Terms & Conditions
In these Conditions, unless the context requires otherwise:
1.01 – “Pro-forma Invoice” means the document supplied by the Seller to the Buyer detailing the Price and the Goods including VAT content
1.02 – “Size Declaration” means the document supplied by the Seller to the Buyer detailing the room size or area that the Buyer needs to treat.
1.03 “Quotation ” means the verbal, faxed emailed or posted request of price of Products or services, from the Buyer to the Seller.
1.04 – “Buyer” means the person who buys or agrees to buy the Goods from the Seller whilst dealing as a consumer and not in the course of business.
1.05 – “Competent Person” means the person who installs the Goods and who is fully qualified and/or has the relevant experience to install the Goods and for whose appointment (if he is a third party instructed by the Buyer) and actions the Seller has no liability.
1.06 – “Conditions” means the terms and conditions of order set out in this document and any special terms and conditions agreed in writing by the Seller.
1.07 – “Delivery Date” means 21 days after the Payment has cleared the Seller’s bank unless stated otherwise on the pro-forma invoice.
1.08 – “Dimensions” means the dimensions provided by the Buyer following the measurement by the Buyer of the wall, ceiling or floor to be treated by the Seller.
1.09 – “Goods” means the noise absorption mass sound barrier which will be custom-made to the Buyers specifications as set out on the Quotation Acceptance Form and which the Buyer agrees to buy from the Seller.
1.10 – “Order” means the contract between the Buyer and Seller after the offer made by the Buyer to the Seller in respect of the Goods is accepted by the Seller once Payment has cleared the Seller’s bank account.
1.11 – “Payment” means the provision of the Price by the Buyer to the Seller by way of a personal cheque drawn on a UK bank and must be crossed “A/C Payee” or by way of electronic transfer.
1.12 – “Price” means the price for which the Goods are being offered for sale excluding carriage, packing, insurance and VAT, which will be detailed in the “Pro-forma invoice”.
1.13 – “Regulations” means the Consumer Protection (Distance Selling) Regulations 2000.
1.14 – “Seller” means Sound Solution Consultants Ltd – Reg Address 82 East Hill, Colchester CO1 2QW
1.15 – “Written Installation Instructions” means the document provided to the Buyer to which the Buyer should fully refer before unloading or installing the Goods.
1.16 – “Confirmation of Instruction to proceed” means the document supplied by the seller to the buyer confirming invoicing details.
1.17 – “Services” means any Sound Test, Noise Survey, Air Leakage Test or any other written report or letter provided to the Buyer for payment.
- Conditions Applicable
2.1 – These Conditions shall apply to all Orders to the exclusion of all other terms and conditions including any other conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 – The submission of the Size Declaration shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and the Seller will not be bound unless and until it accepts the offer as set out in Condition 3 below.
2.3 – Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Formation of the Order and acceptance of the Order
3.1 – Nothing contained on the Website amounts to an offer to supply the Goods and any offer to purchase the Goods from the Buyer by the submission of the Quotation Acceptance Form can be refused at the Seller’s absolute discretion.
3.2 – The Buyer signifies its intention to enter into an Order with the Seller and accepts to be bound by these Conditions.
3.3 – When the Seller receives the Quotation, the Seller will draw up the “Pro-forma Invoice”, which will be sent to the Buyer for its approval.
3.4 – The Buyer should check the “Pro-forma Invoice” and signify its unequivocal acceptance by making a full payment to the seller. The Buyer is wholly liable for the Dimensions provided and the Goods selected, and the Seller has no liability in either respect.
3.5 – The Seller will not accept the Buyer’s offer until it is certain that it can comply with its obligations. The provision of the Contract
3.6 – Acceptance of the Order will be deemed to occur when the Seller receives from the Buyer full payment of the “Pro-forma Invoice” and when the Payment has cleared the Seller’s bank account. The Seller will provide written confirmation of the acceptance of the Order to the Buyer.
3.7 – The Seller will not commence work on the Order until the Payment has cleared the Seller’s bank
account or has received a Signed “Confirmation of Instruction to proceed” from the Buyer.
3.8 – For Account Customers, the seller will confirm the order once an official signed order document has been received from the buyer.
- Dimensional Accuracy
4.1 – The Buyer is wholly responsible for the conveyance of the Dimensions to the Seller on the Quotation Request. The Seller has no liability to the Buyer if the Dimensions prove to be inaccurate.
4.2 – The Seller cannot be held responsible for any inaccuracies in the Size Declaration or any other written statement of sizes provided by the Buyer
4.3 – The Seller is responsible for providing Goods to the Buyer which will meet with the Dimensions as provided by the Buyer providing they meet with our standard tolerances.
