Terms and conditions.

1Definitions & interpretation

1.1 “The Company” means Murray Acoustics Ltd (Company Number 17009191).

1.2 “The Client” means the person, firm, or company to whom the Quote is addressed.

1.3 “Services” means the acoustic consultancy services described in the Quote.

1.4 “Quote” means the fee proposal to which these Terms are attached.

1.5 “Report” means any written advice, assessment, calculation, or specification produced by the Company.

2Acceptance & contract formation

2.1 These Terms apply to all Services provided by the Company unless expressly agreed otherwise in writing.

2.2 Acceptance of the Quote (by signature, email confirmation, or instructing the Company to proceed) constitutes acceptance of these Terms.

2.3 Any terms proposed by the Client are excluded unless explicitly accepted by the Company in writing.

3Scope of services

3.1 The Company will provide only those Services specifically described in the Quote.

3.2 Any work outside the agreed scope (“Variations”) will be charged as additional fees at the rates stated in the Quote or, if not stated, at the Company’s standard rates.

3.3 The Company may refuse to undertake Variations and will not be liable for delays caused by the Client requesting or requiring them.

3.4 The Company’s Services are based on the information, drawings, and site conditions described in the Quote assumptions. Material changes to these may require scope adjustment and additional fees.

3.5 The Company shall be entitled to rely upon information provided by the Client and others without independent verification unless expressly agreed otherwise.

3.6 The Company does not warrant or guarantee that any planning permission, regulatory approval, or statutory consent will be granted.

4Fees & payment

4.1 Fees are as stated in the Quote and exclude VAT unless otherwise stated.

4.2 For corporate clients with an approved credit account, invoices are payable within 30 days of invoice date unless otherwise agreed. Invoices are issued on delivery of the Report.

4.3 For private individuals (sole traders, partnerships, homeowners) and non-approved corporate clients, full payment is required before the final Report is released. An invoice will be issued upon completion of fieldwork, and the Report will be provided once payment is received in cleared funds. Invoices under this clause are payable on receipt.

4.4 The Company reserves the right to charge interest on overdue amounts at 8% per annum above the Bank of England base rate, plus statutory debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

4.5 The Company may suspend Services or terminate the contract if payment is overdue by more than 14 days.

4.6 Travel, accommodation, and specialist equipment hire will be recharged at cost unless included in the Quote.

4.7 The Company reserves the right to withhold Reports and deliverables until payment is received in full.

4.8 The Company may issue interim invoices at agreed project stages or monthly for projects exceeding one month in duration.

5Client obligations

5.1 The Client shall provide timely access to site(s), relevant drawings, reports, and information reasonably required by the Company.

5.2 The Client shall notify the Company of any site hazards, access restrictions, or health and safety requirements.

5.3 Delays caused by the Client’s failure to provide access or information shall not be the Company’s responsibility and may result in additional fees or extended timescales.

5.4 The Client warrants that any information provided to the Company is accurate and may be relied upon.

5.5 Where the Services involve installation of unattended monitoring or measurement equipment, the Client shall provide a secure and suitable location for such equipment.

5.6 The Client shall be responsible for the security of equipment whilst installed on site and shall indemnify the Company against loss, theft, vandalism or damage, except to the extent caused by the Company’s negligence.

5.7 Where surveys are affected by weather or environmental conditions beyond the Company’s control, repeat visits may be required and shall be chargeable.

6Programme & timescales

6.1 The Company will use reasonable endeavours to meet any timescales stated in the Quote, but these are estimates and not guarantees unless expressly agreed as fixed deadlines.

6.2 The Company shall not be liable for delays caused by factors outside its reasonable control, including but not limited to: adverse weather preventing surveys, Client delays in providing access or information, or third-party delays.

6.3 Where the Client purchases Fast-Track Start, the Company will attend site to install monitoring equipment within one working day of instruction, provided instruction is received by 2pm and availability is confirmed by the Company at the time of instruction. If the Company fails to attend within this period (other than due to Client access failures, site conditions, weather, or force majeure), the Fast-Track fee will be refunded or credited. This refund is the Client’s sole remedy for late Fast-Track attendance; all other timescales remain estimates under clause 6.1.

7Reports & deliverables

7.1 Reports are prepared for the sole use of the Client for the specific purpose stated and may not be relied upon by third parties without the Company’s prior written consent.

7.2 Reports are based on conditions prevailing at the time of the survey or assessment and remain valid for 12 months unless stated otherwise. The Company is not liable for changes in conditions thereafter.

7.3 The Company is not liable for the Client’s or third parties’ interpretation, misuse, or failure to implement recommendations contained in Reports.

