Terms of service

1. Standard terms and conditions for the sale of goods 

2. Complete agreement 

3. Contract 

4. Price 

5. Terms of payment

6. Credit 

7. Delivery 

8. Risk 

9. Property 

10. Cancellation 

11. Returns policy and bespoke orders 

12. Warranties, liability and suitability

13. Indemnity 

14. Force majeure 

15. Insolvency of customer 

16. Export or import licenses 

17. General 

18. Additional terms 

19. On-line calculators 

20. Credit card sales. 

1. STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS

1.1 Interpretation of the following conditions:

1.1.1 Working Day Definition 

¦ a weekday other than a Saturday or Sunday, or Public Holidays ¦ when the banks are open for business in the City of London 

1.1.2 The Company 

¦ Sound Solution Ltd Limited 

1.1.3 Conditions Definition 

¦ These standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company; 

1.1.4 Contract Definition 

¦ the Contract between the Customer and the Company for the sale and purchase of Goods 

1.1.5 Customer Definition 

¦ a business or a consumer (as the case may be) whose order for the Goods is accepted by the Company 

1.1.6 Goods Definition 

¦ the Goods (including any instalment of the Goods) which the Company is to supply in accordance with these Conditions. 

2. COMPLETE AGREEMENT

2.1 These Conditions shall govern the Contract to exclusion of any other terms and conditions between the Company and the Customer and no variation to the Contract or these Conditions (including the incorporation of the Customer's standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of the Company. 2.2 Any errors or omissions, be they typing clerical, or other in any catalogue, sales literature, price list, delivery note, invoice or other documentation or any information issued by the Company ( in whatever form and on whatever media) shall be subject to correction without any liability on the part of the Company. 2.3 The Company's employees agents or representatives are not authorised to make any representations concerning the Goods unless such representations are confirmed in writing by an authorised representative of the Company. 

2.4 Ordering and Delivery Information must be reviewed prior to placing your order, as these conditions may change from time to time. See clause 4.8.1

3. CONTRACT

3.1 No order submitted by the Customer shall be deemed to be accepted by the Company until the Goods have been delivered by the Company and a delivery message issued to the Customer. 3.2 The Customer shall be responsible for ensuring the suitability for purpose of any and all items ordered through the Company, and accuracy of any such orders submitted by the Customer to the Company including confirming in writing any telephone orders and for giving the Company any necessary information relating to the Contract and delivery (as the case may be) within a sufficient time to enable the Company to deliver the Goods to the premises notified to the Company by the Customer.

3.3 Written confirmations of any telephone orders shall clearly indicate that they are only confirming earlier telephone orders and shall contain details of the Customer's account number and purchase order number.

3.4  Due to the nature of these products there is a minimum order level of £300.00 before VAT and Delivery.

4. PRICE & AVAILABILITY 

4.1 The price of the Goods shall either be the price payable for the Goods at the time of acceptance of the Customer's order in accordance with the provisions of Clause 3.1 or in cases where the Customer has paid for the Goods by credit card or cheque and payment has cleared the price paid for the Goods by the Customer at the time when payment cleared subject to the Company reserving the right by giving notice in writing to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost of the Goods to the Company which is due to any matters beyond the Company's reasonable control including (without limitation) any increase in Value Added Tax (VAT), transport costs, carriage, postage and packaging and any other applicable duties and taxes. 

4.2 Orders of less than £1000.00, excluding VAT, will incur a delivery charge. Delivery charges will be advised to the customer prior to the acceptance of on order. Free shipping on orders over this value is only on the Celotex/Kingspan element of the order - other products may attract shipping charges.

4.3 All prices stated in any Company's catalogue, sales literature, price lists or other documentation (issued by the Company from time to time in whatever form and on whatever media) may be altered by the Company at any time without giving notice to the Customer. 

4.4 The price for any Goods quoted in any catalogues sales literature or price lists is exclusive of any applicable VAT and carriage, postage and packaging and any other duties taxes and applicable charges in relation to the Goods which the Customer shall additionally be liable to pay to the Company. 

4.5 The price for the Goods stated in any invoice shall be exclusive of VAT.4.6 The Customer shall be liable for any reasonable costs incurred by the Company in the event of variation or suspension of any order by the Customer. 4.7 Due to external forces or extraordinary demand certain items may not be readily available. In such cases, we shall endeavour to offer the same, or similar products via an alternative distributor at the prices reflected on our web site(s), however additional packaging and carriage charges may be incurred.

