Terms & Conditions for Commercial Customers

(Updated 16.10.17)

For guidance on cancellations and returns, please refer to Section 3.

1. General

1.1 All orders will be subject to acceptance in accordance with these terms and conditions. We reserve the right to change these terms and conditions at any time.

2. Orders

2.1 All written orders should be sent directly to The Sales Team, Custom Audio Designs Limited, 5 Ridgeway Office Park, Bedford Road, Petersfield, Hants GU32 3QF.

2.2 Telephoned orders will be construed and carried out in accordance with verbal instructions but no liability can be accepted for any inconsistency between these and any written confirmation we may subsequently receive from the buyer.

2.3 If incorrect information is provided at the time of ordering which later requires additional administration to rectify, we reserve the right to apply a £6.00 handling fee and a 3% card processing fee (if valid) to the

Customer’s credit/debit card.

2.4 Order Acknowledgements: once your order has been processed an order acknowledgement will be sent to you (via e-mail) detailing the products and/or services you have ordered. If you do not have an e-mail account, this information will be faxed or posted to you.

          2.4.1 Please note that this acknowledgement is not an order confirmation or order acceptance from Custom Audio Designs Limited.

2.4.2 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods and order invoice, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see 2.7 below) or that we have sent acknowledging e-mails (see 2.4 above).

2.5 Order Amendments must be agreed and confirmed in writing prior to despatch for orders of standard stock items. Customised or special orders cannot be amended once the particular specifications have been passed to the Production Department. Please note:

2.5.1 - if you have provided us with dimensions to calculate your order quantities we ask that you check the dimensions and resulting calculations given on the Order Acknowledgement carefully, and notify us immediately of any discrepancies; we do our very best to be accurate but, regretfully, we cannot be held responsible for under- or over-ordering once an order has been despatched.

2.5.2 - it is your responsibility to ensure that you are completely satisfied that the product that you have ordered is suitable for your application and that you are aware of any relevant technical information and/or method of installation. Our Technical Team are at your disposal to clarify any queries that you may have relating to your project. 

2.6 Eligibility to Purchase: To be eligible to purchase Goods and lawfully enter into and form contracts under English law you must:

- if an individual, be 18 years of age or over (if you are under 18, you may only purchase goods under the

  supervision of a parent or guardian; if you do not qualify, please do not attempt to place an order); and

- stipulate a delivery address within the UK; and

- register your real name, address, phone number, e-mail address and any other details requested.

By offering to purchase Goods and Services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties including but not limited to your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

2.7 Payment: We take payment from your card after we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

2.8 Non-UK-based orders: Orders may only be accepted if a UK delivery address is provided. Overseas orders should be sent to sales@customaudiodesigns.co.uk for a quote.

2.9 Account Holders: Orders will be handled in line with Account Holder Terms and Conditions as agreed with each Account Holder.

2.10 Purchase Order facility: This facility is only available to approved and confirmed Account Holders.

2.11 Non-acceptance of orders: Non-acceptance of an order may be a result of one of the following:

2.11.1 The product you ordered being unavailable from stock

2.11.2 Our inability to obtain authorisation for your payment

2.11.3 The identification of a pricing or product description error

2.11.4 You not meeting the eligibility to purchase criteria set out in 2.6 above.

3. Cancellations and Returns

3.1 Orders or contracts may be cancelled up to seven working days counting from the day following delivery. (After this period any entitlement to cancellation expires.) This includes the cancellation of over-ordered goods. A 20% re-stocking fee will be charged and the original delivery charges will not be refunded (where the items have already been despatched). These charges will be offset against any refund due.

With the exception of:

Custom-made/custom-cut goods e.g. painted and fabric-covered panels, screens and all acoustic fabrics. 

3.2 Cancellations must be made in writing either by e-mail to sales@customaudiodesigns.co.uk, by fax on 01730 265846 or by letter to the department and address given in Section 2.1, quoting your surname, company name if applicable, and order number. We do not accept cancellations by telephone.

3.3 If the items ordered have already been dispatched the original delivery costs will not be refunded. These costs will be offset against any refund due.

3.4 If part of a multi-buy discount/price match/special offer order is returned, then the full original discount, including that on any goods that the customer has retained, will be reclaimed. This will be reflected in any credit note issued against the returned goods.

3.4A In addition to 3.4, if a multi-buy discount/price match/special offer order is returned either in part or in full, where the delivery charge was waivered as part of the original offer, the original delivery charge will be claimed back and offset against any refund due.    

3.5 Before any refund can be made, it is the customer’s responsibility to arrange for cancelled goods to be returned, at the customer’s own expense and in good condition suitable for re-sale. We cannot accept liability for goods lost or damaged during transit. You are advised to insure the goods against loss or damage in transit. You are also advised to return goods by recorded delivery, registered post, or by courier.

4. Refunds

4.1 Once a refund has been agreed, a credit note is raised. While every attempt is made to contact the customer to process the re-imbursement, it is ultimately the customer’s responsibility to contact Custom Audio Designs Limited to make a claim. Credit notes are valid for six months following the date of purchase. Goodwill credit notes may be valid for a shorter period, but in either case this will be clearly communicated to the customer.

