Soundproofing Service Terms and Conditions
This page sets out the Terms and Conditions of the Contract between We Do Soundproofing Limited (“we”, “us” or “our”), of Parker House, 44 Stafford Road, Wallington, Surrey, SM6 9AA, England, and you, the Client (“you”, “your”). The Contract is applicable from our receipt of your order to undertake works.
1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
Relationship between the Parties
2.1. You engage us to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this agreement or course of dealings between the parties shall operate to make us an employee or agent of the Client.
2.2. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.
3.1. We shall provide you a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which we will undertake for you.
b) The prices which you shall be charged for the performance of the services including:
i. Any fees which we shall charge.
ii. Any disbursements or expenses which we will require you to meet (including but not limited to the prices of materials).
iii. VAT at the prevailing rate (or the applicable rate).
3.2. The Quotation shall contain a link to these terms and conditions as a schedule and where a contract is entered into between us and you, you will be deemed to have accepted the content of the Quotation and these terms and conditions in full.
3.3 The Quotation is valid for a maximum of thirty days from its issue date, and we reserve the right to review the costs provided in the Quotation after this time.
The Services and the Time and Manner of their Delivery
4.1. We will provide such services to you as are set out in the Quotation.
4.2. We will provide an estimate of time frame for commencement and completion of the works at your request.
4.3. Time frames and dates of delivery are provided for guidance only and we makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and we shall not be liable for any loss or damage suffered by you as a result of the delivery of services being delayed or postponed for any reason.
5.1. Options relating to our level of service we will provide to you and their associated costs are provided in the Quotation and it is up to you to select the options you require.
5.2. You shall be aware of the total cost of all the options that you select will have VAT added which is currently 20%.
5.3. The contract price is set out in the Quotation, which includes details of the charges which we will make for labour, materials and plant as well as any additional costs or expenses or disbursements which we may charge to you.
5.4. We require a 50% deposit of the full agreed contract amount including VAT in order to book a date to commence works. This deposit is required to purchase materials.
5.5. Until we have received this payment in to our bank account, we are under no obligation to you to either arrange works or commence works.
5.6. The remaining 50% of the full agreed contract amount including VAT is payable on completion of the works.
5.7. Notwithstanding the above clauses, we may vary the contract price from the amount set out in the Quotation where we have provided services which are different or in addition to those set out in the Quotation either at your specific request or because we are required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.8. You agree:
a) Not to withhold any sums due to us.
b) To settle all invoices raised by us within 7 days.
c) To pay to us interest in line with the Government’s Statutory Interest on any payments which are not settled in accordance with section 5.8(b). This level of interest will be 8% over the Bank of England Base Rate.
d) To pay to us such costs and expenses as we may incur in recovering payment from you, where you fail to make payment in accordance with these terms and conditions.
6.1. In accordance with the Consumer Contract Regulations (2013) you may cancel this contract within 7 calendar days of signing this agreement (or within whatever extended period we may specify in the Quotation) and shall be entitled to a full refund of any monies paid to us, less an amount representing any reasonable administration costs which we have incurred. Any cancellation outside this period will not entitle you to a refund of any monies paid.
7.1. You shall be responsible for the correctness of all measurements for products or materials which you give to us. Where these measurements are not correct and accordingly materials or products which are ordered or provided by us are the wrong size, you shall bear the expense of rectifying this.
7.2. You shall co-operate with us as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting us access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Where the Site is indoors, ensuring that there is adequate ventilation.
c) Providing for us such facilities as may be necessary in order to allow us to complete the services.
d) Following our reasonable Instructions relating to safety and the state of work which has recently been completed by us or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
7.3. Unless the agreed order specifies otherwise, you will be responsible for any cleaning and redecorating which is necessary to the Site after we have completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be our responsibility as set out in 8.4, below).
7.4. Where we store or keep any materials or equipment on Site, you shall be responsible for the security and safety of such and shall account to us for any loss or damage.
7.5. You shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. You warrant that, where required and/or reasonable, you have applied for and obtained all such necessary permission(s), licence(s) or consent(s) prior to contracting us.
7.6. You shall have and maintain all necessary insurances relating to the Site.
7.7. We require parking for commercial vehicle(s) within a reasonable distance of the Site, and where this is not available, any expenses relating to parking charges will be charged to you.
7.8. It is your responsibility to advise us of any logistical considerations that might have an impact on the time-frame and our ability to carry out the work. We will not be responsible for the impact of any considerations on our ability to carry out the works within any time frame (estimated or otherwise) that are outside of our control.
7.9. You shall provide access to an internal electrical supply for both installation and testing services.
7.10. Where we are to carry out sound insulation testing at the Site we will provide to you our requirements for testing separately, and you shall ensure that these requirements are met. If the requirements for testing are not met, we will charge £150 for each and every testing visit that is cancelled.
7.11. We ask that all furniture is removed from the room(s) in which we are to carry out installation works. Please advise us prior to our arrival to Site to commence installation works if there are any issues with meeting this requirement, and we will discuss this with you. Note that this requirement does not apply to visits to carry out sound insulation testing.
7.12. We will not be held responsible for loss or damage to items of furniture within any working room/area that are not adequately removed or protected by you.
8.1. We shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. We shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. We shall take all reasonable care with your property, including taking reasonable steps to protect your furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
8.3. We shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him to self-certify the compliance of the services provided with the relevant building regulations or alternatively if he is not so accredited then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
8.4. We shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from your property as a result of the provision of the services.
8.5. We shall at all times hold valid Employer and Public Liability insurance policies.
Property Rights and Assumption of Risk
9.1. Any property rights, title or ownership in any property or materials which are used by us in providing or delivering the service shall remain with us until you have made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from us to you:
a) Where we are responsible for delivering the products or materials to you, upon delivery; or
b) Where we are not responsible for delivery, at the moment the products or materials leave our storage premises.
10.1. We provide to you, in addition to any statutory rights which you may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 2 years from the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow Instructions or recommendations on your part.
b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to you.
c) Your subjective impression of the sound insulation performance of the installation on completion, or the comparison of the resultant objective sound insulation performance of the installation with the guidance performance values provided in any of our literature or literature of suppliers and/or manufacturers.
10.2. If a dispute arises as a result of your subjective impression of the sound insulation performance of the completed installation, we reserve the right to carry out sound insulation testing in order to determine the in-situ sound insulation performance of our installation (where the installation has been applied to a party wall or floor) and the result compared to the requirements of Approved Document Part E.
10.3. Where we may not carry out sound insulation tests due to site limitations (e.g. we cannot gain access to your neighbour’s property) we will endeavour to visually and aurally survey the resultant sound reduction, but we cannot provide an objective judgement on the effectiveness or not of the installation.
10.4. We shall, at our sole discretion, determine the manner in which we will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to you all or part of the monies which have been paid.
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above, the employment of us under this Agreement may be terminated immediately where any of the following circumstances arise:
a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of their duties as outlined herein (including a failure on your part to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice.
b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
11.3. Upon termination of the employment of us under this agreement you shall pay to us such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of us under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
Disclaimers and Exclusions
12.1. We shall not be responsible in any circumstances to you or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the foregoing shall be read as restricting or limiting in any way our liability for death or personal injury.
13.1. You shall indemnify us against any loss or damage which results from your breach of this agreement or failure to abide by any of its terms.
14.1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
Warranty of Contractual Capacity
15.1. Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
16.2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
16.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
16.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
16.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.