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Our Website

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By using our website (www.technicaloutdoorsolutions.co.uk), you agree that Technical Outdoor Solutions Ltd as the Data Controller, registered in accordance with the Data Protection Act, can use any information you post on the website. The content of this website may not be copied, reproduced, modified, downloaded or used in any form without the prior written permission of Technical Outdoor Solutions Ltd, except when this occurs while using the site for private and non-commercial use. Please only use our website for lawful purposes. You are prohibited from any activity which is unlawful, may harm or inconvenience Technical Outdoor Solutions and other users of our website. Examples of which include; the transmission of viruses, malware, spam, fraud and breach of privacy. We reserve the right to cancel any orders/accounts and refuse access to any part of our website at our discretion. If we cancel any orders we will not charge you for those goods/services ordered. You agree to take responsibility for all orders and take all necessary steps to keep your billing and delivery information up to date.

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We strive to keep our website content accurate and error free. However, whilst we make every effort to maintain and keep our content up to date, no responsibility can be accepted for errors and omissions. We reserve the right to alter our prices and specifications without notice.

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The following terms and conditions apply to the use of our Technical Outdoor Solutions website. Please read through the terms and conditions. If you do not agree with the terms and conditions do not use this website. If you do access www.technicaloutdoorsolutions.co.uk and /or place an order, you agree to be bound by the terms and conditions set out below.

The Courts of England and Wales will have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with our www.technicaloutdoorsolutions.co.uk website and its use, including these terms and conditions.

How to Place an Order

All orders can be placed online via our Gear Shop and secure card payment facility. Please do not e-mail your card details as we can’t accept responsibility for the security of your details if provided in this way. All orders are subject to availability.

Acceptance of Order

No order placed by you will be deemed to be accepted by Technical Outdoor Solutions until a written acknowledgement of your order is issued by Technical Outdoor Solutions or (if earlier) Technical Outdoor Solutions delivers the goods to you.

Method of Payment

You can pay either by VISA, Master Card, Switch, Maestro, Solo, JCB or Visa Electron. All payment card transactions are processed securely by World Pay. We are unable to accept cheques, cash, or postal orders via the website. It is important that you provide the cardholder’s name exactly as it is shown on the card and address exactly as it appears on the card statement. No responsibility can be taken by Technical Outdoor Solutions for incorrect or incomplete details submitted via the website. Orders without this information will not be successfully processed. Card fraud is illegal and perpetrators will be prosecuted in all cases. We will take payment in GB Pounds Stirling (GBP) and your payment card will be charged accordingly. If you contact us to place a special overseas order, payment will be calculated, based on the exchange rate at the time the payment is taken.

Out-of-Stock Items

If any item you have chosen is unavailable we will contact you by e-mail in the first instance. Out of stock goods marked ‘To Follow’ on your delivery note will be forwarded automatically- you don’t need to contact us again.

Our Pricing Policy

VAT & The European Union: All products on our website are priced in GB Pounds Stirling (GBP) and INCLUDE VAT at the appropriate local rate. Any duties or local taxes are payable by the purchaser at the appropriate local rate. The price you pay is the price displayed on the final order form, once all relevant taxes and shipping have been added. The following exceptions apply.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If at that point you cancel your order and you have already paid for the goods, you will receive a full refund.

Third Party Sites

Technical Outdoor Solutions is not responsible for the content of external internet sites. Please see our Privacy Policy for more information.

Delivery

We aim to dispatch goods in stock as quickly as possible, however, for a guaranteed delivery date please email us. Our Postage, Packing & Returns Policy gives more information. At this time, we are unable to deliver to PO Boxes, so any delivery to such an address will not be processed. We will contact you to arrange alternative delivery options.

We only deliver to mainland United Kingdom for orders placed through our website. For orders placed with delivery addresses outside of this area we reserve the right to either contact you to agree an alternative delivery cost or cancel the order.

Return of Goods Policy

Goods can be returned for a full refund (including delivery charge) if they are faulty or if we dispatch the wrong item. This must be within 7 days after receipt of goods. Please see our Postage, Packing & Returns Policy for more information.