4.4 – The standard dimension tolerance of all items is +/- 3mm on trimmed items, all other sheets or boards are supplied at the manufacturers own tolerances. If in doubt it is the Buyers responsibility to check the size of the product is sufficient for their needs.
- Right for Buyer to cancel the Order
5.1 – The Buyer may cancel the Order before the Payment has cleared in the Seller’s bank account and will face no penalty for doing so. The Seller will ensure that the Payment is stopped upon receipt of a written request of cancellation.
5.2 – The Buyer may cancel the Order at any time prior to the Delivery Date by the giving of 7 days’ notice in writing to the Seller. Due to the fact that the Goods are made to order, upon cancellation by the Buyer the Seller shall be entitled to charge the Buyer an amount equal to the expenses incurred by the Seller in labour and materials in the preparation of the Order during the period up to cancellation.
However, the Seller will endeavour to mitigate any loss by reassigning work if at all possible. The Seller shall also have the right to charge such expenses that arise from the cancellation of the Goods.
5.3 – The Buyer may cancel the Order by sending or delivering to the Seller a letter by post, fax or e-mail. The Seller cannot accept verbal cancellations unless these are confirmed by any of the methods just specified.
- Price and Payment
6.1 – The Price shall be as specified in the Pro-forma Invoice provided by the Seller. The Price is exclusive of VAT which shall be due at the rate ruling at the date of the Pro-forma Invoice.
6.2 – Payment shall be made by the Buyer for the full amount detailed on the Pro-forma Invoice including packaging, delivery and VAT. Work on preparation of the Order and its dispatch shall only commence on clearance of the Payment into the Seller’s bank account.
6.3 – All account customers are required to make payment within 30 calendar days after the delivery date of the “Goods” or “Services”.
6.4 – We reserve the right to charge interest on any amount owed and any recover reasonable additional costs in recovering any monies that are overdue for payment.
6.5 – Once a “Service” has been completed, we will issue a Vat Invoice requesting payment in Full within 7 days of date of invoice.
6.6 – Payment in full is required before the “Service” is supplied to the Buyer, any draft copies released prior to payment are for discussion purposes only and is not any way an indication that payment is not required.
6.7 – Failure to pay for any “Service” on completion of the project within 7 days of receiving the Invoice, may incur further charges.
7.1 – The Seller will deliver the Order to the Buyer at the address provided on the Pro-forma Invoice or Order Confirmation
7.2 – The delivery will be made by the Delivery Date subject to Condition 13.1 below.
7.3 – The Buyer will only become the full owner of the Goods which are the subject of the Order, when full payment has been received and cleared from the Buyer.
7.4 – Once materials or products have been delivered to the Buyer’s address, the Goods will be held at the Buyer’s risk and the Seller shall not be liable for their loss or destruction.
- Notification of Defect/Damage
8.1 – The Buyer shall inspect the Goods immediately on delivery and shall check that the correct number of packages have been delivered and that these tally with the delivery document.
8.2 – The Buyer shall make a visual inspection of the packages and shall make a written note on the delivery driver’s document before signing that the Order has been delivered in good condition.
8.3 – The Buyer will make a detailed examination of the Goods within 24 hours from delivery and will report to the Seller within this period any damaged or defective items or any shortfall.
8.4 – In the event of damaged or defective Goods the Buyer, at its own expense, shall return the items to the Seller for inspection. After inspection by the Seller, if the Seller agrees that the Goods are defective or damaged, the Seller will replace the defective or damaged Goods free of charge and cover the reasonable costs incurred by the Seller in returning the Goods.
8.5 – If the Buyer shall fail to comply with the provisions set out in Conditions 8.1, 8.2, 8.3, and 8.4 the Goods will be conclusively presumed to be in accordance with the Order and free from any damage and defect which would be apparent on reasonable examination of the Goods, and the Buyer shall be deemed to accept the Goods.
8.6 – If the Goods are not in accordance with the Order, the Buyer’s remedies shall be limited to the Seller making good by replacing such Goods or if the Seller shall elect by refunding a proportionate part of the Price, the choice of which is at the Seller’s discretion.
8.7 – Once 24 hours have elapsed after delivery of the Goods in the absence of the Seller notifying the Buyer of any alleged defect as set out in Conditions 8.1 to 8.5 the Buyer shall not be entitled to reject Goods which are not in accordance with the Order.
8.8 – Save as precluded by law, the Seller will not be liable for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem the Buyer notifies to the Seller under Condition 8 and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than as set out in condition 8.6 above.
