1 These are the terms upon which Achilles Sport and Leisure Ltd (“we/us”) have quoted to supply their goods and services (“the works”) to the customer (“you”).
If you want to accept a quotation you should do so in writing via Email. However, your continued instructions to us on the works will amount to acceptance of our Terms and Conditions of business.
2 Any variation to these terms is only valid if agreed in writing by a director of Achilles Sport and Leisure Ltd
3 Payment to be made in full within 30 days from completion unless otherwise agreed in writing. Pro-Forma payment will be at Achilles Sport and Leisures discretion No retentions to be made unless by our prior written agreement.
4 Quotations are net and exclusive of VAT which is extra at the prevailing rate.
5 All Quotations are priced on the basis of completing in one single visit unless clearly specified otherwise in writing. Additional visits will incur further charges.
6 Settlement discounts required under the terms of any Main Contract are included within our quotations and further deductions should not be applied to quoted rates unless we agree otherwise in writing.
7 All payments to be made under this agreement shall be made in cleared funds, without any deduction or set-off under this contract or under any other liability.
8 Achilles Sport and Leisure Ltd reserves the right to alter any specification listed on our websites at any time, and without prior notice. Every effort has been made to ensure the accuracy of the data given but no liability can be accepted for errors or omissions on our website. Your use of any information or materials obtained from our websites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our websites meet your specific requirements. If you are in any doubt please ask us to confirm matters specifically
Variation
1 The Price quoted is valid for works to be completed within 3 months of the date of the quotation. Installations which are delayed beyond this period, for whatever reason, will be subject to a review by Achilles Sport and Leisure Ltd
2 Where material orders have been placed by Achilles Sport and Leisure Ltd for specific project(s), limited shelf life of products may apply. In the event of any project delays, the customer will be responsible to cover any replacement material costs, including any additional delivery or restocking costs in the event they should be required for ANY reason, including (but not exhaustive to) : Damage; Water Damage; Change of Specification; Expiry Date of Materials.
3 Achilles Sport and Leisure will endeavour to maintain the prices quoted as specified. However the Raw materials is subject to fluctuations which impact the price of materials. The quoted prices are based on current material cost at the time of quotation but Achilles Sport and Leisure reserves the right to increase the quoted price as a result of increases in raw materials prices after date of quotation.
4 All work is subject to the minimum order value set out in the quotation. All areas are subject to a re-measure upon completion at Achilles Sport and Leisure Ltd discretion and Achilles Sport and Leisure Ltd reserve the right to charge for any additional work done at the agreed order rates. Should any additional areas increase the total number of days spent on site, or require additional transport or other costs, further charges may be made. If the area is less than ordered and we are able to re-use or get credit for any unused materials, we will make an appropriate adjustment to our charges.
5 Whilst we are on site, written instruction must be given for any amendments to previously ordered works before they can be undertake.
Cancellation and Delay
1 Any cancelled orders, will be charged at the following rates of the original order value 25% for any ground works 50% for any Resin Bound Surface (Wet-pour, Rubber Mulch, Flexi pave and Resin bound Stone etc.)
2 Achilles Sport and Leisure reserves the right to charge for stoppage time whilst awaiting instructions on how to proceed or to attend site inductions taking more than 1 hour from our arrival on site. This can include labour, plant, accommodation, and any other associated costs.
Delivery and Risk
1 The risk in the goods shall pass from us to you upon delivery to you. However, title shall not pass to you until we have been paid in full for all goods delivered and work done by us to you both under this and under any other contract between us. We reserve the right to remove any goods where the title has not passed, and you authorise us to enter any premises for this purpose.
2 We order more materials for the site than we may actually use. Any spare materials are the property of Achilles Sport and Leisure and are not the customer’s property after.