Cancellation Policy

We aim to meet The Distance Selling Regulations and subject to the provisions of our Delivery & Returns, every customer has the right to cancel their order within 7 days of receiving the goods.

Complaints

We aim to deal with all complaints as efficiently as possible. In the first instance, please email your complaint. Alternatively write to the Customer Service Department, Technical Outdoor Solutions, Unit B Skirsgill Business Park, Penrith, Cumbria, CA11 0FA. We aim to acknowledge any emailed or mailed complaint within 7 days, and we will contact you with the findings of our investigations as soon as possible. Our acknowledgement will always include the name of the person who is handling your case

Data Protection and Privacy

Any details which you provide to us from which we can identify you are held and processed lawfully and in accordance with the Data Protection Act 1998. Our Privacy & Cookie Policy gives more information.

Technical Outdoor Solutions ltd is responsible for transactions processed on the website.

Collection and Use of Information

We will not pass your information on to any third parties for marketing purposes. Our website contains links to other websites with their own privacy policies, Technical Outdoor Solutions are not responsible for the privacy policies of any third party. Users who no longer wish to receive information may opt-out of receiving these communications by emailing us.

Security

Our website takes precautions to protect users’ information. Our Privacy & Cookie Policy gives more information. We are PCI-DSS compliant.

We take our website security very seriously. However, Technical Outdoor Solutions makes no guarantee that this website is free from computer viruses or any other malicious computer program. If you feel that we are not abiding by our privacy policy, you should first contact us, letters should be addressed to the Compliance Officer, Technical Outdoor Solutions, Unit B Skirsgill Business Park, Penrith, Cumbria, CA11 0FA.

Liability – Technical Outdoor Solutions

The information contained in the content of our website is for informational use only. The material on our website does not constitute advice and you should not rely on any content on this website to make any decisions or take any action. Technical Outdoor Solutions does not make any warranty or representation as to the accuracy or fitness for purpose of any of the content on this website and in no event will we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limit, loss of business, revenue, profits, or consequential loss) howsoever resulting from use of, or inability to use this website.

Copyright

Unless otherwise specified, the copyright of the content in all the pages on our website is owned or licensed to Technical Outdoor Solutions, or are used with permission from the owner. As mentioned earlier, the contents of this website may not be copied, reproduced, modified, downloaded or used in any form without the prior written permission of Technical Outdoor Solutions except when this occurs incidentally while using the site for private and non-commercial use.

A Note about Safety

Working at height, in confined spaces, climbing, mountaineering and other similar activities can be hazardous. The selection and use of suitable equipment for particular tasks and climate conditions does require skill. In the interests of your safety and the safety of others, you should ensure that you are properly equipped and trained in the use of the equipment. You should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. We recommend that you seek and take the advice of a person who is suitably qualified before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers’ instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights. Accuracy of the colours represented is dependent on what the website allows.

 

Standard Terms & Conditions for Design, Supply & Construction

TECHNICAL OUTDOOR SOLUTIONS Ltd

STANDARD TERMS & CONDITIONS

for the Design, Supply,Construction, repair and maintenance of all 

HIGH AND LOW ROPES, OBSTACLE, ADVENTURE AND ASSAULT COURSES

Agreement between

TECHNICAL OUTDOOR SOLUTIONS LIMITED

AND the CLIENT

 

 

1. DEFINITIONS

In these Terms and Conditions:

The terms and conditions in this document are between Technical Outdoor Solutions and the Client.

“The Contractor” means Technical Outdoor Solutions Ltd. (hereafter referred to as TOS).

“Project Costs” means the costs payable by the Client to TOS for the Works, as varied in accordance with these Terms and Conditions.

“The Client” means as such in the proposal.

“The Proposal” means TOS signed written proposal or quote including relevant technical drawings referring to these conditions.

“Works” means the design and construction of the ropes course(s) and the supply of all related goods and services to be provided by TOS as described in the Proposal.

