Terms and Conditions – Product and Services

Effective Date: 1 April 2024

These terms and conditions (“Terms”) govern your use of this site (whether as a casual visitor, customer, or supplier) and any purchases of products or services from us. By engaging in these activities, you agree to these Terms unless alternative terms are expressly agreed upon in writing by both parties.

The Acoustics Company is a trading name of Technical Materials Company. These Terms may be amended, withdrawn, or replaced from time to time. Any changes will be published and deemed effective upon publication.

This document comprises three sections:

• A. Terms and Conditions for Use of the Website
• B. Terms and Conditions for Doing Business with Us
• C. General Terms and Conditions Applicable to Both the Above

These Terms apply to all sales made by The Acoustics Company (“we,” “us,” or “our”) to business-to-business (B2B) and business-to-consumer (B2C) customers, both nationally and internationally. “You” and “your” refer to any person or organisation accessing this site or conducting business with us. “Us,” “our,” or “we” refer to The Acoustics Company or, if contextually required, a specific company within The Acoustics Company.

A. Terms and Conditions for Use of the Website

1. Information and Privacy

1.1 When accessing the site and providing information or placing an order, you must do so lawfully and are responsible for the accuracy of the information supplied. If you are representing an organisation, you warrant that you have the authority to do so and are personally responsible for ensuring the accuracy of the information and the performance of any resulting contract.

1.2 You warrant that you have the legal capacity to provide information and/or enter into a contract with us. You agree to supply information that is accurate and not misleading.

1.3 Our privacy policy, available on the website or upon request, applies to all information we hold about you.

2. External Links

2.1 This site may include links to other websites, social media sites, or similar platforms. We do not control these sites and are not responsible for your experience when accessing them.

2.2 If you provide information to another site, ensure they have appropriate measures to protect your information. We disclaim any liability arising from the use of third-party websites.

3. Unsolicited Ideas

3.1 We do not review or accept unsolicited submissions of ideas, inventions, designs, or other materials related to our business from external parties. Therefore, do not post or send such materials to us unless expressly agreed upon in writing.

4. Opting Out and Unsubscribing

4.1 All our marketing communications include an easy way to opt out of future messages, such as an unsubscribe link.

4.2 To opt out of receiving marketing messages, use the unsubscribe link in the messages received or contact us at [email protected]

B. Terms and Conditions for Doing Business with Us

5. Orders

5.1 Orders for products and/or services must be placed directly with us or through an authorised sales agent in writing, following the procedures we set. Orders not made in this manner may be rejected without notification. We cannot be held liable for delays or omissions resulting from orders sent to an incorrect inbox or provided in an incorrect format.

5.2 An “order date” is defined as the date on which we receive all the required information in the appropriate format, which may not necessarily be the date of the order. Upon receipt of an order and all relevant information, an order acknowledgment will be sent to you, confirming the order date, approximate delivery date, and the details of the items ordered. It is your responsibility to review this information carefully. Any discrepancies or issues must be reported promptly to your sales representative or via email at

[email protected].

5.3 A legal contract for the supply of products and/or services is created only when we accept an order or quotation in writing.

5.4 An order cannot be cancelled after an order acknowledgment has been issued without written consent from both parties. If a cancellation is accepted, you will be notified of any costs incurred, which will be charged to you accordingly.

6. Quotations (inc Project reports and plans)

6.1 Our quotations are valid for thirty (30) days from the date sent to you. After this period, if not accepted, the quotation is deemed withdrawn.

6.2 We reserve the right to withdraw or alter a quotation or project report at any time before acceptance.

6.3 A quotation and or project report is valid only for the specified products and/or services. Additional products or services requested will constitute a separate order, for which you must pay the additional price.

6.4 The quoted price and project report may be subject to change between the date it is provided and the date the product is ordered. If any omissions or errors are identified, we will notify you and issue a revised quotation. Any changes to the price and or Project Report will be agreed upon before the order acknowledgment is issued and the order is accepted.

6.5 It is your responsibility to thoroughly review and ensure that the quotation, including any accompanying project reports, meets your exact requirements before acceptance. By issuing a purchase order, signing the quotation, or providing any form of confirmation, you are deemed to have accepted the quotation as accurate, complete, and fit for purpose.

6.6 We accept no liability for any errors, omissions, or discrepancies not brought to our attention in writing before acceptance. Failure to conduct a detailed review does not exempt you from these Terms. Any claims arising after acceptance will be subject to the limitations outlined in these Terms.