4.2 Refunds are provided using the same method of payment as your purchase. For example if the purchase was made using a credit/debit card, the refund will be credited to your card. We do not retain customers’ payment details for security reasons so details will need to be re-communicated to the Sales Team.

4.3 If you are an Account Holder, the refunded amount will appear on your Statement of Account.

5. Prices

5.1 We reserve the right to revise prices and discounts without prior notice when necessary.

5.2 All prices are shown in pounds sterling but exclude VAT and delivery charges unless expressly stated otherwise.

5.3 Carriage and packaging are charged at our discretion by reference to courier and freight rates in force at the time.

5.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price. If we are unable to contact you we will treat the order as cancelled. We will not accept an order if there is a pricing error.

6. General Goods Delivery Information

6.1 All dates and times quoted for despatch are estimates only but regretfully cannot be guaranteed. Although every effort will always be made to deliver goods on the preferred date, occasionally unexpected or unusual circumstances beyond the control of our couriers may delay your delivery to the next available date. If you are planning to book contractors please note that Custom Audio Designs Ltd shall have no liability for any delay or failure to deliver the products or any damage or loss occasioned thereby.

6.2 All deliveries require the customer to arrange for someone to be present to accept and sign for the delivery. This ensures the goods are delivered and received correctly. If you cannot be present to sign for the delivery, you may specify a different delivery address such as your workplace or a neighbour’s house, for example.

6.3 Your order may arrive via more than one courier delivery.

6.4 Couriers are contracted to offload goods as near as possible to the customer’s home or premises. Please note that couriers are not contracted to transfer items inside the customer’s property. You may find it useful to arrange for assistance to help you move your goods once the delivery has taken place.

6.5 Each order includes the cost of one delivery; only one delivery attempt can be made for each order. If delivery cannot be made due to the customer or the customer’s representative not being at the given address, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.

6.5 (A) If the delivery address is changed once an order has been placed the customer may incur a surcharge to cover any additional costs involved in making delivery to the new address. Please note that these costs must be paid in full before the order will be delivered and that changing the delivery address may adversely affect the delivery date.

6.6 If, for any reason, the customer is unlikely to hear the arrival of the courier (e.g. work in progress, shared accommodation etc.) or circumstances beyond the customer’s control make the customer unavailable, it is the customer’s responsibility to ensure clear instructions are left about whom to contact at the delivery address or to leave a written authority to offload the goods at the delivery point. (Please note that, where a written authority has been left, if the courier cannot safely leave the goods the customer will be charged the cost for re-delivery before a second delivery attempt will be made.)

6.7 Proof of Delivery Documentation can be provided if specifically requested. Please note, however, that this information is only stored electronically for three months and therefore is unavailable after this period.

7. Pallet Delivery Information

7.1 Bulkier orders may be sent on pallets in order to reduce delivery costs. Each order includes the cost of one delivery. Only one delivery attempt can be made for each pallet delivery. Couriers are contracted to offload pallets to the kerbside only. Please note that it is your responsibility to arrange to move your goods from the kerbside and dispose of the pallet responsibly once the goods have been delivered. If delivery cannot be made due to the customer not being at the given address, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.

7.2 Pallets are usually delivered using 7.5 ton lorries. Please note that it is the customer’s responsibility, at the time of placing an order, to inform the Sales Team if access to the delivery address is unfeasible or restricted in any way. If the courier is unable to deliver the pallet, due to unfeasible or restricted access, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.

7.3 If, for any reason, the customer is unlikely to hear the arrival of the courier (e.g. work in progress, shared accommodation etc.) or circumstances beyond the customer’s control make the customer unavailable, it is the customer’s responsibility to ensure clear instructions are left about whom to contact at the delivery address or to leave a written authority to offload the goods at the delivery point. (Please note: where a written authority has been left, if in the courier’s view the instructions cannot safely or practically be carried out and the delivery is returned, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.)

7.4 Proof of Delivery Documentation can be provided if specifically requested. Please note, however, that this information is only stored electronically for three months and therefore is unavailable after this period.

8. Terms of Payment

8.1 Credit facilities or accounts are available to business customers.

8.2 We also accept payment via BACS, CHAPS, cheque and all major credit/debit cards including VISA, MasterCard, Debit, JCB, Electron, Maestro, Solo and Delta, excluding American Express. There is no on-line payment facility currently available.

For alternative electronic payments, our bank details are:

Bank Name:                  NatWest Bank

Account Name:              Custom Audio Designs Ltd

Account Number:           80011950

Sort Code:                     60 - 16 - 26

IBAN:                            GB19 NWBK 601626 80011950

SWIFT:                         NWBK GB 2L

Registered in England no. 04734051. VAT NO: GB 717 888 580

8.3 For payments by cheque please allow five working days for clearance. Cheques must have cleared before goods are despatched. Please make cheques payable to Custom Audio Designs Ltd.

8.4 For overseas orders from EU Member States we will require a valid VAT number to accompany the order or VAT will be charged at the appropriate rate.

