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Design britannique  |  Enceintes performantes  |  Experts depuis 1972

Design Services | Terms and Conditions

Monitor Audio Group proudly offer a clear, professionally designed and acoustically approved system design package for Monitor Audio Group's UK partner accounts and integrators.

The intentions of this service are to translate customer needs, preferences and environment into a tailored, high‑performance sound solution. The System Design teams’ goal is to capture the client’s vision, ensuring the final system delivers clarity, balance and reliability.

Typical deliverables include a detailed project brief, recommended products and specifications, system schematics and recommended placement for optimum performance all shaped by the information provided.

 

Monitor Audio Group’s System Design projects are subject to the following general Terms and Conditions;

 

1. DEFINITIONS

In these conditions:-

A. "The Client" means the addressee of the Proposal, or the issuer of any subsequent Order or Instruction.

B. "The Consultant" means Monitor Audio Group (Trading as Monitor Audio Ltd) or any person sub-contracted by them to carry out work in connection with the project.

C. "The Project" means the consulting work, the title, nature and scope of which are set out in the proposal.

D. "The Customer" shall mean the end-customer and installation location of the intended proposal.

E. "The Proposal" shall mean the technical proposal and any supporting documents referred to thereon together.

F. "The Contract" means the Agreement formed between The Consultant and the Client.

 

2. GENERAL

(a) The conditions set out below shall, with the proposal, constitute the terms of the Contract. The Contract shall be formed by The Client, or their representative, instructing The Consultant to proceed with the Proposal.

(b) No other conditions or terms shall be incorporated in The Contract. An acceptance by The Consultant of an order of The Client shall be exclusively upon these terms.

(c) The System Design service is only available for Monitor Audio Group verified accounts based within the United Kingdom.

 

3. CLIENT'S PROPERTY

The Consultant shall not be liable for any damage to items or property owned or purchased by The Client and supplied to The Customer in connection with The Project.

 

4. SUSPENSION

Work by The Consultant may be wholly or partly suspended and the time of such suspension may be added to the original period of The Project in the event of stoppage, delay or interruption of work during the period of The Project as a result of strikes, of the industrial location, other industrial disputes, breakdowns, accident, sickness, failure by The Client to give adequate instructions or approvals, or any cause whatsoever beyond the control of The Consultant.

 

5. FREE OF CHARGE CONDITIONS

(a) The Project is provided free of charge from The Consultant on the condition that the Client utilises and purchases the recommended Monitor Audio Group products.

(b) Should The Customer elect not to proceed with the purchase of the recommended products, The Consultant reserves the right to:

  • (a) withdraw the Proposal and all associated documents and materials;
  • (b) invoice the Client for the Project at the Consultant’s standard design consultancy rate; and
  • (c) decline to provide further design or advisory services to the Client.

 

6. DURATION AND DELIVERY

(a) The Consultant will make every reasonable effort to perform and carry out The Project from the Commencement Date until the Completion Date specified.

(b) No extension of the duration of The Project may be made by The Consultant other than arising out of the events specified in clause 4 unless agreed in writing by The Client.

(c) Delays in delivery shall not render The Consultant liable under any circumstances for damages, consequential loss or loss of profits.

 

7. TERMINATION

The Client or The Consultant may terminate The Agreement by giving two weeks’ written notice by electronic mail to the other party where it considers termination justified on the grounds that no further purpose would be served by continuing The Project. Notice of termination will only be given by either party after full discussion with the other party of the reasons for the proposal to give such notice.

 

8. EXCLUSIONS AND INDEMNITY

(a) The Client shall at all times indemnify and keep indemnified The Consultant in respect of all loss or damage or expense suffered by any third party for which The Consultant may become liable in connection with the carrying out of The Project.

(b) The obligations of The Consultant shall cease upon delivery of The Project. No liability whatsoever either direct or indirect shall rest upon The Consultant for the effects of any product or process that may be produced by The Client or any other party, notwithstanding that the formulation of such product or process or commercial transaction may be based on the findings of The Project.

 

9. TECHNICAL INFORMATION

(a) The Client shall supply all pertinent data and information and give such assistance as shall be required by The Consultant for the carrying out of The Project.

(b) Any drawings, documents or other matter submitted by The Consultant to The Client and vice versa with the proposal and used during the course of The Project are confidential and must not be copied or transmitted to any third party, excepting those advising The Client on matters pertaining directly to the contract, or used for any other purpose whatsoever. The drawings, models, samples and other matter remain the property of whichever party supplies them unless specifically agreed otherwise in writing and must be returned on request.