3 Where materials are supplied by the customer, Achilles Sport and Leisure Ltd accepts no responsibility for the suitability, quality, or fitness for purpose of those materials. We will install the materials as provided, and any defects or issues arising from the materials themselves will not be the responsibility of Achilles Sport and Leisure Ltd. The customer is responsible for ensuring that all materials supplied are fit for the intended purpose
Access and Security
1 Whilst every effort will be made to minimise damage to the access route provided, we accept no liability for the cost of reinstatement, should damage occur.
2 Free access and parking for our Lorries, Vans and delivery of materials / plant is required with flat hard standing to within 50 metres of the surfacing works, and secure storage for our materials on site for the duration of our works. Where onsite parking is not provided, we reserve the right to pass on any associated costs and parking charges / enforcement tickets to the customer.
3 Standard quotations do not provide Herras or other types of security fencing. Should this be required we can arrange it at an additional charge.
Defects
a) The company will not be liable for any defect in the Surface which has arisen as a result of, or has been exacerbated by, incorrect or inadequate maintenance;
b)Any defect must be promptly reported to us, and we must be allowed access to the surface within normal business hours (Mon-Fri 09:00-16:30hrs) to inspect / repair any defect. Should work be required out of hours, or within specific periods, then we reserve the right to impose additional charges.
Warranty
1 All complete surface installations are covered by our standard 12 month warranty against defects which are the direct result of faulty materials or workmanship. We will repair, or replace (at our discretion) any surfaces which have developed defects covered by this warranty free of charge.
2 Defects caused by incorrect or inadequate maintenance, defects in underlying surface or foundations which did not form part of the Achilles Sport and Leisure contract, puncture through high point loading, vandalism, abnormal uses, forces of nature and fair wear and tear are not covered by the terms of this warranty.
3 Our Standard 12 month Warranty is provided subject to the following conditions:
The customer must have made full payment for the surface/service in accordance with the conditions of our quotation / contract between us and the customer for the supply and installation of the surface (including those as to time of payment).
Where payments are made outside of the agreed contractual terms, any warranty period will reduce to 3 months from completion date.
a) For the avoidance of doubt, this warranty does not confer any rights on the customer, or impose any liability on us, other than those expressly set out above and does not cover any claims for indirect or consequential loss or damage arising out of defects.
b) Where extended manufacturers backed warranties are offered, these are offered directly by the specific manufacturers to the customer, and are limited to their products or materials only, and subject to their terms and conditions. If there are any such warranties they will be referred to in our quotation.
Miscellaneous
1 Achilles Sport and Leisure Ltd will not accept the imposition of Liquidated Damages by a main contractor under any circumstances.
2 Achilles Sport and Leisure Ltd contract is with the customer only. No third parties shall acquire any rights under it and all claims under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
3 This contract is subject to the laws of England and Wales, and the English and Welsh courts shall have exclusive jurisdiction in relation to it.
4 Any notices must be served on Achilles Sport and Leisure Ltd by sending them to their registered office, and may be served on the customer by sending them to their registered office, or any place of business, or if an individual, to their last known place of residence.
5 In the event that a subcontractor’s performance on a specific project is deemed unsatisfactory by the client, leading to potential financial claims or withholding of payment by the client, Achilles Sport and Leisure Ltd reserves the right to withhold payment to the subcontractor for any other completed works until the issue is resolved to the satisfaction of both Achilles Sport and Leisure Ltd and the client. This includes any deductions or set-offs necessary to cover potential losses.
Key Facts and Product Information
1 Please also read the relevant section(s) relating to the products/services to be supplied to you, which are also part of our Terms and Conditions of Business.
Formal Details
Achilles Sport and Leisure incorporated in England and Wales.
UTR number 2747629648
Company Registration number 11747896
VAT number 315211355
Wet-Pour Surfacing
1 The price given assumes that the work can be completed in one visit and that no additional shaping or levelling is required, unless specifically quoted for.
2 Black EPDM – there is a small risk of black staining under abrasion and where possible we recommend the use of virgin through coloured EPDM. We cannot accept any responsibility for any claims relating to this. Black EPDM is a recycled material and may contain quantities of carbon black and therefore it should not be considered to be non-staining in all circumstances.
