Installation Terms and Conditions of Business
These terms and conditions apply to the supply, delivery and installation at the customer’s address, of the Products by the installer – please read them carefully.
- Definition of Terms
1.1 For the purpose of these terms and conditions the following words shall have the meanings set out below. If and to the extent of any inconsistency between these Terms and Conditions and the Statement of Works, these Terms and Conditions shall prevail.
(a) “we”/”us” means “Distributed Sound & Video Ltd”
(b) “the customer” /” you” /” your” means “the party in contract with Distributed Sound & Video Ltd”
(c) “products” all materials, equipment and hardware to be supplied by Distributed Sound & Video Ltd under this Agreement and as set out in the Statement of Works.
(d)“site survey” the report produced by Distributed Sound & Video Ltd of any survey of the premises it may carry out.
(e) “Statement of Works” the detailed description of the installation works and the materials to be provided under this Agreement.
(f) Working Day: 8.30 am to 5.30 pm, Monday to Friday excluding public holidays in England
2.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.
2.2 We may, as your agent, directly or through an intermediary ask another contractor ("Third Party Contractor") to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
- Quotation and Prices
3.1 The price quoted will be valid for 30 calendar days from the date of the quotation. If your order based on that quotation is not received within this period, we cannot guarantee this price.
3.2 Your order and our acceptance of it, as provided for above, must occur before any work can commence.
3.3 If there is a requirement to provide additional materials and/or labour outside the terms of the quotation, then the additional cost for this will be detailed separately and will need to be agreed separately prior to installation.
3.4 Installation will not commence if any deposit required has not been paid in full.
3.5 VAT is as detailed, and is included in the price. However, as a result of government legislation if the rate of VAT changes we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
4.1 Unless the Agreement provides otherwise:
a) Any required deposit shall be payable no later than 14 days from the date of the relevant invoice.
b) The balance within 14 calendar days of completion of the installation.
4.2 Failure to pay within the period specified shall entitle us to write to you after a period of 7 days, and to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts Regulations 2013 as at the due date.
4.3 We shall be entitled to charge interest on overdue invoices from the date when payment becomes due on a day-to-day basis until the date of payment at a rate of 8% per annum above the base rate of the Bank of England.
- Ownership of the Goods
5.1 All goods remain the property of Distributed Sound & Video until we receive cleared payment in full for their successful delivery and/or installation, as appropriate.
- Delivery & installation
6.1 We will contact you to carry out installation work. If we are unable to install on this date, due to unforeseen circumstances, we will contact you at least 24 hours beforehand to agree an alternative.
6.2 We will require access to your property to carry out the installation work. Where access on an agreed date is denied or delayed, such that we are unable to progress installation as planned, we will contact you to arrange an alternative date, but we reserve the right to charge for abortive time so caused.
6.3 If repeated failed attempts are made to access the property on agreed dates, we have the right to cancel the contract, in which case there can be no guarantee that any further quotations would be provided at the same price.
6.4 The time estimated to complete the installation is our best estimate and we are not responsible, or liable to you, for any delays in completing the installation which are due to events outside our reasonable control (see below).
6.5 The time for delivery and installation of the Products is not a condition of the contract and we are not liable to you for any costs, losses or loss of income that you may incur as a result of changes to the time of delivery and installation.
- Installer responsibility
7.1 We shall ensure that any plasterwork and/or brickwork that are disturbed during the course of installation are left in a reasonably safe and secure condition. We shall take reasonable care to avoid any excessive dirtying or excessive and unnecessary disturbance to the property and will leave the area where work has taken place in a safe, clean and tidy condition.
7.2 When installation has been completed, we shall:-
(a) Check to ensure the Products are working correctly.
(b) Where appropriate given the nature of the Products, provide instructions for use.
(c) Provide any supporting certificates relating to the installation.
7.3 Installation does not include:-
(a) Redecoration or reinstatement of fixtures or fittings damaged as a result of the installation unless such damage was caused by our negligence, or redecoration or reinstatement was agreed in advance with the customer and detailed within this document.
(b) The removal of asbestos or any other hazardous substance.
(c) Repair of any pre-existing faults or damage to your property that we discover in the course of installation.
