Terms and Conditions
Celtic Developments Ltd
T/A Total Leisure Group Limited
1. Definitions
The Product means any item supplied by Celtic Developments Ltd T/A Total Leisure Group Limited, as identified by isometric designs, plan views, elevations, and/or proposal documentation.
2. Basis of Contract
These Terms and Conditions apply to all quotations, offers, orders, acknowledgements and Contracts entered into by Celtic Developments Ltd T/A Total Leisure Group Limited.
No other terms shall apply unless expressly agreed in writing. These Terms take precedence over any terms proposed by the Client.
3. Orders and Pricing
The Client agrees to purchase and Celtic Developments Ltd T/A Total Leisure Group Limited agrees to sell the Product in accordance with an accepted order.
The price payable shall be either:
- The price agreed and stated in the order acknowledgement; or
- If no price is agreed, the price stated in the current proposal document at the date of delivery.
All prices are exclusive of VAT, which shall be charged at the applicable rate.
4. Payment Terms
Payment terms are detailed in the Executive Summary of the proposal document.
Unless otherwise agreed in writing, payment shall be made as follows:
- 50% deposit with order
- 40% upon delivery of goods to site
- 10% upon completion of installation
All deposits are non-returnable.
Interest will be charged on overdue amounts at 4% per month above the base rate of Lloyds TSB plc.
5. Installation and Completion
Installation is deemed complete when the Product is in use or available for use.
Any snagging items identified at practical completion will be resolved within 10 days and do not affect completion status.
6. Cancellations and Variations
No Contract may be cancelled or materially altered without prior written consent from Celtic Developments Ltd T/A Total Leisure Group Limited.
7. Risk, Delivery and Storage
Risk in the Product passes to the Client:
- On delivery to site; or
- On collection by the Client, at the point of loading.
The Client is responsible for insuring the Product from this point.
The Client shall ensure the safekeeping of Celtic Developments Ltd T/A Total Leisure Group Limited’s tools and equipment while on site.
8. Title and Ownership
Title to the Product remains with Celtic Developments Ltd T/A Total Leisure Group Limited until all outstanding amounts are paid in full.
Until title passes, the Client must:
- Store the Product separately and clearly identified
- Act as bailee of the Product
- Permit access to repossess unpaid goods if required
Products must not be pledged or used as security while title remains with Celtic Developments Ltd T/A Total Leisure Group Limited.
9. Resale of Goods
If the Client resells the Product before title passes:
- Sale proceeds must be held on trust
- Funds must be paid into a separate trust account
- Debts must be assigned on request
10. Delivery Dates
Delivery dates are estimates only and not contractually binding.
Delays do not entitle the Client to cancel the Contract or claim compensation.
11. Product Specification
The quantity, quality and description of the Product shall be as agreed in the order or proposal document.
12. Limitation of Liability
Celtic Developments Ltd T/A Total Leisure Group Limited’s total liability shall not exceed the price paid for the Product.
Indirect or consequential losses are excluded except where prohibited by law.
13. Legal Provisions
If any provision is deemed invalid, the remaining provisions remain in force.
Failure to enforce any right does not constitute a waiver.
Statutory references include amendments and re-enactments.
The Client may not assign the Contract without written consent.
14. Governing Law
These Terms are governed by English Law and subject to the non-exclusive jurisdiction of the English Courts.
15. Regulatory Compliance
The Client is responsible for obtaining all relevant approvals including Fire Officer and Building Control.
The Product must be used in compliance with all applicable laws and regulations.
16. Maintenance and Operation
The Client must ensure the Product is properly maintained, cleaned, supervised and inspected.
Any dangerous fault must result in immediate closure and notification to Celtic Developments Ltd T/A Total Leisure Group Limited.
Age restrictions, height limits and rules of play must be enforced at all times.
17. Warranty
Celtic Developments Ltd T/A Total Leisure Group Limited warrants:
- Steel components for 5 years
- Soft play components for 1 year (unless otherwise agreed)
The warranty excludes defects caused by misuse, unauthorised repairs, fair wear and tear, unpaid accounts, or client-supplied designs.
Third-party components are covered only by the manufacturer’s warranty.
18. Claims
Defect claims must be reported within 7 days of delivery or within a reasonable time of discovery.
Remedies are limited to repair, replacement, or refund at Celtic Developments Ltd T/A Total Leisure Group Limited’s discretion.
19. Force Majeure
Celtic Developments Ltd T/A Total Leisure Group Limited shall not be liable for failure or delay caused by events beyond reasonable control, including:
- Acts of God
- War or civil disturbance
- Government actions
- Industrial disputes
- Supply or power failures
