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TERMS AND CONDITIONS

DSAV – Terms & Conditions for Estimates, Sales and Invoices

These Terms & Conditions apply to all estimates, quotations, invoices, sales, supplies of goods, installation work, setup work, configuration work, advice and services provided by DSAV (“DSAV”, “we”, “us”, “our”) to the customer (“you”, “your”), unless DSAV agrees different terms in writing.

By accepting an estimate, approving a quotation, placing an order, paying a deposit, paying an invoice, accepting delivery, booking work, allowing work to begin, or otherwise instructing DSAV to proceed, you agree to these Terms & Conditions.

These Terms apply to both business customers and consumer customers. Nothing in these Terms affects any statutory rights that cannot legally be excluded or restricted.

1. Definitions

1.1 Goods means any products, equipment, parts, accessories, cables, brackets, fixings, consumables, hardware or other physical items supplied by DSAV.

1.2 Services means any labour, installation, setup, configuration, testing, consultancy, support, troubleshooting, collection, delivery, site visit, or other work carried out by DSAV.

1.3 Estimate means an estimated price based on the information available at the time. It is not a fixed-price quotation unless DSAV expressly states in writing that it is fixed.

1.4 Quotation means a written price issued by DSAV for specified goods and/or services. A quotation is only valid for the period stated on it.

1.5 Order means a confirmed instruction from the customer for DSAV to supply goods and/or services.

1.6 Special-order goods means any goods ordered specifically for the customer, including non-stock items, bespoke items, custom-configured items, made-to-order items, opened items, used items, installed items, or items that DSAV would not normally hold in stock.

1.7 In writing includes email, text message, WhatsApp, written acceptance, signed acceptance, or any other written communication accepted by DSAV.

2. Estimates and Quotations

2.1 Estimates and quotations are based on the information available to DSAV at the time they are issued.

2.2 Unless stated otherwise, estimates and quotations are valid for 14 days from the date shown.

2.3 After the 14-day period, DSAV may revise prices, availability, delivery charges, delivery timescales, labour costs, or product specifications.

2.4 Prices may also change before an order is confirmed where supplier pricing, product availability, exchange rates, delivery charges, manufacturer changes, specification changes, or customer requirements change.

2.5 An estimate or quotation does not reserve stock unless DSAV confirms this in writing.

2.6 An estimate or quotation is not a confirmed order until DSAV has accepted the order and any required deposit, part payment, or upfront payment has cleared.

2.7 If goods become discontinued, unavailable, delayed, replaced, or unsuitable, DSAV may offer a suitable alternative. Any difference in price will be confirmed before proceeding.

2.8 Any drawings, images, product links, descriptions, quantities, specifications or recommendations included in an estimate or quotation are provided for guidance unless expressly stated as final and fixed.

3. Orders

3.1 Orders must be confirmed in writing, by signed acceptance, by email, by message, by payment of a deposit, by payment of an invoice, or by any other method accepted by DSAV.

3.2 The customer is responsible for checking all goods, quantities, specifications, measurements, colours, finishes, delivery details, site details and service requirements before confirming an order.

3.3 Once an order is confirmed, DSAV may immediately order goods, allocate labour, book time, arrange delivery, or commit to supplier costs.

3.4 If the customer cancels or changes an order after confirmation, the customer is responsible for any costs, losses, charges, restocking fees, delivery charges, supplier charges, labour already carried out, labour time booked, or special-order goods connected with that order.

3.5 Special-order goods are non-cancellable and non-returnable unless faulty, incorrectly supplied by DSAV, or otherwise required by law.

3.6 DSAV is not responsible for errors caused by inaccurate, incomplete, outdated or misleading information supplied by the customer.

4. What Is Included and Excluded

4.1 Only the goods and services specifically listed in the estimate, quotation, invoice, or written agreement are included.

