Permanent Installation Terms & Conditions

1. Introduction

These Terms and Conditions govern the sale and installation of audio-visual equipment and related services provided by AV Xpert Limited (the "Company").

"You", "Your", and "Client" refer to the person or entity receiving our products and services. "We", "Us", and "Company" refer to AV Xpert Limited, a company registered in England and Wales (Company Number: 8967195), with a registered office at Unit 2 Kingfisher Court, Hinchingbrooke Business Park, Huntingdon, PE29 6AA.

These Terms are governed by the laws of England and Wales, and any disputes arising from or in connection with these Terms will be subject to the exclusive jurisdiction of the English courts.

By signing the quotation provided by the Company, which details the cost of goods and services to be provided, the Client accepts these terms and conditions.

2. General

If any provision of these Terms and Conditions is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), the invalid or unenforceable provision will be severed, and the remaining provisions will continue in full force and effect.

3. Acceptance of Orders

All orders for the sale and installation of audio-visual equipment and associated services must be accepted by the Client via the Company's online quotations and Acceptance Portal. By signing electronically within the portal, the Client acknowledges and agrees to these Terms and Conditions, and the order will be deemed accepted.

The electronic signature provided by the Client is legally binding and has the same legal effect as a physical signature. The Client agrees that their electronic signature is an indication of intent to enter into a binding agreement with the Company, and that the order is confirmed upon submission of the electronic signature.

The Company reserves the right to refuse any order, at its sole discretion, including but not limited to cases where any required payment is not received, the requested equipment or services are no longer available, or the Company believes the order does not comply with its Terms and Conditions.

4. System Training

As part of our installation and integration service, AV Xpert includes comprehensive system training for the Client. This training is designed to ensure that the Client is fully familiar with the operation of the installed system. The training session will cover all relevant aspects of the system's functionality, including but not limited to: System Overview - A walk-through of the system components and their operations, Operating Instructions - Step-by-step guidance on how to use and maintain the system, Troubleshooting - Basic troubleshooting tips to address common issues, Safety Procedures - Important safety protocols related to the system's use, Q&A Session - An opportunity for the Client to ask questions and clarify any doubts.

The training will take place on-site at a mutually agreed time and location, and the duration will depend on the complexity of the installed system. Additional or follow-up training sessions may be requested by the Client for a fee, subject to availability and scheduling.

5. Warranties

AV Xpert provides a comprehensive warranty for the equipment and services included in the installation, covering both manufacturer warranties and AV Xpert's own service commitments, through our 1-Year On-Site Callout Warranty, which is included free of charge with all installation and integration orders, unless otherwise stated.

All new equipment supplied by AV Xpert is covered by the respective manufacturers' warranties. The terms and conditions of these warranties may vary depending on the manufacturer and the specific equipment. It is the responsibility of the Client to become familiar with the individual manufacturer's warranty for each product, including the duration of the warranty, coverage details, and how to make a claim directly with the manufacturer, in the event that our On-Site Callout Warranty has expired.

In addition to the manufacturers' warranties, AV Xpert's included 1-year On-Site Callout warranty covers you with:

- Immediate telephone support during business hours.

- On-site technician visits for issues that cannot be resolved remotely.

- Manufacturers' warranty claims management, including loan equipment if necessary.

- User training refreshers, including remote sessions throughout the warranty period.

The 1-year warranty period begins from the commissioning date of the installation and lasts for 365 days. This warranty covers defects in workmanship, but is subject to the equipment being used under normal operating conditions and in accordance with the manufacturer's guidelines.

Exclusions: This warranty does not cover:

- Damage caused by misuse, negligence, or failure to follow operational instructions.

- Wear and tear from normal use or environmental factors outside of the equipment's specified operating conditions.

- Modifications or repairs made by anyone other than AV Xpert or an authorised technician, with prior approval by AV Xpert.

- Consumables or accessories, such as cables or batteries, unless explicitly covered by the manufacturer's warranty.

For any warranty claims, the Client must notify AV Xpert in writing within the warranty period, and we will respond promptly to arrange for necessary actions.

6. Enabling Works

AV Xpert provides 230V pre-enabling electrical works only where explicitly specified in the project agreement. In all other cases, it is the responsibility of the Client to arrange for any necessary electrical works to be completed prior to the scheduled installation date.

Additionally, any works involving collaboration with third-party contractors, such as builders, plasterers, electricians, or other trades must be discussed and arranged in advance to ensure that the site is fully prepared. Any delays caused by incomplete enabling works or other contractors will result in extended project timelines and may lead to additional costs.

