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Installation, Sales & Maintenance Terms and Conditions

These Service Terms and Conditions ("Agreement") are entered into between HAM-Sound, ("the Company") and the Full Name / Company name of the Client as per the quote ("the Client"), as of the date of booking. By confirming a booking, accepting a quote, or purchasing equipment/services, the Client agrees to be bound by these terms and conditions.

1. Definitions

  • "Equipment": Refers to all items, whether installed, sold or maintained by the Company to/for the Client, as detailed in the relevant Quote.

  • "Services": Refers to the work provided by the Company, including Installations, Sales, Maintenance, as specified in the Quote.

  • "Quote / Work Order": Refers to the document issued by the Company outlining the specific Equipment, Services, duration, and agreed charges.

  • "Service Period": The agreed duration for the completion of Services or the duration of Equipment Hire.

2. Quotation, Booking, and Payment

2.1 Quotation and Acceptance

  • All work is subject to a written Quote. A Service engagement is only confirmed upon receipt of a signed Quote and any required deposit. For Equipment Sales, acceptance of the Quote constitutes a binding purchase agreement.

2.2 Payment Terms

  • Deposit: A non-refundable deposit of 25% is required at the time of confirmation to secure the booking, installation slot, or order of equipment.

  • Standard Payment: The remaining balance is due 30 days after the completion of the Services or delivery of Equipment, unless otherwise specified in the Quote (e.g., phased payments for large installations).

  • Installations/Sales: For projects or sales involving significant capital outlay by the Company, staged payments may be required as detailed in the Quote.

  • Late Bookings: For bookings made within 7 days of the Service Period commencement, full payment may be required upfront, unless otherwise agreed by the Company, there is no guarantee that equipment ordered by the Company on the Clients behalf will arrive in time.

  • Payment: Payment shall be made via bank transfer as detailed at the bottom of the Quote.

3. Service Provision (Installation, Maintenance, Delivery)

3.1 Access and Site Conditions

  • The Client must ensure that the installation/service location has clear, safe access for the Company’s personnel and equipment at the agreed times.

  • The Client is responsible for ensuring the site is ready for the Services (for example but not limited to, cleared of obstacles, power available) as specified in the Work Order. Delays or additional costs incurred due to inadequate site conditions may result in additional charges.

3.2 Scheduling and Delays

  • The Company will endeavor to commence and complete the Services at the agreed times. However, the Company will not be liable for any loss or damage arising from delays beyond its control (for example but not limited to, supply chain issues, traffic, unforeseen site circumstances).

3.3 Scope of Work

  • The Company's responsibilities are strictly limited to the scope defined in the Quote. Any work requested outside of this scope will require a written amendment and may incur additional charges.

4. Client's Responsibilities and Title

4.1 Care of Equipment (During Hire / Installation)

  • The Client must not attempt to repair, modify, or tamper with the Equipment while it is under the Company's control or during a Hire Period.

4.2 Damage, Loss, or Theft (Hired Equipment)

  • The Client is solely responsible for any loss, theft, or damage to Hired Equipment caused by anyone other than the Company during the Hire Period. The Client will be charged the full replacement or repair cost as determined by the Company.

4.3 Title of Sold/Installed Equipment

  • For Equipment Sales and Installations, Title (ownership) of the Equipment does not pass to the Client until full payment has been received by the Company.

  • Until full payment is made, the Company reserves the right to repossess the Equipment.

4.4 Insurance

  • Company's Cover: The Company maintains Public Liability Insurance (PLI) up to £10,000,000, Professional Indemnity Insurance (PII) up to £250,000. These maximums apply to claims against the Company.

  • Client's Responsibility: The Client is responsible for insuring equipment hired from the Company and for their own insurance (for example but not limited to, site insurance, contents insurance) for the Equipment once Title has passed or for any damage to their premises during the Service Period, beyond the Company's negligence.

5. Company's Responsibilities and Warranty

5.1 Standard of Work

  • The Company will provide the Services and Equipment with reasonable skill and care, using competent personnel and materials suitable for the purpose.

  • The company accepts no responsibility or liability for any fault or defect in respect of  any equipment including fixtures and fittings provided by the Client.

5.2 Equipment Malfunction / Failure

  • Warranty (Installed / Sold Equipment): The Company passes to the Client any manufacturer's warranty for Sold / Installed Equipment. The Company warrants its Installation labour for a period of 3 months from the date of completion, covering defects in workmanship. This warranty is voided if the Client or a third party attempts to repair, modify, or tamper with the installation.

6. Cancellations and Amendments

6.1 Cancellation by the Client

Cancellations must be made in writing.

  • Deposit Forfeiture: The deposit will be forfeited for all cancellations.

  • Installation / Major Service Cancellation: For cancellations of Installations or major Services, additional cancellation fees may apply depending on sunk costs for ordered equipment and allocated labour time, up to 75% of the total fee if cancelled within 7 days of the commencement date.

6.2 Cancellation by the Company

  • The Company reserves the right to cancel a Service engagement in the event of unforeseen circumstances (for example but not limited to, acts of god, inability to source specialist parts). In such cases, a full refund of any payments made will be provided, but the Company will not be liable for any further loss or damage.

7. Limitation of Liability

  • The Company's liability for any breach of this Agreement or loss resulting from the Company’s negligence shall be limited to the total fees paid by the Client for the specific Service or, where applicable, the outcome of any claim against the Company’s PLI or PII insurance, subject to the maximums specified in 4.4.

  • The Client agrees to indemnify and hold harmless the Company, its employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with the Client's misuse or continued use of the Equipment or Service outside of the intended scope.

8. Governing Law and Jurisdiction

  • This Agreement shall be governed by and construed in accordance with the laws of Guernsey. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Guernsey.

9. Entire Agreement and Severability

  • This Agreement constitutes the entire agreement between the Company and the Client and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

  • If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Acceptance of Terms

By signing and returning the Quote, the Client acknowledges that they have read, understood, and agree to be bound by these Service Terms and Conditions.

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