4.2 Anything not specifically listed is excluded and may be charged separately.

4.3 Unless expressly stated in writing, prices do not include delivery, installation, configuration, accessories, consumables, cables, brackets, fixings, labour, parking, congestion charges, travel, waste removal, making good, building work, decorating, data cabling, network administration, software licences, subscriptions, third-party accounts, or additional site visits.

4.4 DSAV does not carry out electrical work.

4.5 Any required electrical work must be carried out by a suitably qualified person arranged by the customer, unless DSAV agrees otherwise in writing.

4.6 Any extra work, extra goods, extra materials, waiting time, repeat visits, parking, travel, access issues, or changes requested by the customer may be charged separately.

4.7 If additional work is required because of site conditions, missing information, unsuitable equipment, unsuitable cabling, unsuitable mounting surfaces, electrical issues, network issues, access problems, or third-party equipment, DSAV may charge for the additional time, goods and costs.

5. Prices and VAT

5.1 All prices are stated in pounds sterling.

5.2 DSAV is VAT registered.

5.3 Final prices shown on DSAV estimates, quotations and invoices are inclusive of VAT unless clearly stated otherwise.

5.4 VAT will be charged at the applicable rate where required and will be shown on the invoice.

5.5 Any obvious pricing error, typing error, calculation error, or product listing error may be corrected by DSAV before the order is accepted.

6. Payment Terms

6.1 Payment terms will be shown on the estimate, quotation or invoice.

6.2 Unless otherwise agreed in writing, payment is due on receipt of invoice.

6.3 For orders over £5,000, DSAV requires a 50% upfront payment before ordering goods, reserving goods, booking work, or committing to supplier costs.

6.4 DSAV may require full payment or additional part payment before ordering goods, reserving goods, releasing goods, delivering goods, booking work, carrying out work, or arranging installation.

6.5 Goods will not be ordered, released, delivered, installed, configured, collected, or handed over until the required cleared payment has been received, unless DSAV agrees otherwise in writing.

6.6 Payment must be made by the method stated on the invoice or otherwise agreed by DSAV.

6.7 The customer must pay all undisputed amounts by the due date, even if there is a minor issue, delay, query, or dispute relating to another part of the order.

6.8 DSAV may allocate payments received from the customer against any outstanding amount owed by the customer, unless otherwise required by law.

7. Deposits, Upfront Payments and Refunds

7.1 Deposits and upfront payments are used to secure goods, supplier orders, labour time, booking slots, or other costs connected with the order.

7.2 A deposit or upfront payment does not guarantee delivery or completion by a specific date unless DSAV has expressly agreed that date in writing.

7.3 Once payment has been made and the order has been confirmed, payment will not be refunded for change of mind, cancellation, customer error, or changes to customer requirements.

7.4 Payments will only be refunded where goods are faulty, incorrectly supplied by DSAV, services are not provided as agreed, DSAV agrees a refund in writing, or where a refund is required by law.

7.5 If the customer cancels after DSAV has incurred costs, DSAV may retain all or part of the deposit or upfront payment to cover costs, losses, supplier charges, restocking charges, labour, administration, delivery costs, or other amounts reasonably connected with the cancellation.

7.6 If DSAV cancels an order without fault by the customer, DSAV will refund any amount paid for goods or services not supplied, subject to any lawful deductions that may apply.

8. Late Payment

8.1 If payment is not received by the due date, DSAV may charge interest on overdue amounts.

8.2 For business customers, DSAV may charge statutory interest and fixed debt recovery costs in accordance with UK late payment legislation.

8.3 DSAV may recover reasonable costs incurred in collecting overdue payments, including administrative costs, legal costs, debt recovery costs, court fees and enforcement costs where applicable.

8.4 DSAV may suspend any further supply, delivery, installation, support, warranty assistance, site visits, or other work until all overdue amounts are paid in full.

8.5 DSAV may cancel or postpone any booked work where payment has not been made as required.

9. Ownership of Goods

9.1 Ownership of goods supplied by DSAV remains with DSAV until DSAV has received cleared payment in full for those goods and any other amounts due under the relevant order.

