Installation terms and conditions
Introduction
These Terms and Conditions set out the basis on which we supply Goods and/or Services to you in connection with a smart home, audio-visual or related installation project.
They explain our respective rights and obligations, including how a Contract is formed, how we will deliver our Goods and Services, what you can expect from us, and what we require from you in return. They also set out important information regarding payment, liability, warranties and your rights as a consumer. Please read these Terms carefully before accepting a Project Scope or entering into a Contract with us. By doing so, you agree to be legally bound by these Terms. If you do not understand any part of these Terms, or if you have any questions, you should contact us before proceeding.
1.1 Definitions
In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
Ancillary Services: means any services supplied by us which do not fall within the definition of Design Services, Installation and Commissioning Services, Post Commission Services or Support Services, including any additional or incidental services agreed between the parties in connection with the Project.
Bespoke Goods: means any Goods which are made, customised, configured, adapted or procured to your particular requirements or specifications, including where such Goods are not ordinarily held in stock.
Special Order Goods: means any Goods which are procured to your particular requirements or specifications, including where such Goods are not ordinarily held in stock.
Contract: means the legally binding agreement between you and us for the supply of Goods and/or Services formed in accordance with clause 4.3.
Goods: means all goods, materials, equipment and components supplied by us under the Contract, including Bespoke and Special Order Goods.
Services: means all services supplied by us under the Contract, including Design Services, Installation and Commissioning Services, Support Services, Post-Commission Services and Ancillary Services.
Project Scope: means the written specification, proposal or quotation issued by us and agreed by you which sets out the scope of the Project, including the Goods, Services, programme and charges.
Property: means the residential premises at which the Goods are delivered and/or the Services are performed.
VAT: means value added tax chargeable under the laws of England and Wales.
Writing: includes email and any other comparable means of communication.
Website: the website found via the domain www.audioconcept.co.uk.
1.2 Interpretation
(a) References to legislation include any amendment, re-enactment or replacement.
(b) Words in the singular include the plural and vice versa.
(c) Headings are for convenience only and shall not affect interpretation.
(d) References to “including” shall be construed without limitation.
2.1 Entire Agreement
These Terms, together with the Project Scope, constitute the entire agreement between the parties and supersede all prior discussions, negotiations or understandings.
2.2 Consumer Status
You confirm that you are acting as a consumer within the meaning of the Consumer Rights Act 2015.
2.3 Statutory Rights
Nothing in these Terms shall limit or exclude any rights you may have under applicable consumer protection legislation.
3.1 How to contact us
You can contact us by telephoning 01732 807 579 or by writing to us by e-mail (hello@audioconcept.co.uk) or by post (2 Lakeview Stables, Kemsing, Sevenoaks Kent TN15 6NL).
3.2 Period of notice
Any notice given under the Contract shall be in writing and deemed received:
• immediately if delivered by hand;
• 2 working days after posting;
• at the time of transmission if sent by email (provided no delivery failure notice is received).
4.1 Pre-Contract Stage
Any discussions, site visits or preliminary advice are provided on a non-binding basis unless otherwise expressly agreed.
4.2 Project Scope
You are responsible for reviewing the Project Scope in full and ensuring it accurately reflects your requirements prior to acceptance.
4.3 Formation
A Contract shall only come into existence when:
(a) by a written acknowledgement provided by us to you; or
(b) by us starting to supply the Goods and/or Services to you, at which point, a contract for the supply and purchase of such Goods and/or Services (Contract) shall come into existence between you and us. These Terms shall apply to and be incorporated into the Contract.
4.4 Reliance
You acknowledge that you have not relied on any statement or representation not expressly set out in the Contract.
5.1 Cooling-Off Rights
Where applicable, your cancellation rights shall be governed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
5.2 Early Commencement
Where you request that we supply Goods and/or Services within the cancellation period:
(a) you shall pay for all Services supplied up to cancellation;
(b) you acknowledge that cancellation rights may be lost once Services are fully performed.
5.3 Bespoke Goods Exclusion
Cancellation rights do not apply to Bespoke Goods and/or Special Order Goods once production or procurement has commenced.
6.1 Any variation to the Contract must be agreed in writing.
6.2 We reserve the right to revise pricing, timelines and scope where changes are requested or required.
6.3 Where variations are necessitated by site conditions or third-party works, we shall be entitled to make reasonable adjustments.