6.7 Unless and until payment for the Project Report has been made in full, you are not authorised to share it with any third party, including competitors, without our explicit prior written permission. This restriction specifically prohibits sharing for purposes such as obtaining alternative pricing from competitors. If a breach of this clause is identified, you will be liable for the full payment of the Project Report, with a minimum charge of £3,000, subject to increase depending on the complexity of the project. The copyright and intellectual property rights for the Project Report remain the exclusive property of The Acoustics Company at all times.

7. Price

7.1 If products or services are supplied without a stipulated or agreed price, you will pay the price advertised or detailed by us or any authorised sales agent in official materials or on an authorised website, along with any related costs or taxes as described in clause 7.2.

7.2 Unless otherwise stated, the stated price excludes Value Added Tax (VAT) and any other applicable taxes or levies, all of which you must pay in addition to the quoted price.

7.3 Prices are stated in GBP (or other specified currencies) and are exclusive of taxes, duties, and shipping costs unless otherwise stated.

7.4 Prices and price lists may vary depending on periodic reviews or changes in the supply chain. If differing from the price list or quotation, this change will be confirmed at the time of order.

8. Payment

8.1 Payment for any supply must be made in the agreed or stipulated manner and time. Unless otherwise agreed, payment of any invoice must be made in full, without deduction, in the agreed currency and cleared funds. For domestic sales, payment is due by the 20th day of the month following the invoice month. For export sales, payment is due immediately before the Bill of Lading is delivered or made available to you or your agent.

8.2 Interest will accrue on any amount payable to us that remains unpaid after the due date, calculated daily at 15 percent per annum. Interest must be paid upon written demand. Additionally, you will reimburse us for any costs incurred in enforcing payment or other obligations against you.

9. Security for Payment

9.1 Except as otherwise provided, we retain ownership of supplied products until all payments due to us have been received in full. Until then, you must hold and insure the products in a manner that protects us as the unpaid seller.

9.2 If such products are on-sold or affixed to other goods or property, we have the right to trace our ownership interest into the proceeds of on-sale (including any mixed fund) and into any new or mixed goods that include these products.

C. General Terms and Conditions 

10. Warranties and Liabilities

10.1 You are obligated to conduct a thorough inspection of the products upon delivery to identify any defects or lack of conformity. Failure to communicate written reservations within 5 days implies acceptance (this does not include damage by third-party carriers; see section below on delivery terms and conditions).

10.2 For bespoke products, you acknowledge no refunds or cancellations are possible unless the product is faulty or non-conforming.

10.3 Our liability for hidden defects is limited to replacing or refunding defective products and does not extend to indirect losses such as lost revenue, additional costs incurred by you, or goodwill.

10.4 The guarantee against hidden defects is valid for 12 months from delivery. To assert claims, written notification must be provided within 5 days of discovery.

11. Acceptance of Installed Products

11.1 By proceeding with the installation of any product, you acknowledge and agree that the product is deemed to have been accepted as delivered and fit for purpose. Once installed, the product is non-returnable and non-refundable, except in instances where hidden defects, not reasonably discoverable prior to installation, are identified. Any claim regarding such hidden defects must be made in writing within five (5) days of discovery.

12. Limitations of Desktop Reverberation Reports

12.1 Our desktop reverberation reports are provided as general guidance only and are based on the information supplied to us. These reports are not a substitute for a detailed site-specific acoustic assessment conducted by a qualified acoustician. As we are not acousticians, we do not accept any liability for inaccuracies, errors, or omissions in the report or for any decisions made based on its contents. If precise or critical acoustic performance is required, we strongly recommend engaging the services of a qualified acoustician to conduct a comprehensive analysis.

13. Product Tolerances

13.1 The tolerances for each product are specified in the datasheets and are based on controlled material conditions such as temperature and humidity. These tolerances are therefore subject to variation and are provided for general information only. If you require specific tolerance parameters, please specify them in your order or request a tailored quotation.

14. Delivery Arrangements and Risk

14.1 Delivery of ordered products will be made according to the timeframes and freight or shipping arrangements provided in an accepted order or quotation. If not specifically agreed, products will be shipped to your last notified address. For export sales, unless otherwise agreed, products will be shipped according to the prevailing Incoterms Ex Works wording.

14.2 All deliveries and collections must be inspected upon receipt, and damaged packaging/products must be photographed and refused or signed for as damaged.

14.3 By signing for a delivery, you or your representatives confirm acceptance of the goods as received. No refunds or replacements will be provided as we cannot make a claim for our third-party provider.

14.4 Risk in products supplied within the United Kingdom passes at the agreed time or, if not agreed, at the time of delivery. For exported products, risk passes according to the applicable shipping terms (Ex Works unless otherwise agreed).

