Standard Terms and Conditions of Trading

These Terms and Conditions apply (unless otherwise agreed in writing) to the supply of goods by Activity Playgrounds trading as Parts for Playgrounds (“we”, “us”, or “our”) to a purchaser (“you”) from time to time. Any supply of goods by us to you after the acceptance of these Terms and Conditions is deemed to be under the supply agreement formed by these Terms and Conditions and the relevant order accepted by us. No separate agreement is formed unless explicitly agreed to in writing.

Purchaser Obligations

1. Suitability of Goods:
   As the purchaser or playground operator, you are responsible for ensuring that the goods purchased are suitable for their intended purpose. This includes considerations such as user age group, applicable regulations, supervision requirements, and site characteristics. If we provide advice or designs, they are based on the information you provide, and it is your responsibility to disclose any relevant details prior to ordering. We will not be held liable for any issues arising from incomplete or inaccurate information.

2. Safety Responsibilities:
   You must ensure the equipment is in safe working order before it is used. This includes arranging appropriate insurance, obtaining necessary permits, and ensuring compliance with regulations. Certificates of Standards Compliance can be issued upon request. Adequate supervision is always required during use, and regular safety inspections and maintenance must be conducted as outlined in the Owner’s Manual.

3. Risk Acceptance:
   You acknowledge that all children’s play carries inherent risks and accept these risks when purchasing and/or operating the equipment.

Quotations and Orders

1. Validity of Quotes:
   Written quotations are valid for 60 days unless stated otherwise. Prices are subject to change after this period, and the price at the time of supply will apply unless otherwise agreed in writing.

2. Order Confirmation:
   An order is binding when we acknowledge it in writing or dispatch goods/services. Acceptance of your order by us constitutes acceptance of these Terms and Conditions, overriding any terms stated in your purchase order.

3. Cancellations and Modifications:
   We reserve the right to reject or modify orders at our discretion. Orders may not be cancelled without our written consent, which may be withheld at our sole discretion.

4. Invoices:
   In cases where a written order is not provided, the issued invoice will be deemed accurate and binding.

Payment

1. Terms:
   Payment terms will be outlined in the quotation or invoice. Prices are exclusive of GST unless otherwise stated and are subject to applicable GST.

Title to Goods

1. Retention of Ownership:
   Ownership of goods remains with us until full payment of all amounts owed is received.

2. Risk of Loss:
   Goods are at your risk upon delivery or collection. 

3. Recovery of Goods: If payment is not made, we reserve the right to recover goods from your premises without liability for trespass or damages.

Delivery and Installation

1. Delivery Risk:
   Risk passes to you upon delivery or collection. Insurance is your responsibility from that point onward.

2. Site Conditions:
   You are responsible for ensuring the site is safe and complies with workplace health and safety regulations during installation. Additional charges may apply if unforeseen obstructions or delays occur.

3. Permits and Approvals:
   You must obtain all necessary permits and approvals before installation. We are not liable for modifications required due to regulatory requirements post-installation.

4. Variations:
   We reserve the right to modify product designs without notice. Completed units may differ slightly from catalogue images or illustrations.

Warranties and Liability

1. Warranty:
   Our goods are warranted against defects as outlined in the Standard Warranty provided at the time of supply.

2. Limitation of Liability:
   To the extent permitted by law, our liability is limited to repair, replacement, or refund of the goods. We will not be responsible for indirect or consequential losses, including lost profits, increased costs, or third-party claims.

General

1. Force Majeure:
   We are not liable for delays or failures caused by circumstances beyond our control, such as natural disasters, strikes, or other unforeseen events.

2. Governing Law:
   These Terms are governed by the laws of Victoria, Australia, and disputes will be resolved in Victorian courts.

3. Severability:
   If any term is deemed invalid, it will be severed, and the remaining terms will remain enforceable.

4. Entire Agreement:
   These Terms constitute the entire agreement between the parties and may only be amended in writing.