3 Areas installed with Black EPDM that are exposed to sustained high temperatures for prolonged periods, will have greater absorbency and heat retention properties than lighter colours. Black EPDM therefore is not recommended for areas predominantly used by babies and toddlers where skin contact during crawling/sitting may be affected by staining / surface temperatures.
4 Whilst every effort is made to complete every installation with the minimum number of ‘day joints’ we do not offer any guarantee to complete a joint free surface.
5 Due to natural movement in rubber polymers we exclude edges and joints from our standard guarantee. We cannot guarantee the bonding of old rubber with new. Old rubber may continue to shrink and cause joint or edge splitting.
6 Wet-pour is a hand laid system and as such some trowel / roller lines may be visible upon completion. These lines are normally only visible at dawn / dusk, with certain low light conditions e.g. sunset/sunrise. Once the area has been used a little, these will become much less noticeable.
7 The bond between macadam and wet-pour cannot be guaranteed, Achilles Sport and Leisure always recommend the use of a RUBBER edge detail (Star Kerb). Where a chase cut has been applied to a Tarmac surface, the expected expansion / contraction of the surface may lead to cracking of the adjacent Tarmac , this is not a defect with the surfacing and therefore is not covered under warranty.
8 Achilles Sport and Leisure does not warranty the bond between the old and new surface and any movement which may occur in the existing Wetpour surface including those caused by refractive cracking. Note: We are unable to specify any Critical Fall Height (CFH) when overlaying a surface, due to the surface being Overlaid with an additional wearing course layer which can negate the CFH of the existing surface.
9 All edges are primed to ensure a good bond, Achilles Sport and Leisure have NOT allowed for any protection of surrounding edging or surfaces and there IS a risk of resin residue to neighbouring surfaces with this process. Any protection of surrounding / adjacent edging / surfaces should be provided ‘by others’ and is NOT provided by Achilles sport and leisure unless we have specifically quoted for this protection in writing. We cannot accept responsibility for any claims relating to this. All depths indicated are ‘nominal’ depths.
10 Where the finished surface is a blend of black and/or coloured rubber, slight shading variations may be apparent. No guarantee of total consistency can be given due to the materials and blending process.
11 Note that all colours are subject to ultra-violet degradation over time and UV Colour change, some more than others, and total colour stability cannot be guaranteed. We would be happy to advise and offer guidance about the choice of colours for your project.
12 The use of MDI polyurethane binder may affect the finish colour once it is exposed to UV when certain colours are used, e.g. Blue, Grey, Eggshell, Beige, Teal. The industry in general, including us, uses Aromatic resin. Over time the original granule colour should return (timeframe cannot be specified). Achilles Sport and Leisure cannot accept responsibility for any claims relating to this. For larger areas of Blue, Grey, Eggshell, Beige Teal and alike we would recommend the use of Aliphatic (UV Stable) which is available at an Extra Over cost, POA.
13 We have NOT provided for any Site Security. Please note that whilst we will endeavour to protect each site as long as operationally possible, the wet-pour may not have fully cured when we leave site. Achilles Sport and Leisure is not responsible for any damage caused whist we are not on site. Product curing times can extend due to weather. Any vandalism/erroneous encroachment (wildlife, animals, birds or alike) onto the area will not be covered by warranty. Any remedial works in these instances will incur additional charge which we can offer quotations for the repair of.
14 Our standard policies, where we encounter Manhole covers / drain grids etc, is to cover them unless instructed otherwise, as our aim is always to create safe play areas. We can supply / or install appropriate recessed man hole covers with adequate prior notice and at additional cost, if requested. These are the only way to maintain access whenever necessary, without damaging the surface.
15 It is the Client’s responsibility to ensure that there is sufficient clearance under any doors / gates opening onto the area, for the thickness of surface ordered with an adequate margin for expansion.
