“Ultimate Ear” or “Ultimate Hearing Protection Systems” means Ultimate Ear Protection Limited who’s normal address for operational activities is 13 Moorfield Road, Orpington, Kent, BR6 0HG and who’s registered address is 16-18 Upland Road, East Dulwich, London, SE22 9GG company registration number 4917157.
“Customer” means the person or business who has placed the order with Ultimate Ear.
“Goods” means the item(s) and/or service(s) that Ultimate Ear is to supply to the customer.
“Contract” is the contract for the taking of the customer’s impression, sale and supply of Goods by Ultimate Ear to the customer;
“Order” is the request made by the Customer to Ultimate Ear for the provision of products and services provided by Ultimate Ear.
“Impression” means the impression of the customer’s ear, which is to be taken by Ultimate Ear or a party authorised by Ultimate Ear.
“These Conditions” shall mean these conditions of sale in full.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in the whole or in part, the validity of the other conditions and the remainder of the provision in question shall not be affected thereby. These Conditions shall be deemed to be incorporated in any Contract written or implied for Ultimate Ear to supply Goods unless agreed to the contrary in writing, orders written or verbal are only accepted in accordance with These Conditions to the exclusion of any conditions stipulated by the customer. Waiver of all or part of These Conditions shall not be valid unless agreed in writing by Ultimate Ear.
(a) The Customer, by placing an Order to Ultimate Ear, shall be deemed to make an offer to Ultimate Ear for the Goods subject to These Conditions and an Order will only be accepted when confirmed orally or in writing by Ultimate Ear.
(b) Ultimate Ear reserves the right to make any changes in the specifications of the Goods which are required for the Goods to confirm to any applicable safety requirements or where the Goods are to be supplied to Ultimate Ear’s specifications, which do not materially affect their quality or performance.
(a) The price of the Goods is inclusive of the cost of any packing, delivery and Value Added Tax (“VAT”) where applicable, as well as any impressions that need to be taken; except where a local authorised agent is requested by the customer whereby additional payments are agreed.
(b) Ultimate Ear reserves the right at any time to adjust the published price to take into account of any rescheduling costs and/or any increase in the materials, labour, taxes or services, or any currency fluctuations.
(c) Payment of the price for the Goods is to be made at the same time as the Order is accepted and in any event before any impression is to be taken.
(a) Ultimate Ear will only manufacture using impressions that meet the required criteria whether taken by a party authorised by Ultimate Ear, or supplied by the customer from other sources. Where a customer wishes Ultimate Ear to manufacture using an impression which doesn’t meet the criteria, they must issue this request to Ultimate Ear in writing and in doing so the customer absolves Ultimate Ear against any performance drop.
(b) Once a time, date and location for an impression taking appointment has been agreed, customers must arrive at the agreed location at the agreed date and time.
(c) In the event that a customer wishes to reschedule an impression taking appointment, at least 24 hours notice must be given or the customer will be liable for a charge of £25, payable to Ultimate Ear.
(d) If a customer wishes to cancel an order within 24 hours of impression taking, or following impression taking they will be liable for a charge of £30, payable to Ultimate Ear.
(a) Delivery occurs when:
(i) The Customer picks up the Goods at Ultimate Ear’s head office or
(ii) Ultimate Ear posts the Goods to the Customer.
(b) Every effort will be made to ensure that the Goods will be with you within 28 days of the impressions, and full payment having been received by Ultimate Ear; but no liability for failure to do so will be accepted unless an express delivery has been requested and paid for.
(c) Time is not of the essence for this contract except where express delivery has been requested and paid for.
(d) Title to the Goods will pass to the Customer on delivery.
(e) The Goods are at the risk of the Customer from the time of delivery
(f) When the Order is for multiple units Ultimate Ear reserves the right to deliver in more than one consignment. Where the goods are delivered in installments each delivery shall constitute a separate contract and failure by Ultimate Ear to deliver any one or more of the installments in accordance with These Conditions, or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the contract as a whole as repudiated.
(a) Unfortunately, due to the customized nature of the goods, Ultimate Ear cannot accept returns for refund of non-faulty goods which correspond to their description.
(b) At the customers’ request, Ultimate Ear will exchange the filter in any custom made filtered earplug for a small handling fee, within 14 days of dispatch of goods for a filter with a higher or lower level of attenuation. Filters will only be exchanged for filters with comparable noise reduction characteristics.
(c) Nothing in these conditions excludes liability for loss arising from fraud, death or personal injury caused by negligence.
(d) Ultimate Ear guarantees that the goods:
(i) Shall be of satisfactory quality.
(ii) Shall be fit for purpose.
(iii) Where sold by description match the description.
(e) Ultimate Ear shall not be liable for any loss howsoever caused arising from a breach of contract, including but not limited to; foreseeable loss, indirect loss, loss of profit as well as damages arising out of the misuse of the goods.
(f) The limitation of liability of Ultimate Ear, including negligence or breach of statutory duty or otherwise to the customer for loss or damage; shall be limited to and in no circumstance exceed the price of the goods.
(a) Ultimate Ear may assign or subcontract the Contract or any part of it and may dispose in any manner with any of its rights or beneficial interests under it.
(b) The Customer may not assign the Contract or dispose of or deal in any manner with any of its rights or beneficial interests under it.
Ultimate Ear shall have no liability in respect of failure or delay in delivery or in the performance of any obligations under the contract due to any cause outside their control, including but not limited to, act of God, fire, floods, war, civil disturbances, riot, act of Government, currency restrictions, industrial disputes, unavailability of materials of failure of supplier, carrier or sub-contractor to deliver on time.
This Contract shall be governed by and construed in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the courts of England.