9.2 Until ownership passes to the customer, the customer must keep the goods safe, insured, identifiable, protected from damage, and in good condition.

9.3 The customer must not sell, dispose of, alter, pledge, remove, damage, transfer, or otherwise deal with unpaid goods in a way that affects DSAV’s ownership.

9.4 If payment is overdue, DSAV may require the return of unpaid goods and may take reasonable lawful steps to recover them.

9.5 The customer is responsible for any loss or damage to goods after risk has passed, even if ownership has not yet passed.

10. Risk, Delivery and Collection

10.1 Risk in the goods passes to the customer when the goods are delivered, collected, installed, left at the delivery address, or handed over to the customer or the customer’s representative.

10.2 Delivery dates and times are estimates only unless DSAV expressly agrees in writing that a date or time is fixed.

10.3 DSAV is not responsible for delays caused by suppliers, manufacturers, couriers, stock shortages, adverse weather, traffic, access issues, payment delays, incorrect customer information, customer unavailability, or circumstances outside DSAV’s reasonable control.

10.4 The customer must inspect goods as soon as reasonably possible after delivery or collection.

10.5 Any visible damage, missing items, incorrect goods, or delivery issue must be reported to DSAV within 48 hours of delivery or collection.

10.6 The customer is responsible for ensuring that delivery access is safe, suitable and available at the agreed time.

10.7 If delivery or attendance is delayed, refused, rearranged, or prevented because of the customer, DSAV may charge for wasted time, additional delivery costs, storage costs, repeat visits, or rearranged appointments.

11. Returns and Cancellations

11.1 DSAV does not accept change-of-mind returns.

11.2 Returns must be agreed with DSAV in advance.

11.3 Goods must be returned unused, complete, undamaged, in original packaging, and with all accessories, manuals, fixings, cables, parts and packaging, unless the goods are faulty.

11.4 Special-order goods, opened goods, used goods, installed goods, damaged goods, incomplete goods, custom-configured goods, bespoke goods, or goods not normally held in stock are non-returnable unless faulty, incorrectly supplied by DSAV, or otherwise required by law.

11.5 The customer is responsible for return delivery costs unless the goods are faulty or DSAV has supplied the wrong goods.

11.6 Refunds, credits or replacements will only be issued once returned goods have been received and inspected.

11.7 Any refund may be reduced to reflect missing parts, damaged packaging, use, installation, handling beyond what is reasonable, or reduction in value caused by the customer.

11.8 Nothing in these Terms affects any statutory rights that cannot be excluded or restricted by law.

12. Consumer Cancellation Rights

12.1 If the customer is a consumer, they may have legal cancellation rights depending on how and where the order was placed.

12.2 Cancellation rights may apply to some distance sales or off-premises sales, but certain goods and services may be excluded, including bespoke goods, custom goods, special-order goods, sealed goods that have been opened where applicable, and services that have already begun with the customer’s agreement.

12.3 Where a consumer asks DSAV to begin services during any cancellation period, the customer agrees that DSAV may charge for work carried out, goods ordered, costs incurred, and services supplied up to the point of cancellation, where permitted by law.

12.4 Where goods have been installed, used, handled, damaged, altered, opened, or reduced in value by the customer, DSAV may make any deduction permitted by law.

12.5 These Terms do not remove or reduce any consumer rights that cannot legally be excluded.

13. Faulty Goods and Warranty

13.1 Goods supplied by DSAV are covered by the relevant manufacturer’s warranty, where applicable.

13.2 Warranty periods, warranty processes and warranty remedies vary by manufacturer and product.

13.3 DSAV will provide reasonable assistance with manufacturer warranty claims where goods were purchased through DSAV.

13.4 The customer must notify DSAV promptly of any suspected fault and provide reasonable details, evidence, serial numbers, photographs, videos, error messages, diagnostic information, or access where requested.

