By paying City Insulation a booking deposit we assume that the client has read through the quotation, invoice and terms and conditions set out below and agrees to them.
These are the terms and conditions on which we, City Insulation Group Ltd (trading as City Insulation) offer to deal with you, our customer. They supersede any earlier conditions (including any appearing in our catalogues or web-files). They govern all contracts under which we supply to businesses. They override any terms proposed by you whether in the order or in any negotiations or otherwise.
- Sound Reduction Guarantee – All reductions mentioned on any of our literature by City Insulation is for information purposes only and describe what can be achieved but cannot be guaranteed. Sound is extremely subjective and results will vary from building to building and person to person. If you wish to be scientific with the process then you should hire a professional acoustician to come and do tests before and after work has been completed. We can highly recommend David Sproston of Agility Acoustics for this work. Note, this test and any financial transaction for such a test is completely separate from that of City Insulation.
- Flanking Noise – Flanking noise is sound that gets into the structure of a building and travels around the path of least resistance. It can travel through floors, walls and ceilings – any part of a building. Just because you have soundproofing work done on one or even multiple surfaces does not mean that no sound will be heard. Flanking noise varies from building to building – an indication of such can be seen by simply putting your ear to the surfaces in a room and comparing but if you wish to get a firm understanding of a rooms flanking issues before any soundproofing work is done then an acoustician should be consulted prior to employing City Insulations’ services.
- Preparations by client before install commence – We respectfully ask that all movable furniture be removed prior to our arrival. Our teams can help with heavier items but we cannot accept any liability or responsibility for any damage caused to objects/furniture if we must move these items. Please let us know if there is any furniture that can’t be moved. Please make sure these items are covered and protected. We will work very carefully around these items but will not accept liability for damage. Dust can escape the immediate area of works and we will suggest taking precautions before work commence. We will always attempt to keep dust and debris to a minimum and clean the immediate working area to the best of our ability. We cannot accept any responsibility for damage caused by dust.
- Cancellations and refunds of booking deposits – The client has the right to cancel or postpone works after booking deposit has been paid. The refund amount will be a percentage of total monies received as set out below:
- 30 or more calendar days before work commences 100% refund
- 20-29 calendar days before work commences 75% refund
- 10-19 calendar days before work commences 50% refund
- 0-9 calendar days before work commences 0% refund
- Due to the nature of these installs, we may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless we have agreed to do so or we have failed to exercise reasonable skill and care, the Services do not include us ‘making good’ any damage caused, painting or decorating.
- Floor protection – Adequate floor protection will be installed by us before works commence. This protection will be removed after works unless client request it to be left in place for other trades
- Decoration – Once City Insulation has completed the work there is likely to be decoration required. Whilst we are as careful as can be, we are often retro-fitting systems into precise areas – sometimes scuffs can happen or mastic can drip. Be prepared to decorate or at best touch up after we have completed the job.
- Carpet fitting – while we will make every attempt to re-fit a carpet after soundproofing a floor, we are not carpet fitters and so it may be beneficial to organise a professional carpet fitter to do the work after our work is complete.
- Floorboards – when soundproofing a floor, typically we will need to remove the floorboards. sometimes the floorboards do not come up in one piece. We will show you how many have broken when being lifted but an extra cost will be submitted where floorboards need to be replaced.
- Underfloor – Unless underfloor pipes and electrics have been signed off within the last 6 months City Insulation can not accept any responsibility for any damage to them.
- This does not cover any level of sound reduction whatsoever.
- It covers the physical installation only.
- The workmanship guarantee does not cover any damage made to the wall, ceiling or floor whatsoever by you, any other third party or any other external factors such as subsidence, leaks or fire.Workmanship Guarantee – we offer a 2 year guarantee on our workmanship. That is, we will rectify any work that has failed as a result of incorrect installation methods. To clarify:
- Except for death or personal injury arising from the negligence for which we are legally liable, we shall have no liability in respect of any alleged defective product beyond replacing it (if that is reasonable) or (if it is not) refunding the price. We shall not be liable for any other loss, whether it be direct, indirect, consequential, or incidental injury, or for any failure to meet any standards or requirements as to or measuring noise.
- No order that we accept can be cancelled by you unless we agree in writing. Any goods which we agree to accept back must be returned at your expense in reasonable condition accompanied by a goods return note stating our advice note number and invoice number. Any refund will be made less a 25% restocking charge and any costs incurred as a result of the returns.
- Risk in respect of all supplies shall pass on delivery.
- Any reverberation calculations or figures offered are offered as a guide only.
- Booking Deposit and Payments Schedule
- Small Installs (1-2 days) – 30% Deposit, 70% on completion
- Medium Installs (3 days and over) – 30% Booking Deposit, 35% On Start Date, 35% on completion
- Large Installs (2 weeks or longer) – Deposit and payments will be discussed with client.