7.1 Standard of Care
We shall perform the Services using reasonable care and skill consistent with industry standards and the Consumer Rights Act 2015.
7.2 Programme
Any programme or timeline is indicative only and subject to change.
7.3 Dependencies
You acknowledge that performance may be dependent on third parties and site conditions beyond our control. If our supply of the Goods and/or Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
7.4 Third-Party Goods (Non-Supplied Items)
Unless otherwise expressly agreed in writing, we shall have no obligation to install, configure or otherwise work on any goods, equipment or materials not supplied by us.
Where we agree in writing to install or work on goods not supplied by us:
(a) such goods shall be entirely at your risk;
(b) we shall have no liability whatsoever for the performance, quality, compatibility, failure or defect of such goods;
(c) we shall not provide any warranty or guarantee in respect of such goods; and
(d) we shall not be liable for any loss, damage, delay or additional cost arising from or in connection with such goods, including (without limitation) where such goods are incompatible with the Project or other Goods supplied by us.
We reserve the right to refuse to install or work on any such goods where, in our reasonable opinion, they are unsuitable, unsafe or incompatible.
7.5 System Integration and Third-Party Equipment Liability
Where any goods not supplied by us form part of, connect to, or interact with any system, installation or Goods and/or Services provided by us, we shall have no responsibility or liability for the overall performance, functionality, reliability or stability of the system as a whole to the extent that any issue arises from or is contributed to by such goods.
For the avoidance of doubt, we shall not be liable for any system-wide faults, failures or degradation in performance caused in whole or in part by goods not supplied by us.
7.6 Diagnostic and Remedial Works
Where we are requested to investigate, diagnose or remedy any fault, issue or performance problem and such issue is attributable (in whole or in part) to:
(a) goods not supplied by us;
(b) third-party systems, infrastructure or services; or
(c) the interaction between such goods and the Goods and/or Services supplied by us,
we reserve the right to charge for all time spent, including (without limitation) site visits, remote support, diagnostics, testing, reconfiguration and remedial works, at our standard rates in force at the relevant time.
We shall also be entitled to charge for any additional visits, aborted visits or delays caused by such issues.
7.7 Televisions and Mounting Equipment
Unless otherwise expressly agreed in writing, we shall have no obligation to supply, install, mount or otherwise work on televisions, display panels, or associated mounting brackets or fixings.
Where we agree in writing to supply and/or install such items, the scope of our responsibility shall be limited strictly to that expressly agreed, and all other provisions of these Terms (including those relating to third-party goods, liability and warranties) shall apply.
You shall:
(a) provide safe, unobstructed and timely access to the Property;
(b) ensure the Property is suitably prepared for installation;
(c) provide accurate, complete and timely information;
(d) comply with all applicable laws and permissions;
(e) ensure a safe working environment.
Failure to comply may result in delay, additional cost or suspension.
9.1 Delivery
Delivery dates are estimates only.
9.2 Risk
Risk in the Goods passes upon delivery to the Property. You shall be responsible for the security and safekeeping of the Goods once you take possession of them (including as a result of their delivery by us or our supplier of the Goods to the Property).
9.3 Title (Retention of Ownership)
Title in the Goods shall not pass to you until we have received payment in full for all sums due under the Contract.
9.4 Storage
We may charge for storage and handling where delivery is delayed due to your actions.
10.1 VAT
All prices are exclusive of VAT unless stated otherwise.
10.2 Payment Terms
Payment shall be made in accordance with the Project Scope.
10.3 Interest
We may charge interest on overdue sums at 5% above the base rate of Lloyds Bank plc.
10.4 Suspension for Non-Payment
We reserve the right to suspend the supply of Goods and/or Services where payment is overdue.
11.1 Suspension
We may suspend the supply of Goods and/or Services where reasonably necessary, including for safety, technical or non-payment reasons.
11.2 Termination by You
You may contact us to end the Contract (or relevant part of it) at any time before we have supplied the relevant Goods and/or Services and you have paid for them, subject to payment of reasonable costs incurred.
11.3 Termination Without Cause
Where you terminate without cause:
• Bespoke Goods are non-refundable;
• we may recover costs, losses and loss of profit.
11.4 Termination by Us
We may terminate immediately where you:
(a) fail to pay;
(b) breach the Contract;
(c) fail to provide access;
(d) engage in abusive behaviour.