Should AV Xpert subcontract any electrical work, this is not covered under AV Xpert's on-site warranty, though the sub-contractor may provide their own warranty for such work.

The Client is advised to confirm that all pre-enabling works are completed ahead of the installation date to avoid disruptions and ensure the project runs smoothly.

7. Access to Site

AV Xpert requires sufficient and safe access to the site for the entire agreed installation period. This includes access to all relevant areas where equipment will be installed, as well as the necessary permissions, keys, or codes for entry, and space to safely store tools and stock for the project. Failure to provide adequate access may result in additional installation costs and delayed completion of the project.

For reasons of health and safety, it is essential that the specific work site be closed-off with no access to the general public during the installation period. As the Client, you accept responsibility for ensuring the closure of the site, and you acknowledge that AV Xpert will not be held liable for any loss of earnings arising from this closure.

AV Xpert will not proceed with installation if the site is not properly secured or if access is restricted for reasons beyond our control. If access delays occur due to external factors, additional charges may apply.

Please note that the installation process may involve noise, temporary disruption, or modification to the environment. If the Client requests that the installation work be stopped due to disruption or noise, additional charges may apply. If the work cannot be completed within the agreed timeframe, AV Xpert may need to return at a later date to complete the installation, which could incur additional costs. The Client accepts responsibility for any inconvenience or disruption caused during the installation process and acknowledges that such activities may be necessary to ensure the successful installation and functionality of the new system.

Where possible, the Client shall provide free on-site parking for the technician's vehicle(s) for the entire duration of the project. If on-site parking is not available, any parking fees or costs incurred will be passed on to the Client. The Client is responsible for ensuring the technician has access to a nearby parking space and that these fees are covered.

8. Installation Methods

Unless specifically stated in the quotation, the chasing of cables into walls or floors is not included. AV Xpert will run cables through plasterboard walls and false ceilings or floors where possible, but not if obstructions such as noggings or insulation interfere with the cable route. For all other cable routing, we will use silicone glue, cable tacks, or trunking to ensure the most discreet installation possible.

Where concealment isn't feasible, we will endeavour to use colour-matched trunking or suitable background-coloured cabling to minimise the visual impact, if available.

9. Disposal of Waste

AV Xpert is committed to environmentally responsible disposal of any waste generated during the installation process. We will remove packaging, old equipment, and debris resulting from the installation. However, we will not dispose of any waste that was not created directly through the installation process.

AV Xpert includes the de-installation, removal, and responsible disposal of any existing equipment being replaced as part of the project. The installation site will be cleaned and cleared of waste such as dust, cable off-cuts, and packaging. If you wish to keep the old equipment being replaced, please inform our engineers while they are on-site, and it will be left in a designated area.

Any waste not related to the installation or removal of equipment, including existing materials or waste from other contractors, is the responsibility of the Client.

10. Availability of Equipment

Quotations are valid until the Valid Date shown. If no date is provided, the quotation is valid for 30 days from the document date. However, prices and availability are provided subject to changes by our suppliers and may change without notice. Should any price adjustments or product unavailability occur between the time of issue and acceptance, the Client will be notified promptly.

If items become unavailable at the quoted price, AV Xpert will endeavour to source an equivalent product at the same cost. If no equivalent is available, or if the Client cannot agree upon a suitable alternative at a different cost, AV Xpert reserves the right to remove the item from the order and issue a credit note for the cost of said item, along with a refund of any deposits paid.

In the event that a suitable substitute cannot be agreed upon, the Client understands that the system may not function as intended and agrees to pay for the works and items supplied, even if the system is not fully commissioned. In such cases, the 1-Year On-Site Callout Warranty will be invalidated.

11. Suitability of Equipment

AV Xpert will always demonstrate stewardship and offer professional advice when recommending suitable equipment for the installation. However, it is the responsibility of the Client to communicate their objectives clearly and ensure the system meets their needs. The Client must also conduct their own research to verify that the equipment will achieve their desired outcomes.

If the Client opts for equipment or solutions that differ from AV Xpert's recommendations, they do so at their own risk. AV Xpert is not liable for any misunderstandings or errors related to the project brief. While we take the Client's full specification and requirements into account, some elements may not be included due to limitations of the technology or budgetary constraints. On request, we will outline the full functionality of the system as it was intended, so as to reduce any chance of misunderstanding.

12. Liability for Delays and Stock Issues

AV Xpert cannot be held liable for any unforeseen delays or stock availability issues caused by our suppliers or external factors beyond our control, or for any accidental issues arising during the installation process. While we strive to meet agreed timelines, delays due to manufacturing, delivery, installation, or supply chain disruptions may occur. In such cases, AV Xpert will make every effort to inform the Client promptly and minimise the impact, but we cannot be held responsible for any resulting inconvenience or loss.