7.4 No third party shall have any right to rely upon any Report without the Company’s prior written consent and agreement of reliance terms.

7.5 A person who is not a party to this contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999.

8Intellectual property

8.1 Copyright and all intellectual property rights in all Reports, drawings, calculations, models, and other deliverables remain vested in the Company.

8.2 Upon full payment of all sums due, the Client is granted a non-exclusive, non-transferable licence to use the Report solely for the specific project and purpose described in the Quote.

8.4 The Company shall have no liability for any use of the Report other than for the purpose for which it was prepared.

8.5 If payment is not made in accordance with these Terms, the licence granted under this clause shall automatically suspend until payment is received in full.

8.6 A refund under the Approval Guarantee shall not suspend or terminate the licence, which shall survive for the original project and purpose.

9Liability & indemnity

9.1 The Company maintains Professional Indemnity Insurance with a limit of indemnity of £1,000,000 any one claim (or such other amount as stated in the Quote).

9.2 The Company’s total aggregate liability arising out of or in connection with the Services (whether in contract, tort including negligence, breach of statutory duty or otherwise) shall not exceed £1,000,000.

9.3 The Company’s liability shall in any event be limited to the amount recoverable under its Professional Indemnity Insurance in force at the time the claim is notified.

9.5 Where more than one party is responsible for any loss, the Company’s liability shall be limited to the proportion of the loss which is just and equitable having regard to the extent of its responsibility (net contribution clause).

9.6 No action shall be brought against the Company more than six years after completion of the Services.

9.7 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence or for fraud.

10Termination & cancellation

10.1 Either party may terminate for material breach not remedied within 14 days of written notice.

10.2 The Client may terminate for convenience on 7 days’ written notice.

10.3 Upon termination, the Client shall pay for all Services performed, time incurred, and committed costs up to the date of termination.

11Sub-consultants

11.1 The Company may engage specialist sub-consultants to perform part of the Services where appropriate.

11.2 The Company remains responsible for the performance and quality of sub-consultants’ work as if it were the Company’s own work.

12Confidentiality & data protection

12.1 Both parties shall keep confidential all information obtained during the course of the contract, except where disclosure is required by law or to professional advisors.

12.2 The Company will process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Company’s privacy policy is available at www.murrayacoustics.com/privacy-policy.

12.3 The Company may use anonymised project information for marketing, training, or reference purposes unless the Client objects in writing.

13Health & safety

13.1 The Company shall comply with the Health and Safety at Work Act 1974 and related legislation when performing the Services.

13.2 The Company reserves the right to refuse access to any site deemed unsafe or to withdraw from site if hazards emerge that were not disclosed by the Client.

14Insurance

14.1 The Company maintains Professional Indemnity Insurance and will provide evidence of cover on request.

14.2 The Company shall maintain insurance for the duration of the Services and for 6 years following completion (or as required by the project).

15Force majeure

15.1 Neither party shall be liable for failure to perform obligations due to events beyond reasonable control including acts of God, war, terrorism, pandemics, government restrictions, strikes, or failure of utilities or transport networks.

16General

16.1 No variation to these Terms is valid unless agreed in writing and signed by both parties.

16.2 If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.

16.3 Failure to enforce any right under these Terms does not constitute a waiver of that right.

16.4 These Terms and any contract between the parties are personal to the Client and may not be assigned without the Company’s prior written consent.

16.5 These Terms constitute the entire agreement between the parties and supersede all prior discussions, correspondence, or agreements.

17Governing law & jurisdiction

17.1 These Terms and any contract between the parties shall be governed by the laws of England and Wales.

17.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.

17.3 The parties agree to attempt to resolve disputes through negotiation and, if necessary, mediation before commencing litigation.

Acceptance

By accepting the Quote to which these Terms are attached, the Client confirms that it has read, understood, and agrees to be bound by these Terms & Conditions.

Approval Guarantee

Where the Quote states the Approval Guarantee applies and the Client adopts the Company’s recommended approach, then if the Local Planning Authority rejects the assessment on technical grounds (a written objection to the survey methodology, calculations, or technical conclusions of the Report), the Company will revise the Report at no additional cost until those objections are resolved. If such objections cannot be resolved through revision, the Company will refund the fee for the affected Services in full and the Client shall retain its licence to use the Report and survey data for the original purpose. The guarantee does not apply to: objections or refusals on non-acoustic grounds; cases where the Client did not adopt the recommended approach; matters arising from inaccurate or incomplete information provided by the Client; or material changes to the design, scheme, or plant selection after the assessment. The remedies in this clause are the Client’s sole and exclusive remedies in respect of technical rejection of a Report.