16 Critical Fall Height (CFH) of surfacing is achieved at the time of installation only. The client is responsible for ongoing maintenance of the surface to ensure the CFH is maintained.
17 Our standard guarantee on all surfacing is 12 months, subject to the conditions in the warranty section of our Terms of Business. No Warranty is offered for Wetpour repairs.
18 During the Warranty Period the company will remedy any defect in the surface by a localised repair to the affected area(s), which results from faulty materials or workmanship, in the manufacture and installation of the surface. We do not guarantee a jointless installation or for shrinkage which is a natural occurrence of Wetpour as a product.
19 Defects in the surface will be repaired initially by use of graphics / patches, and under no circumstances shall Achilles Sport and Leisure be expected to replace entire sections of surface that has minor elements requiring remediation. Remediation work will be guaranteed for the balance of the original warranty term.
20 Atmospheric conditions will generate expansion and contraction of the joints and these will settle throughout the seasons. Should any excessive expansion joints arise and cause concern, these will be reviewed in line with the terms of the guarantee, gaps of +9mm will be repaired under warranty. Gaps of less than 9mm will be deemed as an expected limitation of the product.
21 It is the main contractors responsibility to ensure good drainage to any site. We will not accept any responsibility for any loss or damage caused by drainage issues, furthermore any additional labour, materials or waiting time costs incurred by Achilles Sport and Leisure will be charged to the customer accordingly.
22 All costs incurred due to abortive visits, waiting time will be charged at a rate of £850 per day. This charge will also be applicable, if due to site delays on the day of scheduled installation, it results in us not completing our allocated work. Additional labour and materials used to make up levels will be charged for.
Achilles Sport and Leisure cannot guarantee the bond between old and new Wetpour safer surfacing. The reason is due to differing rates at which Wetpour expands and contracts. This includes (but is not limited to) Perimeter Band Repairs and Patch Repairs.
Resin Bound and Suds Surfaces
1 Even though every care is taken to avoid variation in colour and size of aggregates these materials are natural occurring and no guarantee can be given.
2 The sample colours are a representative and no guarantee can be given in variation to colour or aggregates.
3 As our aggregates are naturally occurring products, they may contain very minor quantities of iron bearing minerals which can break down with weathering with resultant rust staining. Any controls of this situation are beyond our control. Achilles Sport and Leisure do not accept responsibility for any claims relating to this.
4 Quotations are subject to a site visit to agree area and levels.
5 Quotations are conditional for a suitable base being provided by others.
6 Unloading and distribution of materials around the site is NOT included.
7 Quotations are offered on the basis of suitable edge restraints being provided by others unless specifically quoted for in writing and instructed.
8 Quotations are offered on the basis that all the traffic management before, during, and after laying the material and protection of the uncured surface is provided by others.
Fencing and protection from foot traffic is not included.
9 Occasional joints may be required in the final surface depending on area laid.
10 Resin Bound Stone/Gravel is a hand laid system and as such some trowel / roller lines may be visible upon completion. These lines are normally only visible at dawn / dusk, with certain low light conditions e.g. sunset/sunrise. Once the area has been used a little, these will become much less noticeable.
11 Cracks or joints in any underlying concrete may reflect through to the surface. Achilles Sport and Leisure do not accept responsibility for any claims relating to this.
12 Movement from existing tree roots may also cause cracking. Achilles Sport and Leisure do not accept responsibility for any claims relating to this.
13 Quotations are based on normal weekday rates: evening/night , weekend and Bank Holiday
work will incur extra costs.
14 Waste disposal is NOT included and assumes free use of skips onsite.
15 Areas in excess of the minimum stated are subject to re-measure after installation.
16 Areas less than the minimum stated will be subject to revised rate.
17 All costs incurred due to abortive visits, waiting time will be charged at a rate of £850 per day. This charge will also be applicable, if due to site delays on the day of scheduled installation, it results in us not completing our allocated work. Additional labour and materials used to make up levels will be charged for.