13. Changes to the Scope of the Project

Any changes to the agreed scope of the project after the quotation has been accepted must be discussed and approved by both the Client and AV Xpert. Changes may result in additional costs and extended timelines, depending on the nature of the alterations. Any modifications to the project will be documented in writing, and the Client will be provided with a revised quotation for approval. AV Xpert is not obligated to carry out changes without prior written consent from the Client, and such changes may affect the overall performance or functionality of the system.

If the Client decides to omit any sections from the agreed scope, they will remain liable for the total cost as per the original quotation. The Client will not be entitled to a reduction in price for any omitted sections, and the full contractual obligations remain intact.

14. Environmental Factors

AV Xpert cannot be held liable for issues arising from environmental factors such as poor acoustics, lighting conditions, or flickering cameras caused by LED lighting or other unforeseen environmental conditions. While we will always recommend necessary remedies or treatments to mitigate these issues, the Client is responsible for ensuring that the environment is suitable for the system's optimal performance. If these environmental factors are not addressed, certain elements of the Callout Warranty may be invalidated, particularly if they affect the system's functionality and performance.

15. Project Delivery Dates

If specific dates and timelines need to be met, AV Xpert will factor these into our planning and do everything possible to accommodate the Client's requested schedule. However, due to factors such as technician availability and stock constraints, we cannot guarantee specific delivery dates at the time of order. The Client will be notified promptly if there are any changes or delays to the scheduled delivery date.

16. Payment

Payment for installation services and associated fees must be made in accordance with the terms outlined in the quotation or invoice provided by AV Xpert. By accepting the quotation or signing the acceptance document, the Client agrees to adhere to the payment terms as set out by the Company.

A 50% deposit is required at the time of order to secure project dates and reserve stock. This deposit must be paid within 7 days of receiving the deposit payment request. The remaining balance is due upon completion of the installation, with payment terms of 30 days from the date of invoice.

Payments must be made using traceable and secure methods, including card payment, bank transfer, or other electronic payment methods as specified by AV Xpert. For payments over GBP500, BACS transfer or cheque is the only accepted method. Payments must be made from an account in the Client's name.

Any delays in payment may result in delays to the project, suspension of services, or cancellation of the order. In such cases, AV Xpert reserves the right to retain the deposit as non-refundable and to charge for any additional costs incurred due to non-payment, including legal fees and collection costs.

AV Xpert reserves the right to apply late payment interest at a rate of 8% above the Bank of England base rate per month for any overdue payments. Failure to adhere to these payment terms may result in the suspension of services or cancellation of the contract, and the Client will remain liable for all outstanding balances.

In the event that payment remains overdue, AV Xpert may refer the account to a third-party debt collection agency. Any costs incurred from the use of a debt collection agency will be added to the outstanding balance and be the responsibility of the Client.

All goods provided for sale remain the property of AV Xpert until full payment, including any outstanding charges, has been made. In the event that payment is not made as agreed, AV Xpert reserves the right to recover any equipment supplied, including removal from the Client's premises, without prior consent.

17. Cancellation and Postponement

If the Client cancels the project after confirming the order, but before installation has commenced, the client will owe 50% of the total project costs as a cancellation fee, and as such, the deposit will not be refunded.

If the Client cancels after installation has commenced, the full project balance will be due as originally agreed. However, under these circumstances, the Client will retain ownership of the purchased stock, which will be handed over, but will not be installed.

In the event of postponing the agreed delivery dates, and if stock has already been ordered, AV Xpert reserves the right to invoice an additional 25% of the total balance to cover the costs incurred. Postponements must be communicated promptly, and any changes to the delivery schedule will be subject to availability and agreement. Should further delays occur, additional charges may apply.

18. Rental, Sale and Service Charges

Your order confirmation and invoice may include charges for rental, sale, and services.

Rental charges may apply for specialised access equipment or other non-standard tools required for installation. These charges are based on the project delivery period as specified in the Order Confirmation. If the project duration extends due to factors beyond our control, additional hire fees may be incurred.

Sale charges cover all specified equipment supplied for installation. Ownership of purchased equipment transfers to the Client upon full payment.

Service charges cover areas of the project such as integration, programming, installation, commissioning, and training. These charges are outlined in the Order Confirmation and may be structured as follows:

- Hourly Rate - Charged per hour of service.

- Day Rate - A flat fee for up to 8 hours, including travel if applicable.

- Flat Rate - A fixed charge covering a non-specified duration.

- Distance Rate - Charges based on delivery or travel distance at prevailing rates.