We will advise customers in advance of such situations, with the exception of the following ...

Due to availability in geographic locations throughout we occasionally have to substitute Kingspan for Celotex products.  Kingspan is, to all intents and purposes, identical in size and performance to Celotex, but is marginally more expensive. When Celotex is not available, we reserve the right to offer the more expensive Kingspan in favour of Celotex, we will advise the customer of this in advance.

4.8 Additional Ordering and Delivery conditions that may change from time to time are listed below.

4.8.1 Ordering and Delivery Information

       Delivery access - Orders may be delivered in lorries of up to 28 tons. It is important that your property is accessible by such vehicles.

       Credit card and Debit Card orders are processed immediately. Payments by BACs or by Cheque may require bank clearance prior to goods being shipped.

       Occasionally, due to external forces or extraordinary demand certain items may not be readily available. In such cases, we shall endeavour to offer the same, or similar

       products at the prices stated above via an alternative distributor . However, additional packaging and carriage charges may be applicable.

5. TERMS OF PAYMENT 

5.1 Subject to any other provisions in these Conditions all invoices shall be paid by the Customer within fourteen days of the date of the Company's invoice. 

5.2 The time of payment of any invoice shall be of the essence of the Contract and receipts for payment shall be issued to the Customer only upon request.

5.3 If the Customer fails to make any payment on the due date then (without prejudice to any other rights or remedies the Company may have) the Company shall be entitled to: 

5.3.1 cancel the Contract or suspend any further deliveries to the Customer; and 

6. CREDIT

6.1 While the Company predominantly accepts only pre-payment, it may rarely, at its discretion, offer the Customer credit and in cases where credit is offered to the Customer payment shall be made by the Customer in accordance with the provisions of Clause 5.1. 

6.2 Credit shall be offered to the Customer subject to the Company being satisfied as to the Customer's credit worthiness and the Customer acknowledges that the Company may carry out status enquiry checks on the Customer and the Company may at any time at its option withhold Delivering any of the Goods to the Customer until such time as the credit worthiness of the Customer has been approved or the Customer has provided sufficient security to the Company or the Customer has made payment in full for the Goods in question and failure to provide sufficient security or to make payment in full for the Goods shall entitle the Company at its discretion to suspend Delivering any Goods or cancel the Contract without the Company incurring any liability to the Customer.

7. DELIVERY

7.1 The Company shall deliver the Goods to any premises (whether in the United Kingdom or in any other country) notified to the Company by the Customer and for the avoidance of doubt the Customer shall be liable for any costs incurred by the Company in relation to carriage, postage and packing and any other applicable duties taxes and charges. 

7.2  Delivery access - Orders may be delivered in lorries of up to 28 tons. Therefore, it is important that your property is accessible by such vehicles.

7.3 The Company shall use its reasonable endeavours to deliver the Goods to the premises stated by the Customer by any delivery date estimated by the Company and for the avoidance of doubt the Customer acknowledges that the delivery date is not guaranteed or of the essence of the Contract and that the Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the Goods. 

7.4 Goods delivered to the Customer shall be deemed accepted by the Customer and the Customer shall inspect the Goods immediately upon delivery and in all cases shall inform the Company in writing within 5 (five) days of delivery of any damage, shortages or non delivery of the Goods.

7.41 Should damaged goods not be available for removal and replacement, or goods be used, then the customer forfeits any right to refund or replacement.

7.7.1 Should there be nobody available to receive the order,  delivery will have to be arranged for another time, and this will incur an extra delivery a minimum charge of £25. In the case of palletised deliveries ( Phonestar Boards) this charge will be a minimum of £50. This charge will automatically be added to your account.

7.8 If the Customer fails to take delivery of the Goods (or fails to give the Company adequate delivery instructions at the time stated for delivery otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of the Company's fault) then without prejudice to any other rights or remedies available to it the Company may:

7.8.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or

7.8.2 sell the Goods at the best price readily obtainable (after deducting all reasonable storage and selling expenses) and charge the Customer any shortfall below the price obtained under the Contract.

8. RISK

8.1 Risk of damage to or loss of the Goods shall pass to the Customer: 

8.1.1 in the case of Goods being collected by the Customer at the Company's premises after notification from the Company that the Goods are ready for collection, at the time when the Customer collects the Goods from the Company's premises; or

8.1.2 in the case of Goods which are not being collected by the Customer and which are being delivered to the Customer's premises at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods to the Customer.

