Terms and Conditions

MAV Reality Ltd

Please read all the terms and conditions stated below

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want from our service and you are happy with the conditions of the contract.

If you are not sure about anything, please contact compliance@MAVreality.co.uk .

Application

These Terms and Conditions will apply to the supply of goods and services to you (the Customer, you or your).
We (the Company, Company, us or we) are MAV Reality Ltd, a company registered in England and Wales under the reference number 13260648 whose registered office is at :-

2 Lakeview Stables Lower St. Clere, Kemsing, Sevenoaks, England, TN15 6NL

The business address is:-
4, Crown Yard, Off Southgate, Elland, West Yorkshire, HX5 0DQ
The email address is Compliance@MAVreality.co.uk
These are the terms on which we sell all services to you. By ordering and booking in any of the Goods or Services, you agree to be bound by these Terms and Conditions.

Interpretation

Contract means the legally binding agreement between you and us for the supply of the services
Delivery or Service Location means the Customer’s premises or other locations where the Services are to be supplied, as is set out in the order;
Goods means any goods that we supply to you with the services, of the number and description as set out in the order;
Order means the Customer’s order for the Goods and/or Services services from the Company as set out within this agreement
Services means the services, including any Goods, of the number and description set out in the Order.

Services

The quantity and description of the Goods and services shall be set out in the Company’s quotation or acknowledgement of order. Any samples or specifications are illustrative only, and the Company reserves the right to correct any error or omission in sales materials. The Company shall use its reasonable endeavours to transfer to the Buyer the benefit of any warranty or guarantee given by the manufacturer of the Goods to the Company. No employee, contractor or agent of the Company are authorised to make any representations or contractually binding statements concerning the Goods not set out in these Conditions.
You may authorise us to deal with your agent if you so wish, in relation to any installation and delivery Where an installation has been instructed through an agent of the Customer, all installations will be carried out according to the specifications provided by the agent or you. We will follow the installation documentation and/or technical drawings supplied by you or the agent following their site survey. We will not be responsible for any inaccuracies within these drawings or technical information. If an installation must be aborted due to the drawings being incorrect, this will result in a failed installation, Costs are detailed within the Fees and Payments section.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All services are subject to availability
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes either in person, telephone or email.

Customer responsibilities

You must cooperate with us in all matters relating to the Goods and Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
You must ensure that the site will be clear of hazards & any potential threat to the health and safety of the engineers who will be attending the Delivery Location. We would expect to be notified of any outbreak of infectious diseases e.g coronovirus
Access to the site must enable our vans to park within a proximity to the closest access point to where the Services are being carried out. This is to enable safe moving and handling of tools and equipment required to complete the Service.
Failure to comply with the above is a Customer default which entitles us to charge the necessary Fees to cover the delay for commencing work, suspend performance of the services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on a written notice to you via email.

Basis of Sale

The description of the Services and any Goods is set out by our agents. Where services are agreed without an agent, a survey of the site will be completed, an online catalogue of equipment shown for the customer to base their decision on. These catalogues or other forms of advertisement do not constitute a contractual offer to sell the Services or Goods.
When an order has been made, we can reject it for any reason, although we will try to let you know the reason without delay.
A Contract will be formed for the Services ordered, only upon the Company sending an email to the customer stating that the Order has been accepted or, if earlier, the Supplier’s delivery of the services to the customer.
Any quotation or estimate of fees (as defined below) is valid for a maximum of 30 days from the date it is issued, unless we expressly withdraw it at an earlier time.
No variation of the contract, whether about description of Services, Fees, or otherwise, can be made after it has been entered in to unless the variation is agreed by the Customer and the Company in writing, usually via email.

Fees and Payments

The fees (Fees) for the services, the price of any Goods and Services (if not included in the Fees) and any additional delivery or other charges is that set out in the quotation. Fees may vary reasonably between quotation and the booking of the installation. All Customers will be given notice of any changes at the time of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or standard rate basis.

The Fees are subject to 20% VAT. Some customers may be exempt from VAT. In these circumstances, the Accounts Manager should be informed via email to accounts@MAVreality.co.uk providing full name and address of the exempt party. The Accounts Manager will then send out a VAT exempt form which must be completed and returned to accounts@MAVreality.co.uk.
Fees will increase where services are provided outside of the basic business hours which is referred to as an uplift.

The basic business hours are Monday - Friday 8am - 6pm

Should there be an uplift charged, this will be subject to VAT at 20% and will be itemised on the final invoice.
Additional Fees may be added to the quote or final invoice where a cost has been incurred in respect of congestion or clean air zone charges.

Fees and charges include VAT at the rate applicable at the time of Order.

