Payment Terms
Payment term(s) and schedule(s) listed on any Sight And Sounds (Installer) Invoice, Estimate, and/or Contract Proposal pertains to the components, hardware, and labor in emailed or postal-mailed Invoice, Estimate, and/or Contract Proposal with the due dates for payment(s) shown therein. Labor rates are listed on the “about/services” page on the www.sightandsounds.com website. All sales are final, and any product refunds or exchanges must be approved by the Installer. The Installer may cease any work performed and remove any or all current and prior system products and/or programming should payment not be made for (a) phase/schedule payments or (b) any unpaid invoices or (c) any unpaid change orders. A finance charge of 1.5 percent per month, which is an annual percentage rate of 18%, will be added to the unpaid balance after 30 days. In the event legal action is taken to collect a past-due account, the customer agrees to pay all attorney fees, court costs, and/or collection costs.
The Installer agrees to warranty all work performed for a period of 1 year. This does not include manufacturer’s warranties of installed components or associated shipping/handling costs. Normally, the Installer does not charge for warranty services, unless the component has not been purchased through the Installer, if the component is out-of-warranty, or if anyone other than the Installer has tampered with the installation. In such cases, all removal, shipping, repair, and re-installation shall be billed on a time-and-materials basis.
In cases of damaging or unusual phenomena of the elements, fire or other casualties, settlement, distortion, failure or weakness of structure upon which or against which Installer’s materials are applied, for any interior damage caused by normal usage and movement of material and equipment, or alteration of the structure or installation in any respect after completion of Installer’s work, the Installer shall not be held liable.
All AC electrical work which supplies power to the components listed in Proposal, Estimate, or Invoice, must be performed by a licensed electrical contractor other than the Installer. Any and all government permits and fees, or any other additions, if required, will be added to the labor price on a time-and-materials basis. All framing work which supports the components listed in Proposal, Estimate, or Invoice, must be performed by a licensed framing contractor other than the Installer. Any and all government permits and fees, or any other additions, if required, will be added to the labor price on a time-and-materials basis. All drywall patchwork related to components listed in Proposal, Estimate, or Invoice, must be performed by a licensed drywall contractor other than the Installer. The Installer can provide a list of suitable contractors upon request.
Contract Details And General Practices & Procedures
This text is displayed on all written contracts:
A) Scope
The Installer’s Contract pertains to the components, hardware, and labor in the attached Proposal with the schedule and due dates for payment(s) shown therein. All sales are final, and any product refunds or exchanges must be approved by the Installer. Labor rates are listed on the www.sightandsounds.com website “about/services” page. The contract documents consist of Invoice, Estimate, and/or Contract Proposal agreement, including all general provisions, special provisions, specifications, drawings, photographs, notes, addenda, change orders, written interpretations, and written orders for minor changes in work. Such documentation remains the Installer’s intellectual and administrative property.
B) Scheduling
With respect to schedule completion of the tasks, time is of the essence. If installer is delayed at any time in the progress of the work by client change orders, fire, labor disputes, acts of God or other causes beyond installer’s control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay. The Installer has the sole discretion to determine the proper job site state in which to perform installation phases. For example, if the home or business job site is still in the process of being built with dust-creating activities such as drywall and paint, or if the site is lacking permanent power, the site lacks internet, the surrounding landscape is dirt or mud, the driveway access is substandard, among other signs of incomplete or inappropriate state, the Installer has the sole right to suspend or re-schedule work as necessary to properly install hardware, wire, and/or components in a clean and accessible site location.
C) Payments and Completion
The Installer may cease any work performed and remove any or all current and prior system products and/or programming should payment not be made for (a) phase/schedule payments or (b) any unpaid invoices or (c) any unpaid change orders. A finance charge of 1.5 percent per month, which is an annual percentage rate of 18%, will be added to the unpaid balance after 30 days. Payment(s) shall be due immediately following completion of any project phase or service, regardless of size and scope. In the event legal action is taken to collect a past-due account, the client agrees to pay all attorney fees, court costs and/or collection costs. The Proposal expires 30 days following the date stated on the top of the contract agreement, unless signed and agreed-to. No work shall be scheduled without a deposit plus a signed copy of the agreement.
D) Changes in the Contract
The client may order changes, additions, or modifications without invalidating the contract. Such changes must be agreed-to by the Installer and signed by the client. The installer, if agrees, shall provide the client in writing the amount of additional costs or cost reductions resulting from changes ordered unless this requirement is waived in writing by the client. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract’s payment schedule. In case of product unavailability or discontinuation, installer reserves the right to substitute equipment of equal or better quality. If job is of a retro-fit or remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, client agrees that he/she may be charged at current rate(s) listed on the “about/services” page on the www.sightandsounds.com website for all extra labor involved in completing the job. The installer agrees to immediately notify client of any unforeseen circumstances when discovered and provide a written estimate of materials and labor.