13.5 Warranty cover may not apply where faults are caused by misuse, accidental damage, incorrect installation by others, unauthorised repair, modification, power issues, unsuitable environment, liquid damage, poor maintenance, wear and tear, customer-supplied equipment, third-party equipment, or failure to follow manufacturer instructions.

13.6 DSAV is not responsible for manufacturer delays, warranty refusals, replacement timescales, discontinued products, stock shortages, or decisions made by the manufacturer or authorised service agent.

13.7 No-fault-found visits, inspections, testing, collection, delivery, labour, travel, or return of goods are chargeable.

14. Installation, Setup and Configuration

14.1 Where DSAV provides installation, setup, configuration, testing or other services, the scope of work is limited to what is stated in the estimate, quotation, invoice, or written agreement.

14.2 The customer is responsible for ensuring the site is ready, safe, accessible and suitable for the agreed work before DSAV attends.

14.3 Unless agreed in writing, DSAV is not responsible for electrical work, structural work, decorating, building work, making good, chasing walls, plastering, painting, floor lifting, ceiling access, roof access, data cabling, network administration, software subscriptions, licences, third-party service accounts, or moving furniture.

14.4 DSAV does not carry out electrical work. Any electrical work required must be arranged separately by the customer using a suitably qualified person.

14.5 DSAV may refuse to carry out work where it considers the site, equipment, access, cabling, mounting surface, wall, ceiling, floor, electrical supply, network, weather, or working conditions to be unsafe or unsuitable.

14.6 If DSAV cannot complete the work because of site conditions, customer delay, missing equipment, missing information, unsafe conditions, third-party issues, or customer-supplied equipment, DSAV may charge for time spent and any further visit required.

14.7 The customer is responsible for obtaining any required permissions, landlord consent, building consent, listed building consent, planning consent, network access, passwords, account access, or authority needed for the work.

14.8 DSAV is not responsible for pre-existing faults, hidden defects, unsuitable walls, weak walls, concealed pipes, concealed cables, poor fixings, poor cabling, poor electrical supply, poor internet connection, weak Wi-Fi, third-party service issues, or problems discovered during the work.

15. Customer-Supplied and Third-Party Equipment

15.1 DSAV may agree to work with, connect, configure, test or install equipment supplied by the customer or by third parties.

15.2 DSAV is not responsible for the quality, compatibility, condition, warranty, safety, performance, legality, reliability, missing parts, missing cables, software status, account status, or suitability of customer-supplied or third-party equipment.

15.3 All time spent dealing with issues caused by customer-supplied or third-party equipment is chargeable.

15.4 DSAV may refuse to install, connect or use customer-supplied equipment if DSAV considers it unsafe, unsuitable, faulty, incompatible, incomplete, unlawful, or likely to cause problems.

16. Compatibility and Product Suitability

16.1 DSAV will use reasonable care when recommending or supplying products based on information provided by the customer.

16.2 The customer must provide accurate information about their requirements, existing equipment, room layout, wall type, mounting locations, measurements, power supply, internet connection, Wi-Fi coverage, network equipment, intended use, access, and any technical constraints.

16.3 DSAV is not responsible for issues caused by inaccurate, incomplete, outdated or misleading information provided by the customer.

16.4 Unless expressly guaranteed in writing, DSAV does not warrant that any product will be compatible with all existing or future equipment, software, services, networks, apps, platforms, firmware updates, manufacturer updates, subscriptions, or third-party systems.

16.5 Product recommendations are based on the information available at the time and may be affected by future manufacturer changes, software updates, product discontinuation, or changes to third-party services.

17. Manufacturer Changes and Third-Party Services

17.1 AV equipment may rely on manufacturer software, firmware, apps, cloud services, subscriptions, streaming platforms, control systems, internet services, network services, or third-party accounts.

17.2 DSAV is not responsible for changes, outages, updates, feature removals, subscription changes, account issues, app changes, compatibility changes, login issues, service withdrawals, or price changes by manufacturers or third parties.