19 12 Month Warranty applies to Resin Bound Surfacing, subject to the conditions in the warranty section of our Terms of Business.
20 If an installation is heavily covered in moss, or very dirty so that it takes over a day to clean satisfactorily so that products can be applied properly, additional charges may be made. It is difficult to know the strength and integrity of an existing macadam surface until cleaning has started on site. If we are instructed to stop cleaning due to the breaking up of a macadam surface, this will be charged as a wasted day.
21 A call-out charge may be made if work cannot be carried out because of access problems, failure to accept advice on weather conditions, failure to ensure courts are clean and free of moss (if that is your responsibility) or any other reason that is not the fault of Achilles Sport and Leisure.
22 Repairs / Cleaning of debris charges will only be incurred if it takes longer than 30 minutes to do the task, and will be agreed before work is carried out.
23 Occasional joints may be required in the final surface depending on area laid.
24 Cracks or joints in any underlying concrete may reflect through to the surface as will any ‘open’ texture of the existing macadam surface.
Movement of existing tree roots may also cause cracking which is not covered under our guarantee.
25 Lead time – normally within 6 weeks from the date of order – depending on availability of raw
materials etc., please ask for a programme date at the time of ordering.
26 This Quotation is based on normal weekday rates: evening/night , weekend and Bank Holiday
working will incur extra costs.
27 Areas in excess of the minimum stated are subject to re-measure after laying.
Equipment and Sub Structures Including Surfacing & Sports Construction
1 Where safety surfacing is to be laid beneath existing equipment, especially moving units such as roundabouts and swings, ground clearance should be maintained in accordance with BSEN 1176. Unless we have specifically quoted for it, no allowance has been made for height adjustment, which shall be the client’s responsibility.
2 In the absence of a suitable site investigation report we have assumed and priced for any excavation and disposal items on the basis of the material being inert and non hazardous.
3 When we have quoted for either equipment installations and / or preparation of ground works, price assumes machine access for ground works required to complete Achilles Sport and Leisure preparation works if undertaken. We have allowed for excavating in normal (soft) soil conditions over a flat site, if not flat we will follow contours unless instructed otherwise in writing.
4 Additional costs incurred due to ground conditions such as rock or running sand or obstructions such as concrete, tree roots or utility services will be charged for. All quoted ground preparation assumes ‘soft dig’.
5 Substructures must conform in all respects to our groundwork specification. Note in particular that any Wet-pour surface less than 40mm thick requires an acceptable standard of solid sub base i.e. Tarmac or no-fines concrete base. We cannot guarantee movement or soft spots in the surface or substructure, where a dynamic sub base has not been installed by us.
6 We strongly advise that, where possible, Rubber edging should be used to retain wet-pour surfacing. Should the client specify/order treated timber or other edging or omit any formal edging (including directly to Macadam, we do not guarantee adhesion between Wet-pour surface and any edging other than Rubber Edging.
Rubber Mulch
1 Rubber Mulch is a recycled and colour coated SBR rubber product emanating primarily from the automotive industry and as such contains carbon and other compounds which may stain susceptible materials meaning that colour run and carbon blacking may occur. For this reason, we do not recommend this product be laid in areas intended for use by toddlers and young children who may crawl / sit on the surface.
2 The price given assumes that the work can be completed in one visit and that no additional
shaping or levelling is required, unless specifically quoted for.
3 Adjustment of adjoining surfaces, soiling, seeding and landscaping are not included in our offer unless specifically written.
4 We cannot guarantee movement or soft spots in the surface or sub structure, where a dynamic sub base has not been installed by us.