E) License
Installer is a licensed and bonded low-voltage contractor and security company operator. Therefore, all AC electrical work, structural framing, drywall, paint, trenching & conduit, and other specialty-trades related to the installation of products in the attached contract, must be performed by a licensed contractor associated with the respective trade other than the Installer. Any and all government permits and fees, or any other additions, if required, will be added to the labor price. The Installer can provide a list of suitable contractors upon request. The costs associated with any related work or materials, including, but not limited to electrical, framing, drywall, painting, cabinets, and trenching/conduit are not included unless specifically documented in the proposal.
F) Insurance & Liability
Installer shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract. In cases of damaging or unusual phenomena of the elements, fire or other casualties, settlement, distortion, failure or weakness of structure upon which or against which installer’s materials are applied, for any interior damage caused by normal usage and movement of material and equipment, or alteration of the structure or installation in any respect after completion of installer’s work, the installer shall not be held liable.
F) Warranty
The Installer agrees to warranty all work performed for a period of 1 year. This does not include manufacturer’s warranties of installed components or associated shipping costs. Normally, the Installer does not charge for warranty services, unless the component has not been purchased through the Installer, if the component is out-of-warranty, or if anyone other than the Installer has tampered with the installation. In such cases, all removal, shipping, repair, and re-installation shall be billed on a time-and-materials basis.
In the case of written Invoiced Bill of Materials, Estimate, or Contract Proposal, the following apply:
1) The general project description is contained in any delivered or email-attached document and related documents from herein referred to as the “Proposal” “Contract” and “Invoice” and agreed to by both client and installer.
2) The specific work to be performed by installer is the installation of the specified system, with programming, as outlined in the Proposal, Estimate, or Invoice.
3) The total amount to be paid by the client for the performance (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal, Estimate, or Invoice.
4) Progress payments shall be made according to the payment schedule in section 9, “Payment Schedule” or on the Proposal, Estimate, or Invoice itself. Components will not be ordered until the component payment has been submitted and received by the Installer. Component deliveries are subject to the timing of the construction, the site being safe and clean (see section B “Time”) and the lead times required for the ordered equipment to be delivered. Since installer will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Installer requires a “component ordering” phase ordering window of five weeks prior to final installation.
5) Payment is due immediately after invoicing. Unpaid balances beyond 10 days after invoicing of completed phases within a contract, described in section 9, “Payment Schedule” shall bear interest payable to the installer at a rate of 1.5% per month simple interest. The installer may cease any work performed and remove any components, hardware, and/or programming, should payment not be made for the listed payment schedules.
6) The Proposal expires 30 days following the date stated on the top of the contract agreement, unless signed and agreed-to. No work shall be scheduled without a deposit plus a signed copy of the agreement. All drawings and specifications contingent on agreement and retainer.
7) If job is of a retro-fit or remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, client agrees that he/she may be charged at current rate(s) listed on the “about/services” page on the www.sightandsounds.com website for all extra labor involved in completing the job. The installer agrees to immediately notify client of any unforeseen circumstances when discovered and provide a written estimate of materials and labor.
8) Installer reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Installer will not be held responsible or liable in any way for any said product’s obsolescence, discontinuation or unavailability.
9) Payment Schedule (this is an example ONLY, your payment schedule may differ):
|
Payment Schedule |
Payment Percentage |
Description |
|
Initial Deposit (10% or $1000) |
10% |
Payable upon signing Contract |
|
Planning Phase |
10% (plus deposit balance) |
Payable 3 days after signing Contract |
|
Prewire Phase |
20% |
Payable upon prewire completion |
|
Component Ordering |
40% |
Payable prior to ordering components |
|
Finish |
20% |
Payable immediately on system completion |
|
Total: |
Job Total |
All Due And Payable |
Security Monitoring Terms
Upon signature of any work proposal or invoice related to security system work, security monitoring services, or cell-based services, the customer agrees to these terms below:
1) Sight And Sounds, its Agents, Assigns and Subcontractors (“Company”) are not insurers. If the Customer wishes to have insurance, he/she shall be responsible for obtaining it. The amounts payable to Company by the Customer for security system monitoring and/or cell-based communication services are based upon the value of the Company’s services only and are unrelated to the value of the Customers property or any potential liability of either Company or the Customer. The Company reserves the right to subcontract services.
2) Company makes no guarantee or warranty including any implied warranty of merchantability or fitness for a particular use or purpose, that either Company or the Customers systems or services, will avert or prevent occurrences or the consequences there from, which the systems or services are designed to detect. The Customer agrees to and shall indemnify and save harmless the Company, its employees and agents from and against all third-party claims lawsuits and losses alleged to be caused by Company’s performance, negligent performance or failure to perform its obligations.
3) The customer does not desire to pay the prices that would have been charged if Company were to be fully liable and agrees that Company shall be exempt from liability for the loss or damage due directly or indirectly to occurrence or consequences there from, which the system or service is designed to detect or avert; that if Company should be found liable, its liability shall be limited to a sum equal to ten percent of the annual monitoring charge for the above named location or $300.00, whichever is greater, as an exclusive remedy and that the provisions of this paragraph shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this agreement or form negligence, active or otherwise, of Company, its agents or employees.
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