14.5 Delivery timelines are indicative and not guaranteed. Risk transfers to the customer once products are made available at our premises (EX WORKS).

14.6 Ownership of goods transfers only upon full payment. Until then:

• Goods cannot be resold, pledged, or transferred without our consent.
• Amendments to collection or delivery arrangements must be communicated to us as soon as possible and are subject to our approval.

15. Next-Day Delivery Terms

15.1 Next-day delivery may take until 5:30 PM on the following day to arrive. 15.2 If a specific timed delivery is required, the customer must book and pay for a dedicated carrier service, but again this cannot be guaranteed. 15.3 During peak travel periods or adverse weather conditions, deliveries may be delayed. Under our contractual agreement with the third-party carrier, we have no recourse for delays of up to 48 hours.

16. Pallet and Box Deliveries

16.1 Pallet deliveries are curb side only and require the customer to provide appropriate equipment to unload the goods from the vehicle. Any delays in unloading that result in additional costs will be charged to the customer.

16.2 Deliveries are made to the address specified by the customer during the ordering process. Any changes to the delivery address must be communicated in advance and will incur additional fees.

16.3 For B2C box deliveries, if no one is available to accept the delivery, the carrier may leave the package in a safe place or attempt redelivery based on their terms.

16.4 Refused deliveries will incur an additional charge for redelivery.

16.5 Customers are responsible for notifying us promptly if a delivery is missed or delayed.

17. Collections

17.1 Customer Collections

• Customers may collect goods directly from our designated collection point.
• Collections must be scheduled in advance, and the customer will be notified once the goods are ready.
• Customers are responsible for ensuring that appropriate vehicles and equipment are used for the collection of goods.

17.2 Third-Party Collections

• Customers may appoint a third party to collect goods on their behalf.
• The customer must provide written authorisation for the third party to collect goods, including the third party’s contact details.
• The customer and/or third party must confirm the collection appointment with us in advance.

17.3 Responsibility for Goods

• Risk of loss or damage to the goods passes to the customer or their appointed third party at the point of collection.
• It is the customer’s responsibility to inspect the goods upon collection to ensure they meet the agreed specifications and are free from defects. Any issues must be reported immediately at the time of collection.

17.4 Collection Times

• Collections are only permitted during our standard business hours, which will be communicated in advance.
• Customers or their third parties arriving outside these hours may not be accommodated.

17.5 Delays and Uncollected Goods

• If goods are not collected within the agreed timeframe, storage charges may apply.
• Uncollected goods beyond 30 days may be subject to resale or disposal at our discretion, with no liability to us.

17.6 Identification Requirements

• When collecting goods, the carrier must present your or our order number. Without this, the carrier will be turned away.
• We reserve the right to refuse release of goods if identification or authorisation is not adequately provided.

17.7 We are not liable for any damage or loss incurred during transportation after goods have been collected by the customer or their appointed third party.

18. Storage of product

Proper storage and handling are essential to maintain its quality and performance and to validate the waranty.

Here are the recommended storage instructions:

• Keep Dry and Indoors: Store Cube panels in a dry, indoor environment to prevent moisture damage.
• Flat Storage: Always store panels flat on a clean, dry surface to avoid delamination or distortion.
• Protect Edges: Ensure the edges are protected from being crushed or damaged.
• Avoid Bending: Do not bend the panels, as this can cause creasing.
• Handle with Care: When handling, avoid dropping the panels on their corners or edges. Wearing clean cloth gloves can help prevent soiling.
• Inspect Upon Delivery: Upon receiving the panels, inspect them for any damage. If damaged, note the condition on the freight documents and contact Autex immediately. Goods signed as received in ‘good condition’ will not be the responsibility of Autex.
• Storage Temperature: Store the panels in an environment with a temperature range of 5°C to 35°C. Avoid exposure to extreme temperatures to prevent deformation or damage.
• Storage Humidity: Maintain a relative humidity level between 30% and 70%. Avoid damp or excessively humid conditions to prevent moisture absorption.
• Acclimatisation: Store the panels in the room where they will be installed for at least 24 hours prior to fitting. This allows the panels to adjust to the room’s temperature and humidity, ensuring optimal performance during installation.

By following these instructions, you can maintain the panels’ quality and ensure a successful installation.

19. Force Majeure

19.1 We shall not be held liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes).
• Strikes, labour disputes, or industrial actions.
• Government actions or regulations.
• Epidemics, pandemics, or public health emergencies.
• Transport disruptions or supply chain delays.

19.2 Obligations will be suspended during the force majeure event. Either party may terminate the contract if the event persists for more than 60 days.