5 Rubber Mulch is frequently specified for installation onto existing grassed areas. Whilst care to ensure the suitability of the ground conditions at the time of specifying the product, there can be occasions when the ground beneath the Rubber Mulch, over a period of time, can move causing the Rubber Mulch to follow the contour of the underlying ground. Achilles Sport and Leisure does not cover the cost of repairing these resulting depressions in the surface of the Rubber Mulch. Should this be of concern, an engineered sub base should be installed prior to rubber installation. No guarantee can be given in relation to strength or drainage performance of the sub structure.
6 The use of MDI polyurethane binder may affect the finish colour once it is exposed to UV The industry in general, Over time the original colour should return (timeframe cannot be specified). Achilles Sport and Leisure cannot accept responsibility for any claims relating to this.
7 The customer / client is reminded that it is their responsibility to ensure grassed areas are regularly cut and maintained to a height not exceeding 40mm, prior to the installation of any surfacing that may be ordered. Failure to do so will incur costs for delays; any aborted visits or any other cost interrupting planned work.
8 There is a risk of black staining under abrasion. We cannot accept any responsibility for any claims relating to this. The Rubber Mulch is a recycled material and may contain quantities of carbon black and therefore it should not be considered to be non-staining in any circumstances.
9 Areas installed with Rubber Mulch that are exposed to sustained high temperatures for prolonged periods, will have greater absorbency and heat retention properties than lighter colours. Rubber Mulch therefore, is not recommended for areas predominantly used by babies and toddlers where skin contact during crawling/sitting may be affected by staining / surface temperatures.
10 We have NOT provided for any Site Security. Please note that whilst we will endeavour to protect each site as long as operationally possible, the Rubber Mulch may not have fully cured when we leave site. Achilles Sport and Leisure is not responsible for any damage caused whist we are not on site. Product curing times can extend due to weather and atmospheric conditions. Any vandalism/erroneous encroachment (including by Wildlife, pets, birds or similar) onto the area will not be covered by warranty. Any remedial works in these instances will incur additional charges.
11 Herras fencing is not provided, if required this will an additional charge once agreed.
12 Our standard policy, where we encounter Manhole covers / drain grids etc, is to cover them unless instructed otherwise, as our aim is always to create safe play areas. We can supply / or install appropriate recessed man hole covers with adequate prior notice and at additional cost, if requested. These are the only way to maintain access whenever necessary, without damaging the surface, but should not fall within any Equipment ‘free space’. Where Rubber Mulch surfacing is laid over existing sub bases / surfaces, we do not offer any guarantee to structural integrity of the surfaces we lay over. A Type 1 stone sub base specification is always recommended.
13 Rubber Mulch surfacing is designed to follow existing site contours / ground profile. It is designed to be a natural rustic surface and we do not guarantee this to be flat surface once installed.
14 Indicated surface depths are ‘nominal’ where not laid over flat surfaces meeting our Ground Work specification
15 Heavy usage will result in flaking but unless mechanical means are used to remove parts of the surface, the integrity of the surface for fall height considerations will be maintained.
16 Whilst every effort is made to produce the required surface, instances may arise which require remedial action. In this unlikely event, Achilles Sport and Leisure will, subject to the merits of the situation, take any steps necessary to re-instate the integrity of the surface.
17 Critical Fall Height (CFH) of surfacing is achieved at the time of installation only. The client is responsible for ongoing maintenance of the surface to ensure the CFH is maintained.
18 We have not allowed for any ground or edge preparation, unless it has been specified on our quotation and ordered. .
19 It is the Client’s responsibility to ensure that there is sufficient clearance under any doors / gates opening onto the area, for the thickness of surface ordered with an adequate margin for expansion.
20 All costs incurred due to abortive visits, waiting time will be charged at a rate of £850 per day. This charge will also be applicable, if due to site delays on the day of scheduled installation, it results in us not completing our allocated work. Additional labour and materials used to make up levels will be charged for.
22. Our staff, carry out inspections rigorously and in good faith, but from the nature of the work cannot accept any liability for accidents or injury suffered to third parties using the site, and you are strongly advised to ensure that you are fully insured against any such liabilities.