders for bespoke, customised or made-to-order products may only be cancelled subject to a minimum cancellation charge of 70% of the contract value, or such higher amount as reasonably determined by the Company based on costs incurred.

Delivery or Installation Delays Requested by the Customer
The Customer may request one postponement of delivery or installation for up to one calendar month, provided at least 7 days’ notice is given. Additional storage, transport or administration charges may apply.

 

4. Pricing
Unless otherwise stated, all prices are quoted ex works and are exclusive of VAT and any other applicable taxes or duties.
The Company reserves the right to adjust prices prior to dispatch where there are increases in labour, material, transport or other operational costs beyond the Company’s reasonable control.
Any variation to the agreed specification, scope of works or order quantities may result in revised pricing.

 

5. Delivery
Unless otherwise agreed in writing, delivery shall be ex works.
Where delivery is arranged by the Company, the Customer shall provide accurate delivery instructions and ensure safe and suitable access to the site.
Delivery dates are estimates only and time shall not be of the essence. The Company shall not be liable for delays caused by circumstances beyond its reasonable control.
If delivery cannot be completed due to the Customer’s unavailability or refusal to accept delivery, the Customer shall be responsible for any additional storage, transport or redelivery costs incurred.

Any loss or damage in transit must be:
noted on the carrier’s delivery documentation at the time of delivery; and
reported to the Company in writing within 48 hours of receipt.

 

6. Title and Risk
Risk in the Goods shall pass to the Customer upon delivery.
Legal title to the Goods shall remain with the Company until full payment has been received for all amounts due under the Contract.
Until title passes:
the Company may recover or repossess the Goods if payment is overdue; and
if the Customer resells the Goods, the proceeds of sale shall be held on trust for the Company until payment is made in full.

 

7. Installation
Installation works shall be carried out in accordance with the scope of works detailed within the quotation or contract documentation. Any additional works requested by the Customer shall be chargeable.
The Customer shall ensure:
unrestricted and safe access to the site;
suitable working conditions; and
that delays caused by third parties are minimised.
The Company reserves the right to charge for downtime, delays or additional visits caused by site inaccessibility or disruption beyond its control.
Any concerns or defects relating to installation works must be reported in writing within 48 hours of completion. After this period, the works shall be deemed accepted.

 

7.1 Variations and Site Conditions
Any changes to the agreed installation specification or scope of works must be agreed in writing prior to implementation.
Where excavation deeper than 300mm is required, the Customer must provide accurate underground service and utility drawings. The Company accepts no liability for damage or delays arising from undisclosed or inaccurate information.
Where products or surfacing are installed onto or over an existing or pre-engineered base, the Company accepts no responsibility for:
existing levels or gradients;
drainage performance;
cracking, settlement or movement;
structural integrity of the underlying base; or
the impact such conditions may have on the appearance or performance of the finished installation over time.
Unexpected ground conditions, obstructions or difficult excavation conditions may result in additional charges.

 

8. Payment Terms
Unless otherwise agreed in writing, invoices are payable within 14 days from the invoice date.
The Company reserves the right to request staged or interim payments.
Late payments may incur interest and recovery costs in accordance with applicable legislation.
The Customer shall not withhold, delay or offset payment for any reason unless agreed in writing by the Company.

 

9. Limitation of Liability
The Company shall not be liable for any indirect, consequential or economic loss, including loss of profit,  loss of revenue or loss of business opportunity.
The Company’s total liability arising under or in connection with the Contract shall not exceed the total invoice value of the Goods and/or Services supplied.
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or any other liability which cannot legally be excluded.

 

10. Termination
The Company may terminate the Contract immediately by written notice if:
the Customer commits a material breach of the Contract and fails to remedy it within a reasonable period following notice; or
the Customer becomes insolvent, enters administration, liquidation or bankruptcy proceedings, or ceases trading.
In such circumstances, the Company reserves the right to recover all losses, costs and expenses incurred.

 

11. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations where such delay or failure results from events beyond its reasonable control, including but not limited to:
adverse weather conditions;
flooding, fire or lightning;
industrial disputes or lockouts;
acts or omissions of government authorities, highways authorities or other competent bodies;
war, civil unrest or riot; or
acts or omissions of third parties outside the Company’s control.

 

12. Permissions and Consents
The Customer is responsible for obtaining all necessary permissions, approvals, licences and consents required prior to installation.
Any delays, costs or losses arising from failure to obtain such permissions shall be the responsibility of the Customer.

 

13. Intellectual Property
All drawings, designs, specifications, concepts and related intellectual property produced by the Company remain the sole property of the Company.
Such materials may not be copied, reproduced, distributed or used without the Company’s prior written consent.

 

14. Governing Law
These Terms and any Contract between the Company and the Customer shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes arising shall be subject to the exclusive jurisdiction of the English courts.

 

15. Product Information and Warranty
The Company warrants its workmanship for a period of 12 months from the date of completion or delivery, subject to normal wear and tear and proper maintenance.
Where applicable, play equipment supplied by the Company is designed to comply with relevant BS EN 1176 and BS EN 1177 safety standards.

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The Customer is responsible for ongoing inspection, maintenance and safe operation of all equipment following installation. Any formal inspections relied upon for compliance or safety purposes must be carried out by a suitably qualified RPII-certified inspector.

Playgrounds are active environments and require appropriate supervision at all times. Natural wear and tear, environmental conditions and patterns of use may affect the condition and performance of equipment over time.