Payment for Goods & Services will be made at time of order, unless a credit account has been requested & confirmed
Payment for Goods and Services on account must be made within 30 days of invoice unless a separate agreement was made at the time of creating the Contract.
Payments must be made via Credit/Debit card,online portal or BACS, faster payment service or cheque made payable to MAV Reality Ltd. using the reference number attached to your Order.
We usually take payment immediately or otherwise before delivery of Services.
Should payment for Goods and Services supplied become overdue, late payment fee will apply. The Fees will be calculated and applied as follows;
an Administration Fee charged at £10 per email, letter or phone call to cover costs for chasing payment and a new invoice generated to include the Late Payment Fee.
should the value of the Order be up to £999.99 then a standard £40 charge will be incurred plus interest at the current rate.
should the value of the Order be between the value of £1000 to £9999.99, a standard charge of £70 will be incurred plus interest at the current rate.
should the value of the Order be to the value of £10,000 or more, a standard charge of £100 will be incurred plus interest at the current rate.
Interest will also be is calculated for the invoiced amount at a rate of 8% plus the Bank of England base rate.
Should it not be possible to complete an installation due to the failure of pre-installation works already carried out (pre-installation governs pipework, electrical and network installations, there will be a return visit cost charged to the customer based on the following rates;
1 Engineer return - Rate card
2 Engineer return - Rate card
return visits will also be subject to additional mileage and hotel accommodation costs where applicable (up to a maximum of £1200 per day).

The Customer will become responsible for Waiting Time Fees.

Waiting time means that Services cannot commence straight away or are delayed for reasons that the engineers are not responsible for. This may include, but is not limited to
(i) being unable to access the site safely
(ii) waiting on a delivery to site containing equipment which the engineers require to carry out the Services. (Where the customer is at fault, such as refused delivery, courier unable to access site)

The costs will be charged at an hourly rate as follows:
£60 per hour of waiting time per engineer.
Additional failed installation costs could be added if the waiting time leads to a failed installation on this or other bookings.

Delivery

We will deliver the Services, including any Goods to the Delivery Location by the time or within the agreed period or, failing any agreement;
in the case of Services, within a reasonable time; and
in the case of Goods, without undue delay and, in any event not more than 30 Calendar days from the day on which the contract is entered into.
b. In any case, with the exception of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges as is reasonable on a case by case basis.
c. As part of the service, if relevant the engineer will give an explanation and demonstration of all equipment installed to train the user to use the equipment safely.

d. Our registered business operates in England, Wales, Scotland, Northern Ireland, Isle of Man and Channel Islands. If, however, we accept an order for delivery of Goods and/or Services for outside that area, you may need to pay import duties or other taxes, as we will not pay them.
e. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
f. If you fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and delivering them. Costs may be a fixed charge or daily charge to cover costs incurred by VXT Technologies Ltd. Costs will be discussed at the time of the failed delivery.
g. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
If we supplied the Goods, you do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them, a Restocking fee or 30% will be applied.

Defective Product

The Company's liability (both in contract and in tort) in respect of defects in the Goods shall be limited to the replacement of faulty items or material, or the issue of credit notes, or the granting of a refund or such other compensatory measures as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value.

The Company cannot be responsible for deficiencies that are not under their control such as connectivity, network, power or environmental issues that hamper the proper operation of the product.

The Company’s liability to the Buyer in aggregate will not exceed the value of Goods or Services placed under any individual Contract.
For the avoidance of doubt, nothing in these Conditions will exclude or restrict the Company's liability for death or personal injury arising from its negligence, or for any fraud or fraudulent misrepresentation.

LFE/Customer Provided Equipment

Installation and Reinstallation:

MAV Reality is committed to taking every possible care during the de-installation and reinstallation of existing solutions.
While every effort is made to ensure the integrity of systems, MAV Reality assumes no liability for failures during reinstallation unless explicitly stated otherwise in writing.
No responsibility is accepted for the physical or electronic failure of equipment, including but not limited to large format displays, AMPs, DSPs, and mic arrays, resulting from removal or reinstallation.

Integrated Audio Visual Switching/Control

Code/Programming:

MAV Reality emphasises its commitment to handling code and programming with the utmost care during integration, adjustment, or de-installation/reinstallation.
MAV Reality does not accept liability for the failure or loss of existing code/programming, including hardware such as AMPs, DSPs, and mic arrays, due to the work performed.

Unforeseen Issues:

In cases where schematics, code, or wiring diagrams are not provided by the client, MAV Reality reserves the right to charge additional fees for any unforeseen issues discovered during the course of the project.
Additional charges may be required for extra parts or engineering time needed to resolve issues arising from the absence of provided documentation.

### Force Majeure
The Company reserves the right to cancel, vary or suspend performance of the Contract if it is prevented from carrying on its business by any act, event or accident beyond its reasonable control including but not limited to fire, floods, storm, plant breakdown, strikes, lockouts, riot, hostilities, non-availability of materials or supplies or any other force majeure event.