For hourly or daily rate services, no refunds are provided for unused time if the service is completed sooner than anticipated or if the Client requests a reduced duration. However, if for unforeseen circumstances, the project takes longer than expected due to factors within our control, no additional rental or service charges will be applied.

19. Safety, Risk Management, and Conduct

AV Xpert is committed to ensuring the highest safety standards during the installation of equipment. However, the Client also has responsibilities to maintain a safe environment before, during, and after installation.

Prior to installation, AV Xpert will conduct a comprehensive risk assessment and method statement, which will be shared with the Client upon request. These documents will outline all necessary precautions and procedures to ensure safe working conditions.

The Client is responsible for ensuring that the installation site is safe and free from hazards, along with other responsibilities relating to the health and safety of personel, including, but not limited to:

- Providing clear and unrestricted access to all required areas.

- Ensuring the installation area is free from obstructions and potential hazards.

- Ensuring that structural and electrical requirements meet safety standards.

- Informing AV Xpert of any site-specific risks in advance.

- Ensuring that only authorised and trained individuals have access to the installation area.

If AV Xpert determines that conditions are unsafe, work may be paused or may have to be rescheduled. Any additional costs resulting from delays due to unsafe conditions caused by a lack of cooperation from the client, or the client's negligence, will incur additional costs.

The Client is responsible for ensuring a professional and safe working environment for AV Xpert personnel. Any form of verbal or physical abuse towards AV Xpert staff may result in immediate termination of services, with full payment still required.

All installation activities must comply with relevant health and safety laws. AV Xpert is not liable for injuries, damages, or losses resulting from the Client's failure to uphold safety responsibilities.

20. Confidentiality and Consultancy Services

Both AV Xpert and the Client agree to maintain the confidentiality of any business-sensitive or proprietary information shared during the project. This includes technical details, pricing structures, system designs, and project documentation. Such information must not be disclosed to third parties without prior written consent, except as required by law.

AV Xpert offers a free initial consultation and quotation service, which is strictly intended to assist Clients in making informed decisions. This service does not replace our consultancy service, which is available for those seeking independent advice on suitable products and system designs—particularly if they intend to procure and install the equipment themselves or submit the project for tender.

All quotations and related documentation provided through our free consultation are confidential and intended solely for the Client and any relevant decision-making bodies. These materials must not be shared with third parties without explicit permission from AV Xpert.

We trust that our Clients engage with us in good faith. However, if it is found that a Client has shared quotations, designs, or other confidential details with third parties without authorisation, AV Xpert reserves the right to invoice a consultancy fee to compensate for the time and expertise involved in preparing the system design and quotation. This fee will start from £150 + VAT, depending on the complexity of the work involved.

21. Intellectual Property

Any custom software, programming, or unique system designs developed by AV Xpert as part of the project remain the intellectual property of AV Xpert unless otherwise agreed in writing. The Client is granted a non-exclusive licence to use such intellectual property for its intended purpose. Any unauthorised reproduction, modification, or distribution is strictly prohibited. The Client retains ownership of any equipment purchased outright but does not acquire rights to proprietary software, configurations, or documentation unless explicitly stated in the contract.

22. Dispute Resolution

In the event of a dispute, both parties agree to attempt an amicable resolution through negotiation. If a resolution cannot be reached, disputes shall first be referred to mediation or arbitration in accordance with the laws of England and Wales before legal proceedings are initiated. Any legal action shall be brought exclusively in the courts of England and Wales. AV Xpert and the Client agree to bear their own legal costs unless otherwise determined through arbitration or court ruling.

23. Force Majeure

Neither AV Xpert nor the Client shall be held liable for delays or failure to fulfil obligations due to circumstances beyond reasonable control. This includes, but is not limited to, acts of God, natural disasters, war, terrorism, strikes, supply chain disruptions, or government actions. In such cases, both parties shall take reasonable steps to mitigate delays, and project timelines may be adjusted accordingly. If fulfilment of the contract becomes impossible, either party may terminate the agreement without penalty, except for costs already incurred.

24. Waiver

Failure by AV Xpert to enforce any provision of these terms at any time shall not be construed as a waiver of our rights to enforce the same or any other provision in the future. No waiver of any breach shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by an authorised representative of AV Xpert. The Client acknowledges that continued service or engagement does not imply a waiver of any rights or obligations outlined in these terms.

25. Errors and Omissions Excepted (E&OE)

AV Xpert takes great care to ensure the accuracy of all quotations, invoices, and documentation. However, errors and omissions are excepted. In the event of any discrepancies, AV Xpert reserves the right to correct any mistakes and adjust the associated costs accordingly.