 

2. CONTRACT FORMATION

The Project Contract shall come into effect upon agreement and signature or by payment of the Proposal by an authorised representative of each of TOS and the Client and all terms and conditions purporting to apply to the Works and/or the Project inconsistent with these Terms and Conditions are

 

3. GENERAL OBLIGATIONS

3.1  TOS shall exercise reasonable skill and care in the performance of the Works.

3.2  TOS shall ensure that the design and construction of the Products supplied under the Project Contract shall comply with statutory requirements and regulations relating to the Products and the Works at the time when the Works are carried out.

3.3  It is the responsibility of the Client to ensure that TOS has unfettered access to the premises (and, where required, mains water and electricity) as reasonably required by TOS to enable it to carry out and complete the Works without interference by the Client or End Operator. It is also the responsibility of the Client to ensure that all relevant permissions and consents have been obtained to allow TOS access to carry out the Works. Any delays caused by the failure to provide the necessary access shall be charged to the client at the daily rate of £350 per person per day (ex. VAT) plus plant hire and any other associated costs incurred.

3.4  TOS shall take reasonable precautions to minimise damage to the ground whilst working with vehicles plant and machinery. The Client accepts that should such damage occur then, unless expressly agreed otherwise and documented in the Project Contract, TOS is under no obligation to make good such damage.

3.5  If the construction is using trees then the client must have an in-date tree report for all trees that are being used. TOS accepts no responsibility for any damage to people, property or the course due to failure of a tree, trees or parts of.

3.6 It is the responsibility of the client to ensure that all necessary planning consents have been obtained prior to TOS commencing the Works and that TOS are notified by the client, in advance of commencement of those Works, of any restrictions, limitations and/or conditions imposed by planning consents and/or regulations. TOS reserves the right to amend the quote as necessary in order to comply with any such conditions.

3.7 TOS shall not be liable for the costs of removal or alteration of any Works carried out under the terms of the contract in breach of planning regulations. The Client will be liable for any additional costs incurred in such removals or alterations.

 

4. VARIATION

4.1  If the Client wishes to vary any of the specifications for the Works as contained in the Proposal or any variation of it, they will inform TOS who will, as soon as practicable, notify the Client of the estimated cost of the variation and the effect on the proposed timescales for the Project.

4.2  Unless the Client withdraws its request for a variation to the Proposal when the Client receives TOS’s revised estimate for the variation, the Project Costs will be adjusted in accordance with TOS (or as otherwise agreed between the Client and TOS) and an appropriate extension of time for completion of the Works shall be agreed.

4.3  If a variation is made orally, either TOS or the Client will confirm it in writing within three working days. If such a variation is not confirmed in writing it shall be deemed to not have been issued.

4.4  TOS will notify the Client if it encounters any difficulties which it could not have reasonably foreseen when submitting the Proposal and in those circumstances, a fair and reasonable adjustment to the Project Costs and proposed or agreed timescales will be made.

Unforeseen encounters include the following:

a. Changing weather conditions preventing or restricting working hours; in such cases TOS reserves the right to add to the project costs the additional labour, transport, accommodation and plant hire incurred as a result of any delays caused by weather, for example (but not limited to) prevention of safe working at height or cold temperatures restricting concreting.

b. Damage to undetectable underground services if not shown on service maps provided by the Client;

c. Physical conditions (other than in a and b) including sub soil conditions and/or ground contamination and/or artificial obstructions which conditions or obstructions could not, in his opinion, have been foreseen by an experienced contractor.

d. Delays caused by the actions of the Client or End Operator;

e. Delays caused by other contractors on the Client’s premises;

f. Delays caused by theft or damage to plant machinery or materials by a third party;

g. Force majeure.

4.5  TOS reserves the right not to comply with any requests for a variation which would increase the value of the Works by more than 25% of the original Project Costs.

 

5. PROJECT COSTS & PAYMENT

5.1  The Project Costs are stated in the Project Contract and they may be varied in accordance with these Terms and Conditions.

5.2  Payment of the deposit in the Project Contract is an acceptance by the client of these terms and conditions.

5.3   TOS shall not commence work nor order any materials until cleared funds for the deposit have been received.

5.4  The Client shall pay TOS the Project Costs in accordance with the payment terms in the Project Contract.

5.5  Late payment shall incur interest at the rate of 8% above the bank rate in accordance with The Late Payment of Commercial Debts (interest) Act 1998.