9. PROPERTY 

9.1 Notwithstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds, payment in full for the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due..

9.2 Until such time as property in the Goods passes to the Customer the Customer shall keep the Goods separate from the Customer's Goods and those of any third parties and properly stored, protected and insured and identified as the Company's property.

9.3 Until such time as property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so immediately the Customer shall permit the Company its agents or representatives to enter upon the Customer's premises or any premises of any third party where the Goods are stored and repossess the Goods. 

10. CANCELLATION 

10.1 No order which has been accepted by the Company in accordance with the provisions of these Conditions may be cancelled by the Customer except with the agreement in writing of an authorised representative of the Company and on the terms that the Customer may be required to indemnify the Company in full for any costs, damages, losses charges and expenses (including any loss of profit) incurred by the Company as a result of the cancellation. 

11. RETURNS POLICY

11.1 Goods are not sold on a trial basis, nor on a basis of Sale or Return. The Company shall not refund monies for Goods which are bought in error, in excess of requirements, or are not resalable. Where a Customer is not satisfied with Goods and / or does not want them, the Goods can, within thirty (30) days from receipt of Goods, be returned to the Delivery Depot, only if they are fully re-saleable, and subject to a restocking charge of 40% of the purchase price of the Goods or a payment of £50.00, whichever is greater. In the event of such returns, the Customer acknowledges that it shall be liable for all reasonable costs incurred by the Company in relation to carriage, postage, and packaging and the Company shall invoice the Customer for any costs in question incurred and payment shall be made by the Customer in accordance with the provisions of Clause

11.2 A Returns Authorisation Number must be obtained before any Goods can be returned to the Company, which number may be obtained by the Customer from the Company's customer service department.

11.2.1 All repairs, replacements or refunds will be processed following receipt and inspection by our Returns department

11.2.5 The Company shall refuse Goods returned without a Returns authorisation number

11.2.6 Where "pack size" has been specified for a product returns will only be acceptable when returned in the orginal packaging. Any extra material outside pack size cannot be returned.

11.3 The return of faulty Goods is subject strictly to individual manufacturers' Dead Upon Arrival policies (DOA). (Individual manufacturers' DOA policies may be obtained by the Customer by contacting the Company's customer service department.) Where a Customer notifies the Company of a defect in the Goods within the time provided for in the applicable manufacturer's DOA policy, which defect is subsequently verified by the Company's technical inspectors, the Company will replace the Goods or refund the monies paid by the Customer for the Goods. 

11.4 The Goods will be tested upon receipt. If no fault is found, the Goods will be returned to the Customer. If a fault is found and the applicable manufacturer's DOA period is exceeded, then the Goods will be repaired or replaced under the terms of the manufacturer's warranty. 

11.5 In the case where it is established that Goods are faulty or defective in line with the individual manufacturer's warranty, most warranty repairs will be carried out on a return-to-Company basis. All parts and labour charges will be waived but the Customer is responsible for ensuring that the Goods are returned to the Company in their original packaging ,or if this is not available, in a stout carton with high density foam providing at least 150mm clearance surrounding the entire product so as to ensure safe transit and ease of identification. In some instances the manufacturer's warranty requires the Customer to contact the repair agent directly. If this is the case, the Customer will be so informed by the Company's customer service department. 

11.6 The Customer acknowledges that in all cases all Goods shall be returned to the Company using only a carrier approved by the Company and in cases where the Customer uses an unapproved carrier the Customer shall be liable for all costs losses damages or other charges incurred by the Company in relation to the use by the Customer of the unapproved carrier.

12. WARRANTIES, LIABILITY AND SUITABILITY 

12.1 In cases where any of the Goods are covered by a manufacturer's warranty, the Customer shall be responsible for contacting and returning any registration or warranty cards to the manufacturer in question and for the avoidance of doubt the Company shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the Goods in question which are the subject of the manufacturer's warranty. 

12.2 Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.3 For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions. 

12.4 It is the responsibility of the Customer to ensure that the products ordered and subsequently installed and utilised are suitable for purpose. The Company may upon the Customer's request offer its opinion upon the suitability of certain products for certain applications, however it is the Customer's responsibility to select the products that are appropriate to their needs and those that fulfil the requirements of Local and/or National Government regulations and controls. Products purchased by the Customer should always be installed and/or utilised in accordance with any formal certification that has been issued to the Manufacturer regarding the efficacy of their products, and as per the Manufacturer's written instructions. 