- Prices quoted by us are valid for no more than thirty days from the date of the quotation. We may increase prices and change packaging and specifications. VAT is to be added.
- All invoices are strictly payable no later than on demand or the credit terms which we have agreed in writing. We may charge interest at the rate of 2.5% per month (calculated daily) upon all overdue balances. We may also charge £100 per invoice and the reasonable costs of recovery.
- Time for payment is of the essence and if not made on time then all sums owed by you shall forthwith become due and payable, as they shall if you are or become insolvent.
- You must ensure that any goods which you order will be suitable for the purpose for which they are proposed to be used, and you must not rely on any information (including specification) which we provide, which is a guide only.
- We agree that the goods which we supply will be of satisfactory quality by reference to the quality of goods normally supplied by us.
- Any timescales which we propose for supply or install is only an estimate. If we do not meet it we shall not be in breach of contract. We may postpone any supply for a reasonable time.
- You should inspect goods immediately upon delivery and report to us within 24 hours by email to email@example.com any defect or discrepancy. You must provide such information as we reasonably request. Any damaged material must not be disposed of. If we are not notified within that time then the goods will be treated as accepted.
- You must ensure that any person acknowledging receipt of a supply is authorised to do so. You agree that the signature of delivery is conclusive proof of delivery.
- If you do not accept delivery we may store the goods and charge you for the reasonable costs of storage and insurance.
- Title in any goods supplied shall not pass until you pay the price in cleared funds and any other debt which you owe us for goods which we supplied or have agreed to supply. You must store our goods in such a way that they can easily be identified as being our property. Unless you are or become insolvent, then you may re-sell the goods in the ordinary course of business, but if you have not paid us then you must keep the proceeds of sale separate from other funds and pay it to us.
- We may also retain a general lien on any equipment or other goods in our possession for any unpaid debt which you owe to us.
- We take all reasonable precautions when installing not to damage electrics, plumbing or other such fittings. Should accidental damage occur, City insulation shall pay for any reasonable damage to repair the property.
- Limitation of Liability
- This Clause sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other for:
- any breach of this agreement however arising;
- any use made or resale of the Goods by the Customer, or of any product incorporating any of the Goods; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
- Nothing in the agreement shall limit or exclude the liability of either party for:
- death or personal injury resulting from negligence; or
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 12 of the Sale of Goods Act 1979.
- Neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any
- loss of profit;
- loss of goodwill;
- loss of business;
- loss of business opportunity;
- loss of anticipated saving;
- Job Date Bookings – Dates for having work completed are offered on a first come first served basis and no booking is made without first and deposit acknowledgement.
- Insurance – We will happily email across up to date insurance documents on request
- Ownership – goods and services remain the rightful ownership of City Insulation until paid for in full. If goods are not paid for we reserve the right to remove them and can not be held responsible for re-decoration or the costs involved for such a task.
- This document is final – City Insulation will not accept liability or responsible for any verbal statements made by a representative or any employee of the company which are contradictory to the terms of this document.
General Client Obligations for ALL Consultancy and/or Install Services
- All information provided by the Client shall be accurate and in no way, whether by action or omission be misleading.
- The Client shall ensure that the owners / occupiers of the premises have sufficient insurance to cover all liabilities arising from:
- Injury to City Insulation staff whilst onsite.
- Accidental damage to City Insulation equipment / property whilst onsite.
- Damage or injury to third parties whilst onsite.
- The Client shall be responsible for obtaining the necessary permission or permits for City Insulation employees to have access to all relevant parts of the premises in order to complete all necessary surveys, inspections or installs.
- The Client shall ensure that the Site Manager is fully aware of the scheduled works and shall brief all other relevant site personal and contractors of the scheduled works, including the limitations that this will have on their entering or exiting the premises. If City Insulation are delayed in completing the works beyond the specified time detailed within the quotation or emailed booking confirmation as a result of other site activities then additional quoted hourly rates shall apply TBC. These may also attract the Out of Hours Surcharge of +25% on any invoiced amount.
- The Client shall ensure that there are at least 2 x 240V uninterrupted mains power sockets available for use by City Insulation within 20 meters of the test location.
- City Insulation will require a parking space for a large van type vehicle within a reasonable distance to the working area. Where site parking is unavailable any parking charges including fines shall be chargeable to the Client.
- It is the obligation of the client to inform City Insulation of any logistical considerations that may interfere with the normal schedule of work. This can include but is not limited to parking, delivery locations of materials in relation to install location, booked rooms and other such factors.
These terms and all our business dealings with you are governed only by English Law and the sole jurisdiction of the courts of England .