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1. Terms of Payment
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40% deposit due with order and balance to be paid within 7 days of date of completion of installation or delivery. Variation on these terms of payment may be considered but must be agreed by PLAYCO and documented before placement of order.
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2. Warranty
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For a period of 10 years from the date of the original invoice, PLAYCO will guarantee the functional integrity of all structural components (platforms, posts etc). This guarantees against deterioration in pressure treated timber due to bacterial rot or insect attack and against rusting in steel components where such conditions lead to the structural integrity being impaired.
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For a period of 5 years from the date of original invoice, PLAYCO will guarantee all materials and workmanship.
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For a period of 2 years from the date of original invoice, PLAYCO will guarantee the full functioning of all components that employ moving parts.
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This warranty excludes:
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- Minor warping or longitudinal surface blemishes in timber components that do not lead to the functional integrity of the component being affected.
- Accidental damage caused by heavy machinery, automobiles or park maintenance equipment.
- Damage caused by neglect where the onset of a defect should have been identified through the implementation of a routine maintenance programme.
- Damage due to vandalism, abnormal use, cosmetic deterioration due to normal wear and tear, abnormal climatic conditions (e.g. high acid content in air or extreme exposure to marine conditions), change in physical environment (e.g. rising water table etc.), Acts of God.
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For a period of two years from date of original invoice, PLAYCO will replace or repair any damaged components at its expense. After two years, any costs relating to the removal and refitting of components will be at the client’s expense.
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PLAYCO reserves the right to replace or repair damaged componentry in an appropriate manner.
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Aspects of this warranty may become invalid if a kitset and working bee structures are not installed according to manufacturer’s instructions.
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3. Installation
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Where the quotation specifically includes the installation of the materials, the quotation is upon the basis that the Buyer will at its own expense provide (a) suitable access to the playground site in all weather conditions for vehicles used by the company; (b) all necessary amenities including 230 volt AC electric power such that any part of the job may be reached by an extension lead in compliance with all enactments, regulations and bylaws.
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4. Goods in Transit
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Goods transported to Buyer’s place of storage or point of installation by PLAYCO shall be carried at PLAYCO’s risk.
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Goods transported to Buyer’s place of storage or point of installation by Buyer or an agent of the Buyer shall be carried at Buyer’s risk.
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Goods transported to Buyer’s place of storage or point of installation by a freight carrier authorised by PLAYCO shall be carried at PLAYCO’s risk on the condition that any loss or damage to Goods in transit be notified to PLAYCO within 48 hours of receipt of Goods.
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Failure to do so may result in a claim for loss or damage not being accepted by the carrier or PLAYCO.
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5. Goods in Storage
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Goods held in storage by Buyer at any place other than PLAYCO premises are stored at Buyer’s risk.
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6. Contract
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The contract shall arise upon the Buyer’s acceptance of the PLAYCO quotation and the terms in the quotation, read together with these Terms and Conditions, shall be the conditions of the contract.
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7. Title and Security
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7.1 Title in any Goods supplied by PLAYCO passes to the Buyer only when the Buyer has made payment in full for all Goods provided by PLAYCO and of all other sums due to PLAYCO by the Buyer on any account whatsoever.Until all sums due to PLAYCO have been paid in full, PLAYCO has a security interest in the Goods.
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7.2 If the Goods are attached, fixed or incorporated into any property of the Buyer, by way of any installation process by the Buyer or any third party, title in the Goods shall remain with PLAYCO until the Buyer has made payment in full for all the Goods and where those Goods are mixed with any other property so as to be part or a constituent of any new Goods, title to those new Goods shall be deemed to have been assigned to PLAYCO as security for the full satisfaction by the Buyer of the full amount owing by the Buyer to PLAYCO.
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7.3 The Buyer gives irrevocable authority to PLAYCO to enter any premises occupied by the Buyer on which the Goods are situated at any reasonable time after default by the Buyer or before default if PLAYCO believes a default is likely and to remove and repossess any Goods and any other property to which the Goods are attached or into which they have been incorporated. PLAYCO shall not be liable for any costs, damages, expenses or losses incurred by the customer or any third party as a result of such action. PLAYCO may either resell any repossessed Goods and credit the Buyer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain such Goods and credit the Buyer with a sum comprising the invoice value less such sum as PLAYCO reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit and costs.
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8. Default in Payment
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Failure to pay the contract price or any instalment thereof on due date shall constitute a breach of this contract and PLAYCO shall be entitled to exercise any or all of its rights in respect of non-payment and without prejudice to its rights may suspend or terminate the contract and/or enter upon the premises where the products are situated and take possession and remove the same and re-sell such products and apply the proceeds in or towards the payment of the purchase price. The company shall be entitled to recover from the Buyer all costs and expenses incurred by the company in the recovery of the debt including collection fees, service charges and solicitor to client legal costs. In addition, the company shall be entitled to charge penalty interest on the unpaid account balance at the rate of 2 per cent per month, calculated on a daily basis.
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9. Excavation
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Installation prices are quoted on the understanding that all foundations are in soil (100 KPa) with no rocks, concrete, roots or other obstructions. Should this not be the case, the company reserves the right to recover any extra costs incurred.
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10. Services
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The Buyer is to check with relevant Local Authorities, Regional Councils and other relevant bodies, to accurately establish the existence and position of service pipes or cables on any playground site. The position of these services to be notified to PLAYCO prior to installation of equipment.
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11. Liability
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All equipment is designed and installed in the belief that it is safe for use by children and conforms to the relevant New Zealand Standard. However, all equipment is sold on the condition that it is accepted by the purchaser at the purchaser’s risk. On request, PLAYCO can advise on maintenance procedures and will supply a maintenance programme guideline for the equipment but it is the purchaser’s responsibility to implement and maintain a programme of routine inspection and maintenance.
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12. Modifications
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PLAYCO is constantly upgrading and developing their range of playgrounds. In line with this policy we reserve the right to modify the design or specification of components.
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13. New Zealand Standards
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PLAYCO equipment has been designed to satisfy the recommendations of NZS 5828 and should elements of this standard change or the standard be superseded, PLAYCO will undertake at that time to accommodate any such changes in future designs.
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14. OSH Requirements for Working Bees
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Where PLAYCO has undertaken to supply a supervisor for a ‘Working Bee’ installation, under the Occupational Safety and Health requirements the Buyer shall be considered the principal employer and shall take all reasonable steps towards ensuring a safe workplace for all those involved in the installation.
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15. Council Permits
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It will be the client’s responsibility to obtain any relevant building permits etc, should they be required. PLAYCO can assist in this process but any additional costs (Engineers Reports, Producer Statements Engineering etc) will be borne by the client.
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