12.5 Except in respect of death or personal injury caused by the Company's negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed one and a half times the price paid for the Goods in question by the Customer.

12.6 The amount charged for the Goods is calculated with reference to the exclusions and limitations on the Company's liability under these Conditions and the Customer acknowledges that the Company would have been prepared to add a special condition to the Delivery note extending the scope and/or agreeing a higher limit in respect of its liability regarding the Goods subject to the cost of the Goods being increased to take account of the Company's costs in obtaining specific insurance cover for the increased scope and/or amount of its liability to the Customer.

13. INDEMNITY 

14. FORCE MAJEURE 

14.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Company's reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Company's reasonable control: 

14.1.1 acts of God, explosion, flood, tempest, fire or accident; 

14.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition; 

14.1.3 Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority; 

14.1.4 import or export regulations or embargoes; 

14.1.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); 

14.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and

14.1.7 power failure or breakdown in machinery.

15. INSOLVENCY OF CUSTOMER 

15.1 This Clause applies if: 

15.1.2 an encumbrance takes possession, or a receiver is appointed over any of the property or assets of the Customer; or

15.1.3 the Customer ceases or threatens to cease to carry on business; or

15.1.4 the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly.

15.2 If this Clause 15 applies then without prejudice to any other rights or remedies available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.

16. EXPORT OR IMPORT LICENCES

16.1 The Customer shall be responsible for obtaining all licenses for the export or import of the Goods and for obtaining any other licenses required for the delivery or sale of the Goods in the country of destination.

17. GENERAL 

17.1 No waiver by the Company of any breach of Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions of these Conditions. 

17.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

17.3 All notices served under these Conditions shall be in writing and shall be sent to the address of the recipient set out in the invoice (or to any later address in the United Kingdom notified for that purpose) and all notices delivered personally or sent by first class prepaid letter or by facsimile transmission shall be deemed to have been served: 

17.3.1 immediately if they were sent by facsimile; and

17.3.2 on the second Business Day after posting if served by first class post; and

17.3.3 by delivery of the notice through the letter box of the party to be served and shall be treated and served on the first Business Day after delivery.

17.4 The Company reserves the right to amend these Conditions in respect of any promotion, offer or the like made or issued by the Company from time to time in relation to the Goods.

17.5 These Conditions shall be governed by and construed in accordance with the laws of England.

18. ADDITIONAL TERMS 

18.1 The terms set out in this Clause 18 shall apply only to those persons who deal as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000 (Regulations).

18.2 A consumer shall, subject to the terms set out in this Clause 18, have the right to cancel a Contract within seven working days from the day after the date of delivery of the Goods by the Company to the consumer provided that he/she gives written notice of such cancellation in accordance with Clause 17.3. 

18.3 If a consumer exercises his/her right to cancel a Contract pursuant to Clause 18.2, the Company shall, in accordance with the Regulations, reimburse any payment made by the consumer within 30 days from the day on which he/she gave such notice of cancellation, provided that the consumer shall not be entitled to a prepayment in the event that:- 

19. On Line Calculators

The site contains calculators that aid the customer with choosing the correct materials for different sound proofing solutions. The calculators add 10% wastage automatically to the area input by the customer. This is clearly stated at the time of calculation, it may result in an excess material where the area to be soundproofed is uniform and 10% proves excessive. The company is not responsible, and has no obligation to take back these excess materials.They can only returned pursuant to clause 11.1 and 18.3.2

20. Credit Card/ Debit Card Sales

Planet Insulation endeavors to protect customers and itself alike against credit card fraud. As such we operate a policy of checking that the details the customer presents us matches the details held by their credit cards issuing bank. Occasionally address detail provided by the customer do not match those provided by the card issuer. As such we will make attempts to satisfy ourselves that the card transaction has been carried out by the legitimate card holder. Normally this involves retrying the card with a new a different address or testing the card with a small sum of money to check the legitimacy of the card holder. In these cases the original amount of money has not been taken by Planet Insulation ( Sound Solution LTD,) it is held in a reserve account by the customers card issuer. Once we cancel the original card transaction, the reserve is removed but the money can take up to 72 hours to re appear on the card holders account. Planet Insulation is not liable for any bank charges or compensations which might arise should the customer go into an inadvertent overdraft during this process.