- Unpacking, Handling and Installation of Goods
9.1 – Due to the weight of the Goods, the Buyer or the Competent Person should take due care in unloading and unpacking the Goods once they have been delivered and use appropriate measures for safe unloading. The Seller is not liable to the Buyer, the Competent Person or at all for any injuries caused due to the improper unloading or unpacking of the Goods.
9.2 – The Buyer or Competent Person who deals with the Goods, should at all times wear gloves and other protective clothing to avoid suffering from possible side effects caused by the handling of the Goods, such as (but not limited to) cuts, abrasions and asthma attacks (due to the nature of the material of the Goods). The Seller is not liable to the Buyer, to the Competent Person or at all in this respect.
9.3 – The Goods offered are sold on the understanding that they will be installed by the Competent Person in the light of the Written Installation Instructions of the Seller which are provided to the Buyer upon delivery of the Order.
9.4 – The Competent Person that installs the Goods, should at all times follow the relevant British Standard Health and Safety guidelines and laws in force at the time. It is incumbent upon the Buyer to make sure that the Competent Person has relevant experience of sound health and safety working practices before attempting the installation. The Seller has no liability to the Buyer or at all in this regard.
9.5 – It is the Buyer’s sole responsibility to ensure the safety of all persons involved in the installation of the Goods and the Seller has no liability in this respect or at all.
9.6 – The Buyer is advised to keep the areas which are the subject of the installation of the Goods well ventilated to avoid the natural odour of the product accumulating.
- Warranties and Liabilities
10.1 – The Seller warrants that the Goods sold will at the time of delivery correspond with the Prof-forma Invoice and Signed Declaration. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods whether expressed or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by the law.
10.2 – The Order is made following the Buyer’s consideration of the product specification on the Website with no input from the Seller as to the suitability of the Goods. The Buyer will be wholly responsible for the usefulness of the Goods selected and the fitness for any required purpose of the Goods supplied and the Seller is not liable in this regard.
10.3 – Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any part thereof) promptly, the Buyer shall still be bound to accept delivery and the Seller to retain the Payment provided that delivery shall be tendered within 30 days of the Delivery Date.
10.4 – If the Buyer does not receive the Order within 30 days of the Delivery Date, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing at its contract address of the problem within 40 days of the Delivery Date. If the Buyer notified a problem to the Seller under this condition, the Seller’s only obligation will be, at the Buyer’s option:
10.4.1 – to make good any shortage or non-delivery;
10.4.2 – to refund to the Buyer the Payment in whatever way the Seller chooses.
10.5 – The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of the breach by the Seller of the Order.
10.6 – In the event of any breach of the Order by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall liability of the Seller exceed the price of the Goods.
10.7 – Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer has as a consumer under applicable law or any other statutory rights that may not be excluded nor in any way to exclude or limit the Seller’s liability to the Buyer for any death or personal injury resulting from the Seller’s negligence.
10.8 – The Buyer may not withhold payment of any invoice or other amount due to the Seller by means of any right to set-off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.
- Distance selling
11.1 – The provisions of Regulations shall apply to the Order.
11.2 – The Goods are made to the Order of the Buyer. The Buyer is not entitled to cancel the Order once received, save for where Condition 8 applies.
12.1 – Unless otherwise expressly stated in these terms and conditions, all notices from either party must be in writing and sent to our contact address.
13.1 – Neither party to the Order shall be liable for any delay or failure to meet its obligations (other than a payment obligation) under these Conditions due to any event or circumstance beyond their reasonable control including, without limitation, strikes, lock outs and other industrial disputes, breakdown of systems or network access, flood, fire, , volcanic eruption, explosion or accident. If any part term or provision of Conditions not being of a fundamental nature be held illegal or unenforceable, the validity or enforceability of the remainder of the Conditions shall not be affected.
13.2 – The failure of either party at any time to enforce any provision of these Conditions shall not affect its rights thereafter to require a complete performance by the other party, nor shall the waiver of any breach of any provision be held to be a waiver of any subsequent breach of any provision itself.
Any waiver to be effective must be in writing.
13.3 – If any part of these Conditions is unenforceable (including any provision in which the Seller excludes its liability to the Buyer) the enforceability of any other part of these Conditions will not be affected.
- Third Party Rights
14.1 – Except for our affiliates, directors, employees or representatives, a person who is not a party to the Order does not have any rights under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Order but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- Entire agreement
17. Proper Law of Contract
17.1 – This contract is subject to the Law of England and Wales. All disputes arising out of this Order shall be subject to exclusive jurisdiction of the Courts of England and Wales.