Withdrawal and Cancellation

You can revoke the Order before the Contract is finalised, without incurring any liability, if you simply change your mind. However, please note that an admin charge of 20% will apply in such cases.

Once the Goods/platforms have been provisioned, no refunds will be issued, unless in extreme cases.



You have the option to cancel the Contract, except for any Goods that are customized to your specific requirements, by informing us at least 14 days prior to the agreed installation date stated in the Contract. If you decide to cancel without providing a reason, you will not be held liable, except for the return of the Goods in undamaged condition at your own expense. In this scenario, we will promptly refund the amount you paid in advance for the Goods and Services, but we reserve the right to retain a separate delivery and administrative charge.

Please note that the aforementioned conditions do not affect your rights in cases where the cancellation is due to defective Goods or Services.

In situations where the customer is responsible for ordering the equipment, they remain liable for covering the cancellation costs outlined in the aforementioned criteria for any canceled or rescheduled Orders. Examples of such situations include, but are not limited to, instances where the equipment fails to arrive at the Delivery Location or when the equipment is out of stock and the customer requests a rescheduling of the Services.


A failed installation means the engineers arrived at the site and were unable to carry out the work at the fault of the Customer.
Where there has been a failed installation, the Customer will incur a charge and will be invoiced to cover the costs incurred to the Company. This charge will include all additional costs and charges incurred for all the following:
fuel/mileage expenses
wages for the number of engineers who attended site
time spent in ordering equipment that the customer has not provided
administration costs to rebook the Order so that a new booking date can be provided. The new Order date will be chargeable as per the agreed Contract unless a new Contract is agreed.
any goods or equipment that has been specifically ordered by us and where we have incurred charges/costs.
any goods that were tailor made at a cost to us for a specific installation where this has not been included in the original quote, even if the installation is not completed.

Cancellation of Resources:

Cancellations or rescheduling of any resources booked with MAV Realities are subject to the following charges, based on the notice provided prior to the scheduled start time:

Cancellations made within 72 hours: 50% of the quoted amount will be charged.
Cancellations made within 48 hours: 75% of the quoted amount will be charged.
Cancellations made within 24 hours: 100% of the quoted amount will be charged.
These charges are applicable to ensure the reservation of resources and associated costs incurred by MAV Realities in preparation for your project.

This policy also applies to cancellations of any associated hotel bookings, travel arrangements, and other incurred expenses.
In case of cancellation, rebooking will be required and the original quoted price may change due to time scales & availability.

Returns Procedure

Goods returned must be in the original packaging and in a clean re-saleable condition accompanied by a copy of the original invoice together with a return authorisation number from your Account Manager. Goods returned otherwise will, at our discretion, either be refused or a further additional restocking fee charged to cover the additional costs involved.


b. Goods returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase. Before returning items, please email your Account Manager for authorisation to return items and a discussion of the problem which may assist in rectifying faults before goods are returned. It is your responsibility to ensure that any goods returned are appropriately packaged and properly insured. The Company will not be responsible for goods returned to us that are lost or damaged in transit.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you but the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description
It is not a failure to conform if the failure has its origin in your materials.

We will supply the Services with reasonable care and skill.
c. The Company will support the customer only where an aftercare or maintenance package has been agreed and has formed part of the Contract.
d. Any manufacturers warranties will apply if brand new equipment is purchased.
e. No warranty will be given on the installation of second-hand equipment.

Duration, termination and suspension

The Contract continues for as long as it takes us to deliver the Goods or perform the Services
Either you or we may terminate the Contract or suspend the Services at any time by written notice of termination or suspension to the other if the other:
commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
is subject to any step towards its bankruptcy or liquidation
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the general data protection regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found in our Administration files and can be emailed upon request.
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
d. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligation imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
e. For any inquiries or complaints regarding data privacy, you can contact our Operations Manager at the following email address compliance@MAVreality.co.uk

Assignment

The Customer cannot assign the benefit of this Contract to someone else. The Company may assign the benefit of the Contract without Customer’s consent. The

h Company.

Excluding liability

We do not exclude liability for (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Company’s other legal obligations, or (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to this, we are not liable for
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; and
indirect or consequential loss.
.

18 Intellectual property rights
18.1 All Intellectual Property Rights in or arising out of or in connection with the Goods and Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Company.
18.2 The Customer shall not sub-license, assign or otherwise transfer the rights granted by clause 18.2.

Governing Law, jurisdiction and complaints
The contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
We try to avoid any dispute, so we deal with complaints as follows:
If a dispute occurs regarding the quotation, ordering, booking or completion of services including installation, aftercare and maintenance or with our customer service. Customers should put their concerns in writing. The first step should be to contact the Account Manager to find a solution. Should the Customer not receive a satisfactory response, disputes can be escalated to our compliance team via email using compliance@MAVreality.co.uk We will aim to respond with an appropriate solution within 7 working days.

Updated on: 04/09/2024