9. Product Specifications and Substitutions

9.1 We are constantly seeking to improve our products and reserve the right to alter the design or specification of any of our products at any time without notice or liability. We will do our best to offer you a substitute of the same or better quality at the same price. If you are unhappy with the replacement you can cancel the order in accordance with our Cancellation Policy (see Section 7). In this circumstance unwanted replacement items would be returned at the expense of Custom Audio Designs Ltd.

9.2 Goods are supplied in good faith and in accordance with the published specification. Custom Audio Designs Ltd will never knowingly supply sub-standard goods or services.

9.3 All efforts are made to ensure published information is accurate but we recognise that occasionally proofing errors or omissions may occur. Corrections will usually be made to our website between one and eight working hours following notice of an error.

9.3.1 Mispricing. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. We will not accept an order if there is a pricing error.

10. Shortfalls in Delivery, Delivery of the Wrong Products or Damaged Goods

10.1 All deliveries require someone to be present to accept and sign for them. This ensures the goods are delivered and received correctly. (If you cannot be present to sign for the delivery, you may specify a different delivery address such as your workplace or a neighbour’s house, for example).

10.2 On arrival please check your consignment carefully and ensure that any discrepancies or damage are clearly noted on the acceptance paperwork issued to you by the courier at the time of delivery. Failure to do so may invalidate any claims and/or may affect the amount of refund granted.

10.3 In the unlikely event that you receive damaged goods, replacement goods can be despatched*, or a full refund given, provided that you notify us of the problem within 24 hours after delivery and that

photographic evidence is supplied either by e-mail to sales@customaudiodesigns.co.uk, or by letter to the department and address highlighted in Section 2.1, quoting your surname, company name if applicable, and invoice number. Replacement goods are sent by standard delivery only. Premium services are not available.

*NB Regrettably it is not possible to replace special/last minute clearance items.   

11. Goods for Collection Information

11.1 Customers wishing to collect goods will be advised of the collection point and opening times via their order acknowledgement.

11.2 Customers are requested to either call the Head Office on 01730 269572 or email sales@customaudiodesigns.co.uk to notify the Sales Team when goods are to be collected.

11.3 Customers wishing to collect custom-made goods may do so providing that the goods are collected within 2 days of the collection date previously specified (in section 11.2) otherwise a daily storage fee will be applied at the rate of £2 plus VAT per day per single pallet.

11.4 On arrival, customers will be requested to sign and date a Goods Collection Note as proof that the goods have been collected.

12. Termination

12.1 Without prejudice to any other rights which we may have, we shall be entitled to terminate any contract forthwith and demand immediate payment of any amount due if the Buyer:

12.1.1 Commits any breach thereof; or

12.1.2 Commits any breach of any of these terms and conditions; or

12.1.3 Becomes insolvent or enters into composition with or for the benefit of the Buyer's Creditors or (being a body corporate) has a Receiver or Administrator appointed over its undertaking or assets or goes into liquidation.

13. Risk and Title

13.1 We retain ownership of the products and shall be entitled to dispose of them until whichever of the following two events occurs first:

13.1.1 We have received unconditional payment in full for all the products subject to this contract and the full price of any other products supplied by us to the Buyer; or

13.1.2 Property of the products passes to a purchaser from the Buyer by way of bona fide sale at full market value.

13.2 If payment is overdue in full or in part we may, in addition to our other rights, recover or resell the products and for that purpose we, and persons authorised by us, are irrevocably licensed to enter the Buyer's premises or any other premises where we believe the products to be.

13.3 Payment shall become due immediately upon the commencement of any act or proceeding which, in our opinion, places in jeopardy our title to the products.

13.4 Should Custom Audio Designs Ltd require the services of a debt collection agency to collect any monies outstanding or unpaid then we reserve the right to pass on those fees to the debtor.

13.5 Interest on outstanding amounts will be charged at the Bank of England base rate plus 8%.

14. Indemnity

14.1 Where any products supplied by us pursuant to these conditions are produced to the buyer's designs, plans or specifications the Buyer shall indemnify us and keep us indemnified against all actions, claims, costs, damages or losses incurred by us for the infringement or alleged infringement of any patent, registered design, trademark, copyright or similar protection in respect of the products so produced and/or as a consequence of such designs, plans or specifications proving to be defective in any way or leading to the manufacture of a defective product.

15. Fixing and Application

15.1 Fixing and application of all our products are the responsibility of the Buyer unless the Buyer specifically orders our Installation Service.

16. Feedback – helps us to continuously improve what we do and how we do it

16.1 Customer comments and feedback – help us get it right. The better we do it the more we can pass on in benefits for our customers. We take seriously all comments and feedback that we receive from customers. Whether it be a letter, an email or a call to us, we will try to reply as soon as possible and, at most, within five working days. We welcome all the very positive comments that we receive as much as the constructive criticism. We will let you know if we need longer to reply and we will also keep you informed of progress where relevant. A Director or Senior Business Manager will respond to your feedback as appropriate.

17. Applicable Law

17.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

Your statutory rights are not affected.

I Doc. no. 30086 I V3 Final 16.10.17I S&CS I INFO I

Custom Audio Designs - Soundproofing and Acoustics © 2017