Application and Entire Agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by ACA Acoustics Limited a company registered in England and Wales under number 08228154 whose registered office is at 3 London Road, Baldock, Hertfordshire, SG7 6LE and whose trading address is 12 Sheep Street, Highworth, Wiltshire, SN6 7AA (we or us) to the person buying the services (you).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A ”business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation or covering correspondence; however, time shall not be of the essence in the performance of our obligations and we shall not be liable for any loss, damage or expense suffered by the you as a result of any delay in completing the Services.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 10, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
- The fees (Fees) for the Services are set out in the quotation and are on a fixed-fee basis.
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance along with a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services or such other rate as may be agreed between us.
- The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started at any time without prior notice.
- If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
- If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will invoice you for payment of the Fees either:
- when we have completed the Services; or
- on the invoice dates set out in the quotation.
- You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be of the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
- Where the Agreement has been made by a third-party acting on behalf of another, the third-party making the instruction and accepting the quotation will act as a guarantor (Guarantor) hereby irrevocably and unconditionally guaranteeing to us the due and punctual payment of any amount due and owing to us for the Services (Guaranteed Moneys). The Guarantor agrees that, if at any time or from time to time any of the Guaranteed Moneys are not paid in full on their due date it will immediately on demand unconditionally pay to us the Guaranteed Moneys which have not been so paid.
- We will invoice you for payment of the Fees either:
Sub-Contracting and Assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions, without the prior written consent of ACA Acoustics Limited, which shall not be reasonably
- We can terminate the provision of the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make payment of any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule Bl of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We can terminate the provision of the Services immediately if you:
- We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to £500,000 (Five Hundred Thousand Pounds).
- We shall maintain professional indemnity insurance in an amount of not less than £500,000 in each and every claim from the date of the Services commencing and for a period of 6 years following completion of the Services, subject to it being available at commercially reasonable rates, and we shall provide reasonable evidence of such cover to you on request.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- You must indemnify us against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances Beyond a Party’s Control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts
"I want to share with you my appreciation for the honesty and sincerity you have shown throughout our work together.
It’s getting rarer these days that clients’ interests are put ahead of pressure to generate fees.
I would definitely recommend you to others."
"I have had the pleasure of using ACA Acoustics’ services on a high-end residential project in Vauxhall, London.
The commitment and proactiveness received from Rob Cant and his team was greatly appreciated on an extremely challenging and short time-framed project. This resulted in ACA Acoustics providing acoustic consultancy services on the current 51-storey commercial fit out project in Central London.
I would not hesitate with recommending their services as they are my preferred company for acoustic consultancy."
Joe Wu – T Clarke PLC
"I have been using ACA Acoustics during my employment at different companies since Rob set the business up in 2012. Rob and his team offer an excellent service and very competitive costs for carrying out acoustic sound surveys and reports. In the fast pace nature of the hospitality client field their fast turnaround is greatly valued and helps me to build a robust offering to my clients."
Craig Ballantyne – Spiritus Technical Services Limited
"We used Rob from ACA Acoustics and would highly recommend their services. The work was carried out to an extremely high standard, these guys obviously know their business.
There was some opposition to our project and those opposing employed an independent acoustic agent to try and discredit the report Rob had produced. However, the other report was thrown out and deemed totally inadequate and the Local Authority praised the report submitted by ACA Acoustics.
As I say, these guys know their stuff and are extremely competent and most professional."
Sanchia Ascroft – The Thatch Barn, Yelling
"ACA Acoustics’ practical understanding of the HVAC industry and professional yet common sense approach to finding the right solution for each project is the reason why I’d always choose to use them on my projects and recommend them to my clients."
Ed Fellerman – Chapman Ventilation Limited
"I’ve worked with Rob and ACA for a number of years on numerous projects, and their proactive approach and negotiation skills have helped my clients and I overcome various difficult challenging noise issues to secure tricky planning consents.
As a planning consultancy we have worked with various noise consultants and I have found ACA to be the most pragmatic and adept, going beyond simply undertaking noise calculations to help find solutions and fight our corner when needed."
Mark Shearman – Firstplan
"I use ACA Acoustics to assist with all our projects which require an acoustic assessment. They also provide the acoustic design for separating walls and floors to comply with The Building Regulations Approved Document E.
Their straightforward and practical advice complements the service I can offer to my clients and I highly recommend their service."
Ian Hubbarde – Link Architecture