12.1 Unlimited Liability
Nothing in this Contract limits liability for:
• death or personal injury caused by negligence;
• fraud;
• breach of statutory rights.
12.2 Financial Cap
Subject to clause 12.1, our total liability shall not exceed the total sums paid under the Contract.
12.3 Excluded Losses
We shall not be liable for:
• indirect or consequential loss;
• loss of profit, revenue or business;
• loss arising from third-party acts or omissions.
12.4 Mitigation
You shall take reasonable steps to mitigate any loss
13.1 Decoration and Making Good
We shall use reasonable care when carrying out the Works. Unless expressly stated otherwise, our quotation does not include redecorating, plastering, wallpaper repairs or colour matching following the installation or removal of equipment, cabling, back boxes or wall-mounted devices.
13.2 Existing Cabling
Where existing cabling or infrastructure is reused, we cannot guarantee its performance or suitability. Any faults discovered in existing cabling during or after installation may require additional works, which will be chargeable.
13.3 Hidden Services
We shall take reasonable care to avoid concealed services. However, unless accurately identified by the Client prior to commencement, we shall not be liable for damage to hidden pipes, cables, ducts or other services that could not reasonably have been identified.
13.4 Access
The Client shall provide safe and uninterrupted access to the property and working areas. Delays caused by restricted access, incomplete building works or other contractors may result in additional charges.
13.5 Power and Network Availability
Commissioning is dependent upon permanent electrical supplies, broadband connectivity (where required) and the availability of all third-party services. Additional visits required because these are unavailable at the agreed commissioning date may be chargeable.
13.6 Cosmetic Tolerances
Whilst every effort will be made to achieve a neat installation, minor variations in alignment, small gaps around wall-mounted equipment, or slight differences in finish may occur due to existing wall conditions, decoration or building tolerances and shall not be regarded as defects.
13.7 Damage
We shall make good physical damage caused by our negligence but shall not be responsible for:
• pre-existing defects;
• latent structural issues;
• damage arising from third-party works; or
• minor cosmetic marks, paint lifting or surface damage that may occur as an unavoidable consequence of removing and refitting keypad faceplates or other wall-mounted control devices, particularly where paint has bonded to the faceplate or has been applied over its edges. Any associated paint touch-up or redecoration shall be the responsibility of the Client.
14.1 We shall process personal data in accordance with UK data protection laws and only as necessary to perform the Contract.
15.1 We do not provide any warranty in respect of the Goods other than any warranty which may be provided by the manufacturer of those Goods.
Where any Goods develop a fault within 30 days of the date of purchase and are confirmed by us (acting reasonably) to be defective, we shall, at our discretion, repair or replace the Goods and shall cover the reasonable costs of re-installation of those Goods.
Any manufacturer’s warranty shall apply from the date of purchase of the relevant Goods.
Where any Goods fail after the expiry of the initial 30-day period, any removal, re-installation or associated labour costs shall be chargeable to you at our standard rates in force at the relevant time, unless otherwise agreed in writing.
This clause shall not apply, and we shall have no liability for any defect, fault or failure arising as a result of:
(a) misuse, neglect, accidental damage or improper handling of the Goods;
(b) any installation, modification, repair or interference carried out by you or any third party not authorised by us;
(c) failure to operate or maintain the Goods in accordance with the manufacturer’s instructions or our recommendations;
(d) electrical faults, power surges, network issues or other external factors outside our control; or
(e) fair wear and tear.
For the avoidance of doubt, save as expressly set out above or as required by applicable law, we shall have no liability for any costs associated with the removal, re-installation or replacement of Goods.
15.2 All descriptions, drawings and images are illustrative only.
16.1 We shall not be liable for failure or delay caused by events beyond our reasonable control, including (without limitation):
• acts of God;
• supply chain disruption;
• labour shortages;
• failure of utilities or telecommunications.
17.1 If any provision is held invalid or unenforceable, it shall be deemed modified to the minimum extent necessary and the remainder shall remain in full force.
18.1 You agree to treat our staff, contractors and representatives with respect and courtesy at all times. We will not tolerate abusive, threatening, discriminatory or otherwise unreasonable behaviour (whether verbal, written or physical). We reserve the right to terminate the Contract where behaviour is abusive, threatening or unsafe.
19.1 This Contract shall be governed by the laws of England and Wales.
19.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.