Applicable Law and Jurisdiction

20.1 These Terms are governed by UK law. 20.2 Disputes will be resolved in the competent UK courts unless otherwise agreed.

Terms and Conditions – Installation specific

1. Installation Services

1.1 We will perform installation services as specified in your approved quotation and project report.
1.2 All installation services will be carried out at the agreed location (“Site”) and according to the schedule provided and agreed in advance, subject to delays beyond our control, such as adverse weather, site access restrictions, or supply chain issues.
1.3 Our installation price will remain firm for 30 days. Should the contract continue beyond this date, the price will be subject to adjustment for any cost increases arising thereafter.
1.4 If additional work is required due to unforeseen circumstances or at your request, the price and schedule for these works will be agreed upon additionally in writing and will not commence unless a separate order extension is provided in writing from you.

2. Site Requirements

2.1 You must ensure the Site is prepared for installation, including but not limited to:
• Providing clear and safe access with no obstructions.
• Ensuring the installation area is clean, dry, and structurally suitable.
• Confirming electrical outlets and any required utilities are available.
2.2 We assume ready access to the Site during normal working hours (8am – 5pm, Monday to Friday) and on a continuous schedule unless otherwise agreed. If access is delayed, we reserve the right to charge for additional time or impose an abortive visit charge.
2.3 You are responsible for ensuring the installation surface is suitable, stable, and properly prepared for our products. We hold no responsibility for weight calculations or substrate priming and stabilisation.
2.4 If electrical connections or integrated services (e.g., plumbing, data) are required, and no prior indication is given, additional charges may apply for these items.
2.5 If any services, e.g., lighting, have changed from the project report/quotation phase to the installation phase, and delays, changes, or additional products or work are required, it will be agreed in writing before work starts, and the plans will be changed and countersigned as a minimum.

3. Health and Safety
   

3.1 Our team will comply with all relevant health and safety regulations during the installation process.
3.2 You are responsible for notifying us in advance of any specific Site hazards or safety protocols.
3.3 We will not be liable for delays caused by your failure to provide a safe working environment.

4. Warranty on Installation
   4.1 We warrant that our installation services will be performed with reasonable care and skill.
   4.2 The warranty period for installation services is 12 months from the date of completion (“Warranty Period”).
   4.3 The warranty covers:
   • Defective workmanship.
   • Improper installation resulting in compromised performance of the acoustic panels.

4.4 The warranty does not cover:

• Damage caused by third parties or unauthorised modifications.
• issues arising from environmental conditions, misuse, or improper maintenance.
• Pre-existing Site conditions or structural defects.

5. Claims Under Warranty

5.1 To make a warranty claim, notify us in writing during the Warranty Period, providing details of the issue and supporting evidence (e.g., photographs).
5.2 If a warranty claim is valid, we will repair or re-install the affected panels at no cost to you. If repair or re-installation is not feasible, we may offer a refund for the installation portion of your invoice.

6. Sign-Off and Warranty Activation

6.1 At the end of the installation, a site sign-off form will be provided to you or your designated representative.
6.2 This form is used to confirm your review of the completed work and acknowledge it as satisfactory. Photographic evidence of the work quality will also be provided.
6.3 Any issues or concerns with the work must be documented on the sign-off form at this stage.
6.4 The signed form serves as confirmation of work completion and is required to activate the installation warranty. If the form is not signed, no warranty will be offered.

7. Limitations of Liability

7.1 Our total liability for any claims arising from installation services is limited to the amount you paid for the installation.
7.2 We are not liable for:

• Loss of profits, revenue, or business opportunities.
• Indirect or consequential damages.
• Delays caused by circumstances beyond our control.

8. Customer Responsibilities

8.1 You are responsible for:

• Ensuring all Site preparation tasks are completed prior to our arrival.
• Maintaining the panels post-installation as per our care guidelines.

8.2 Failure to meet your responsibilities may result in additional charges or void the installation warranty.
8.3 Provision for waste removal, including skips or disposal methods, must be made available on-site at no cost to us unless otherwise agreed. Additional charges may apply if waste removal by us is required.

9. Changes to Installation Schedule
   

9.1 Requests to change the installation schedule must be made in writing at least 7 days prior to the agreed date. Approval of such requests is at our discretion and may incur additional charges.
9.2 We reserve the right to reschedule installation due to unforeseen circumstances, and we will notify you promptly in such cases.

The Technical Materials Company Trading as The Acoustics company / Acousticpanels.co.uk

Registered Address – 58 High Street, Telford, Madeley, Shropshire, United Kingdom, TF7 5AT

Company number- 07238486

Vat Number – GB19316211

EORI Number – GB193136211000