17.3 The customer is responsible for maintaining any required accounts, subscriptions, licences, passwords, internet connection, network access and third-party services.

17.4 DSAV may charge for time spent assisting with third-party accounts, subscriptions, apps, passwords, manufacturer support, internet providers, network providers, or external systems.

18. Support and Aftercare

18.1 DSAV can provide post-product support over the phone where reasonably practical.

18.2 Phone support is intended for general guidance only and does not include extended troubleshooting, reconfiguration, third-party account support, manufacturer support, training, network support, or fault diagnosis unless DSAV agrees otherwise.

18.3 Any site visit after completion is chargeable.

18.4 DSAV may charge for telephone support, remote support, site visits, troubleshooting, reconfiguration, software updates, customer training, account issues, network issues, third-party service issues, or faults not caused by DSAV.

18.5 DSAV is not responsible for faults, changes or issues that arise after completion because of customer use, third-party changes, software updates, manufacturer updates, power issues, network changes, internet issues, accidental damage, misuse, or equipment supplied by others.

19. Limitation of Liability

19.1 DSAV will not be liable for indirect, consequential, or special losses, including loss of profit, loss of business, loss of opportunity, loss of data, loss of use, loss of enjoyment, loss of recordings, loss of programmes, loss of settings, or business interruption.

19.2 DSAV’s total liability for any claim will not exceed the amount paid by the customer for the specific goods or services giving rise to the claim, except where liability cannot legally be limited.

19.3 DSAV is not liable for losses caused by inaccurate information provided by the customer, customer-supplied equipment, third-party equipment, manufacturer changes, third-party services, internet providers, network providers, power issues, or circumstances outside DSAV’s reasonable control.

19.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded.

20. Force Majeure

20.1 DSAV will not be liable for delay or failure to perform where caused by circumstances outside its reasonable control.

20.2 This may include supplier delays, manufacturer shortages, courier delays, transport disruption, illness, adverse weather, fire, flood, strikes, power failure, internet failure, government restrictions, access restrictions, customer delay, third-party failure, or other events beyond DSAV’s reasonable control.

20.3 If such circumstances continue, DSAV may delay, rearrange, substitute, suspend, or cancel the affected goods or services.

21. Data and Privacy

21.1 DSAV may collect and use customer contact details, order details and related information for the purpose of providing estimates, processing orders, issuing invoices, delivering goods, providing services, managing warranty claims, dealing with queries, collecting payment, and maintaining business records.

21.2 DSAV will take reasonable care to keep customer information secure and will not sell customer personal information to third parties.

21.3 Customer information may be shared with suppliers, couriers, manufacturers, accountants, payment providers, insurers, debt recovery agents, professional advisers, or other parties where reasonably necessary for the operation of the business.

21.4 The customer is responsible for ensuring that any passwords, account details, network details or personal information shared with DSAV are accurate and provided with proper authority.

22. Complaints and Disputes

22.1 If the customer has a concern or complaint, they should contact DSAV as soon as possible so that DSAV has an opportunity to investigate and resolve the issue.

22.2 The customer must give DSAV a reasonable opportunity to inspect any alleged issue and, where appropriate, put matters right.

22.3 Both parties agree to try to resolve disputes reasonably and in good faith before taking formal action.

23. Governing Law

23.1 These Terms & Conditions are governed by the laws of England and Wales.

23.2 Any dispute will be subject to the courts of England and Wales, unless applicable law requires otherwise.

24. General

24.1 If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue to apply.

24.2 No change to these Terms will apply unless agreed in writing by DSAV.

24.3 DSAV’s failure to enforce any part of these Terms does not mean DSAV has waived its right to enforce that term later.

24.4 These Terms do not affect any statutory rights that cannot be excluded or restricted by law.

24.5 The latest version of these Terms will apply at the time the customer accepts an estimate, quotation, order or invoice, unless DSAV agrees otherwise in writing.

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