(c) The Consultant shall be entitled to make, use and return copies of the technical information referred to above (but specifically excluding technical information acquired from The Client) free of charge for its own purposes.

(d) To minimise costs, routine monitoring The Client project databases or information networks or bulk reply-all emails is not included. Instead, it is assumed that any project changes requiring The Consultant's input will be drawn to The Consultant's attention by the Client or whichever member of the design team requires the acoustic advice.

 

10. ACCURACY AND LIMITATIONS

(a) The Consultant will exercise reasonable skill and care in preparing the Proposal; however, all recommendations are based on the information provided by the Client.

(b) The Consultant shall not be liable for any performance issues arising from incomplete, inaccurate, or misleading information supplied by The Client.

(c) The Consultant cannot guarantee that the objectives set out in The Proposal will be attained but will use every reasonable effort to do so. The Consultant accepts no liability whatsoever for the accuracy or use of data supplied by third parties.

(d) The Project does not include on‑site installation, commissioning, or post‑installation calibration unless expressly agreed in writing.

 

11. WARRANTY

(a) The Project is advisory in nature and does not constitute a guarantee of system performance, compatibility with third‑party equipment, or suitability for any specific purpose.

(b) Any warranties applicable to Monitor Audio Group products shall be limited to manufacturer warranty from the date of purchase from the Client to Customer.

 

12. CONFIDENTIALITY OF INFORMATION

(a) Any information relating to The Client's operations shall be regarded as confidential and will not without the prior written consent of The Client be used (except in connection with The Project), published or disclosed by The Consultant. This restriction does not apply to information which is, or at the time of publication or disclosure, has become public knowledge through no act or default of The Consultant.

(b) The project shall be maintained on a confidential basis between The Consultant and The Client, and no information shall be released during The Project to any third party except by mutual consent of both The Consultant and The Client.

(c) Findings arising out of a project relating specifically to The Client or Consultant's product or design will not be published except by mutual consent of both parties.

 

13. INTELLECTUAL PROPERTY

(a) Copyright in all original drawings, designs, proposals, reports, and other written matter originating from The Consultant whether made pursuant to The Proposal or otherwise shall remain vested in The Consultant at all times.

(b) All Intellectual Property developed by The Consultant during The Project other than in clause (a) above shall belong to The Consultant. In the case of projects terminated as a result of liquidation, bankruptcy or receivership, all patentable inventions, drawing designs, proposals, reports and other written matter submitted to The Client with The Proposal and used during the course of The Project remain the property The Consultant and must be returned on request.

(c) All patentable inventions, non-patentable processes, designs, copyrights, improvements or know-how originating from The Consultant arising wholly and exclusively from this Agreement and relating to its objectives shall be the property of The Consultant. Terms for assignment to The Client or joint exploitation shall be the subject of negotiation between The Consultant and The Client upon completion of the Services and reasonable conditions agreed between the parties.

 

14. ARBITRATION

Any dispute or difference arising out of The Agreement shall be referred to the arbitration of a person to be mutually agreed upon or failing agreement to some person nominated by the President of the Law Society. The decision by the Arbitrator shall be final and binding upon and enforceable against the parties.

 

15. EXISTENCE OF CONTRACT

Terminations by notice of this agreement by whatever means shall not affect the provision of Clauses 4, 5, 9, 11, 12, 13, 18, 19, hereof.

 

16. COMMUNICATION

(a) All communications to The Client shall be sent to the email address appearing in The Proposal unless some other address has been notified in writing to the Consultant. All communications to The Consultant shall be sent to the email address of The Consultant set out in the Proposal or such other as may be properly notified.

 

17. FORCE MAJEURE

In the event that either party is delayed or impeded in the performance of its obligations hereunder by any cause beyond its reasonable control, it shall be entitled to such extension or time for such performance as may be fair and reasonable in all the circumstances.

 

18. PRODUCT COMMITMENT

(a) The Project is offered on the assumed basis that The Client intends to purchase, in full, the Monitor Audio Group products recommended within the final Proposal.

(b) By accepting the Terms, The Client agrees that the Project is created exclusively for the purpose of supplying Monitor Audio Group products and shall not be used to source equivalent or alternative products from third‑party suppliers without agreement of The Consultant.

(c) In relation to 18(b) above, if products used outside of Monitor Audio Group are utilised in the Project by the Client, The Consultant forfeits responsibility and fault for issues related to performance, accuracy and quality of the Project.

(d) The Client shall not disclose, share, or otherwise distribute the Proposal, in whole or in part, to any third party for the purpose of obtaining competitive quotations, alternative product recommendations or comparative system designs.

 

19. GOVERNING LAW

(a) These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.

(b) Any disputes arising from or in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

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