- Customer Responsibility
8.1 It is the customer’s responsibility at its own expense (unless otherwise agreed in writing) to obtain all required permissions and consents (e.g. planning permission or listed building consent) before the installer carries out the installation.
8.2 You will ensure that all necessary facilities, services and supplies are made available to facilitate the installation and the correct functioning of the Products.
8.3 You will clear and/or remove all items which may impede installation or safe access to the work.
8.4 You will remove all hazardous materials from the property before any installation work commences (such as asbestos).
8.5 You will, where relevant, notify us of all existing cables, water and gas pipes etc. to enable installation work to proceed safely.
8.6 When we arrive on site on the agreed date to commence installation work there must be present a client representative who is authorized to consult to the carrying out of the installation works, and a client representative must be readily contactable for the duration of the installation.
8.7 You will indemnify us for any costs, expenses, losses and/or liabilities arising that we incur as a result of your failure to comply with the above obligations.
9.1 All products supplied by Distributed Sound & Video are subject to a manufacturer’s guarantee, the details of which, including expiry date, exclusions and how to make a claim will be provided to you by us as soon as reasonably practicable following completion of installation.
9.2 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices. The goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials for a period of 12 months.
9.3 In the unlikely event that a defect arises within the installation or a particular product, we request that (a) you contact us and tell us as soon as reasonably possible; (b) you give us reasonable opportunity to rectify any such defect; and
9.4 We will use every effort to rectify the defect in installation as soon as reasonably practicable.
10.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
10.2 The products we supply/install should be used for business/commercial use only and are not for private/domestic or re-sale purposes. We are not liable for damage, loss of profit, loss of business, business interruption or loss of business opportunity which results from any such misuse.
10.3 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
10.4 Where it is necessary for us to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of any existing system, where a problem within the system occurs due to faults within that system, unless we have been negligent in not realizing that such a problem may occur as a result of work which we had carried out.
10.5 In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
10.6 Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
- Events Outside Our Reasonable Control
11.1 If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
11.2 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.
11.3 We will not be liable to you for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our reasonable control. Some examples of such events include strikes, lock-outs or other industrial action by third parties, riot, terrorist attack or threat of terrorist attack, fire, explosion, storm, flood, earthquake or other natural disaster, or failure of public or private telecommunications networks.
12.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Right to Cancel
13.1 You have the right to cancel the contract and installation of the Products if:-
(a) If you have not specifically requested that work start during the 7 day cooling off period, at any point during that period, without incurring any charges; and
(b) If you have specifically requested that work start during the 7 day cooling off period, and the installer has started work, at any point during the 7 day cooling off period. You should note that, in such circumstances, you will be liable for the reasonable value of work done up to the time of cancellation, you may not be entitled to any refund in respect of the Products if these have already been installed and, if the installation has been fully completed, you may be required to pay in full.
13.2 Should you wish to cancel the installation, you should contact us by sending written notice no later than 7 days after the date on which this Agreement was signed.
13.3 If you request cancellation at a later date then, unless we are in breach of contract, we have the right to refuse [or] retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.
13.4 We have the right to cancel the installation and this Agreement between us at any stage of the work if:
(a) We have insufficient stock to deliver the products you have ordered;
(b) One or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
(c) We reasonably believe that your property is unsuitable for the installation or where health and safety issues mean it cannot proceed. In these circumstances, you would not be liable to the installer for any costs, nor would you be able to recover any costs from the installer resulting from this cancellation.
- Governing Law and Jurisdiction
14.1 These terms and conditions are governed by English law. Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- Third Party Rights
15.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
- Data Protection
16.1 You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. Should you at any time be in breach of this agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist in debt recovery procedures.
- Customer Services
17.1 To protect your own interests please read the conditions carefully before signing them. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone to our customer services department, at the address and telephone number set out below.
17.2 If you are unhappy with any aspect of our service, please contact us by telephone on 0800 917 4345 or by post at Distributed Sound & Video Ltd, 46 Ashby Drive, Rushden, Northamptonshire, NN10 9HH. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
- Entire Agreement
18.1 This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
- Changes to Terms and Conditions of Business
19.1 We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.