5.6 For the avoidance of doubt, TOS may exercise its statutory right to claim interest and compensation for debt recovery costs pursuant to The Late Payment of Commercial Debts (interest) Act 1998 if payment is not made according to the payment terms agreed in the Project Contract.

 

6. INSURANCE

6.1  TOS shall take out and/or maintain the following insurances in respect of the Project (except as otherwise agreed or stated in the Proposal):

  • Construction: All Risks insurance for the full reinstatement value of the Works;
  • Public Liability Insurance £5,000,000;
  • Employer’s Liability Insurance £10,000,000.

6.2  On occasion the nature and/or location of the site on which the Works are to be carried out will require special insurance cover for risks not covered under TOS normal insurances (for example, if there were a gas main located under the site).  In such cases, the Client shall reimburse TOS for the additional premiums payable for such special insurance.

6.3  TOS will provide the Client, upon request during the period during which TOS is carrying out the Works, evidence that the insurances are in place and that premiums have been paid up to date.

 

7. HANDOVER, WARRANTY & DEFECTS LIABILITY

7.1  TOS warrants to the Client that the Works will be carried out using reasonable care and skill and, as far as reasonably possible, in accordance with the design and specification as set out in the Project Contract.

7.2  TOS shall give the Client notice of its intention to hand over the Works and give the Client and / or the end Operator the opportunity to inspect the Works prior to handover.  TOS will confirm the date of handover to the Client in writing.  On handover the Works will be certified to European Ropes Course Association (ERCA) minimum standards for design and construction in particular standard EN 15567-1 safety requirements and test methods (or any amended, updated or revised version of such standard in effect at the date of the hand over).

7.3  TOS shall be responsible for remedying defects in the Works which appear within 12 months from the date of handover and which are notified to TOS by the Client within no longer than 7 days of such defects coming to the attention of the Client or the End Operator who shall give and/or procure that the End Operator gives TOS full access to carry out any remedial works.

7.4  Nothing in the Agreement shall limit TOS liability in respect of claims for death or personal injury caused by:

(a) the negligent or wilful acts or omissions of TOS its servants, agents or contractors in supplying, delivering and installing the Products or in carrying out the Works;

(b) the breach of any provision of the Project Contract by TOS;

(c) any defect in the workmanship, materials or design of the Products.

7.5  Where TOS supplies in connection with the provision of the Works any goods supplied by a third party, TOS does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person or company supplying the goods to TOS.

7.6  TOS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from:

(a) any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, which constitute a misunderstanding or miscommunication between the Client and the End Operator or from any other fault of the Client or the End Operator.

(b) use of the Products other than in accordance with European Ropes Course Association (ERCA) standards and in particular standard EN 15567-2 operational requirements.

7.7  Except in respect of death or personal injury caused by TOS’s negligence, or as expressly provided in these Terms and Conditions, TOS shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Project Contract, for any indirect, special or consequential loss, damage, costs, expenses or other claims including but not limited to loss of profit or loss of use (whether caused by the negligence of TOS, its servants or agents or otherwise) which arise out of or in connection with the Works (including any delay in providing or failure to provide the Works).

 

8. TERMINATION                                                                                                    

8.1  TOS may give notice to terminate the Project Contract if the Client fails to make any payment becoming due within 30 days of the due date or commits any other material breach of the Project Contract.

8.2  The Client may give notice to terminate the Project Contract if TOS commits a material breach of the Project Contract and, in the case of a breach capable of remedy fails to take steps to remedy the breach within 30 days of being requested to do so in writing.

8.3  Either party may terminate the Project Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.

8.4  Termination will not affect the accrued rights and liabilities of the parties at the termination date.

 

9. ENTIRE AGREEMENT                                                                                   

The Proposal and these Terms and Conditions constitute the only agreement between the parties and supersede any previous arrangements, agreements or understandings relating to the Works.

 

10. DISPUTES

10.1 Each party to the contract has the right to invoke adjudication as set out in s. 108 The Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009.

10.2  If necessary, every dispute will ultimately be determined by the courts of England.

 

11. GOVERNING LAW

The contract will be governed by the laws of England.