TERMS AND CONDITIONS OF PRODUCTS ANDSERVICES

THE MOBILE PADEL COMPANY

Definitions

  • Supplier: Refers to The Mobile  Padel Company (a trading name of Swift10 Ltd), the party providing and installing Padel tennis court(s), Padbol court(s) and or canopy(ies)
  • Client: Refers to the party  purchasing the supply and installation services for the Padel tennis court(s), Padbol court(s) and or canopy(ies)
  • Product: Padel tennis court(s), Padbol court(s) and or canopy(ies) including all materials and equipment necessary for installation.
  • Site: The location where the Padel  tennis court(s), Padbol court(s) and or canopy(ies) will be installed.

2. Scope of Work

  • The Supplier agrees to deliver the Padel tennis court(s), Padbol court(s) and or canopy(ies) at the Site according to the specifications provided in the purchase agreement.
  • Installation is only covered by the SoW if it has been quoted and agreed as part of the purchase agreement.
  • Any additional work or modifications requested by the Client outside the initial specifications may incur additional charges and require written approval by both parties.

3. Quotations and Prices

  • Quotations are valid for a period of 30 days from the date  issued.
  • All prices are subject to change if additional work or changes  are requested by the Client after the quotation is accepted.
  • The prices quoted exclude any taxes, duties, or fees unless  expressly stated otherwise.

4. Payment Terms

  • A non-refundable deposit of 50% of the total cost is required upon acceptance of the quotation to secure the order.
  • The remaining balance shall be paid according to a payment  schedule, which includes:
       
    • 30% upon confirmation of shipping from Turkey
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    • 20% upon final inspection and acceptance
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  • Late payments may incur a late fee of 8.1% per month, and the Supplier reserves the right to halt work until payments are current.

 

5. Delivery and Installation

  • The Supplier will coordinate with the Client and our  installation team to determine a mutually acceptable installation schedule, subject to weather conditions, availability of materials, and  other unforeseen circumstances.
  • The Supplier is not liable for delays due to factors beyond its control, including but not limited to, weather conditions, acts of God, labour strikes, or delays in materials from third-party vendors or manufacturers.
  • Any delay on the Client’s part in preparing the Site or in providing agreed-upon access may result in additional charges.

6. Site Preparation

  • A site survey will be required, and the installation cannot go ahead until the site survey has been approved by the supplier and  installation team.
  • The Client is responsible for ensuring that the Site is  accessible, level, and prepared for installation by the agreed date if the client is using their own installation team.
  • If, as part of our purchasing agreement, the supplier is managing the installation team to prepare the groundworks, the client is only responsible for access to the location and must advise the supplier or installation team of any issues with groundworks preparations such as existing cabling, water tables, wells etc. that are not known or advised as part of the site survey.
  • Any additional site preparation required due to Client negligence or inadequate preparation may result in additional charges.
  • The Supplier shall not be held responsible for damages to the site or delays caused by obstacles, debris, or other unforeseen conditions.

7. Warranty and Liability

  • The Supplier provides a warranty on the product. This is a 10-year guarantee on the metallic structure and 5 year guarantee on the turf surface for the Padel and Padbol courts. There is also a 10 year guarantee     on the metallic structure for canopies.
  • The warranty does not cover damage due to misuse, neglect, unauthorized repairs, extreme weather conditions, or improper maintenance.
  • The Supplier’s liability is limited to repairing or replacing the defective part, at its discretion, and does not extend to any indirect, incidental, or consequential damages.

8. Insurance and Risk

  • The Supplier shall maintain appropriate insurance for its employees and operations.
  • The risk of loss or damage to materials passes to the Client upon delivery to the Site. The Client should secure insurance to cover any potential damage from that point onward.

9. Termination

  • The Client may terminate the contract in writing with 14 days’ notice before the commencement of installation. In such cases, the Client will forfeit the deposit of 50% paid as goods will be in transit to the UK.
  • The Supplier reserves the right to terminate the agreement if the Client fails to meet payment obligations or breaches any significant terms of this agreement. Any such termination will not affect the Supplier’s right to seek recovery for costs or damages.

10. Health and Safety

  • Both parties shall comply with applicable health and safety regulations.
  • The Supplier and its assigned installation team shall take all reasonable measures to ensure the safety of personnel and the public at the site during installation.

11. Confidentiality

  • Both parties agree to keep any proprietary information received from the other party confidential, except as required for the completion of the installation or by law.

12. Intellectual Property

  • All intellectual property rights, designs, and specifications provided by the Supplier remain the Supplier’s property and may not be  reproduced, used, or distributed without the Supplier’s consent.

13. Dispute Resolution

  • Any disputes arising from or in connection with this agreement will be resolved through mediation within the United Kingdom including Isle of Man, Guernsey, Jersey and the Republic of Ireland.
  • If mediation fails, either party may seek recourse through the appropriate courts within England & Wales.

14. Force Majeure

The Company may defer the date of delivery or cancel the Contract or reduce the volume of Goods ordered by the Customer(without liability) if it is prevented from or delayed in performing due to circumstances beyond its reasonable control including, without limitation, acts of God, government actions, war or national emergency, riot, civil commotion,fire, explosion, flood, earthquake, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s labour force), or constraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or due to catastrophic machine breakdown.

14. Governing Law

  • This agreement shall be governed by the laws of England & Wales, and all parties agree to submit to the jurisdiction of England  & Wales.

15. Entire Agreement

  • This agreement constitutes the entire understanding between the Client and the Supplier regarding the supply and installation of padel  tennis court(s), Padbol court(s) and canopy (ies) and supersedes any prior agreements, understandings, or representations.