PAV Installations, LLC Services AGREEMENT (the "Agreement")

Transcription

1 PAV Installations, LLC Services AGREEMENT (the "Agreement") THIS IS A LEGAL CONTRACT BETWEEN YOU AND PAV Installations, LLC("PAV Installations"). READ THIS AGREEMENT CAREFULLY. Install Services TERMS. This Agreement shall set forth the terms and conditions under which PAV Installations shall provide you with the Install Services you have agreed to purchase from PAV Installations (the Install Services you have agreed to purchase from PAV Installations shall be collectively referred to as the "Install Services"). PAV Installations reserves the right to have a third party perform the Install Services. PAV Installations will not perform the Install Services outside of the continental United States. TV INSTALLATION Services. THESE TERMS SHALL APPLY ONLY TO THE TV INSTALLATION Services YOU HAVE AGREED TO PURCHASE FROM PAV Installations (respectively the "TV Install Services"). YOU RE RESPONSIBILITIES PRIOR TO PAV Installation Services. Prior to scheduling TV Install Services, it is your responsibility to ensure: (a) that the product to be installed and all items necessary for installation are available to the technician and are located in the immediate area where the installation is to take place; (b) that the physical installation site is adequate to properly house the product and any components; (c) the availability of adequate power to properly run the product and any components; (d) that all cables required for the connection of the product and components are available to the technician; and (e) that the wall mounting bracket is available to mount the product (if applicable). IMPORTANT NOTICE. IF ANY OF THE ITEMS OR TASKS YOU ARE REQUIRED TO PROVIDE OR PERFORM ARE NOT IMMEDIATELY AVAILABLE OR FINISHED UPON THE TECHNICIAN'S ARRIVAL, THE TECHNICIAN WILL ACCOMPLISH AS MUCH OF THE SERVICE AS REASONABLY POSSIBLE AND YOU WILL BE RESPONSIBLE FOR ANY FURTHER INSTALLATION OR SET UP OF YOUR PRODUCT. IN SUCH EVENT YOU WILL YOU NOT BE ENTITLED TO ANY REFUND OR CREDIT OR TO RECEIVE ANY ADDITIONAL TV Install Services FROM PAV Installations. TV Install Services LIMITED TWO YEAR WARRANTY. PAV Installations shall provide you with a 2-year limited warranty on all labor included with the TV Install Services. PAV Installations will correct any material defects in the workmanship of the TV Install Services if reported to PAV Installations within 2-year of the date the TV Install Services were performed. This limited warranty does not include any warranty on the products installed by PAV Installations or any related parts or equipment. If PAV Installations is unable to correct any such material defects within a reasonable time, PAV Installations shall, as its sole remaining warranty obligation, and as your sole remaining warranty remedy, refund to you the price you paid for the TV Install Services. The manufacturer of the products installed by PAV Installations, or the retailer from which you purchased such products, is solely responsible for all warranties, if any, related to such products. This warranty for the TV Install Services shall not apply in if your inability to use the products, or your less than satisfactory use of the products, is due to: (a) failure of the product; (b) power problems, environmental problems or any cause other than the TV Install Services; (b) modification of the product or the provision of installation Install Services by any party other than PAV Installations; or (c) your misuse, errors or negligence in operating the product. PAV Installations shall not be obligated to cure any defects in TV Install

2 Services unless you notify PAV Installations of the existence and nature of such defect promptly upon discovery. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAV Installations DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. A paper copy of this warranty is available on request. TV Install Services AND CABLE/SATELLITE. We recommend scheduling installation of cable or satellite prior to the performance of the Install Services; this ensures proper integration with your entire system. RESPONSIBILITIES OF TV Install Services CUSTOMERS. PAV Installations will not be held responsible for moving any furniture or valuables. PAV Installations will not, under any circumstances, move, alter or install electrical outlets. It is recommended to have necessary electrical work performed prior to the performance of the Install Services. TV Install Services COVER LABOR ONLY. TV Install Services do not include any parts or accessories (for example, wire, cable, speaker mounts or similar parts), except as specifically described on the product page for the applicable TV Install Services. MATERIALS AND TV Install Services. PAV Installations cannot warrant that TV Install Services involving lath and plaster walls will not result in cracks. PAV Installations will do everything in our reasonable power to eliminate the possibility of such cracks, but due to the nature of that type of service, PAV Installations cannot be responsible for any resulting damage to your walls. TERMS AND CONDITIONS RELATED TO PERSONAL COMPUTERS, GAME CONSOLES, COMPUTER NETWORK AND VIRUS REMOVAL Install Services (collectively the "PC Install Services"). THESE TERMS SHALL ONLY APPLY TO THE PC Install Services. THIRD PARTY SOFTWARE. If the PC Install Services include the installation or activation of third party software, PAV Installations shall have the right to accept the terms and conditions of the End User License Agreement or "EULA" associated with such third party software on your behalf. REMOTE PC Install Services. Certain PC Install Services, including, but not limited to, virus removal and computer support may be provided on a remote basis. In order to provide such PC Install Services on a remote basis, PAV Installations may need to temporarily access and control your personal computer. In addition, such remote PC Install Services may require PAV Installations to download and install on a temporary basis certain software. PAV Installations shall remove such software upon completion of such PC Install Services; a text file regarding the computer software used by PAV Installations shall remain on your computer for future reference (you can delete this text file). Notwithstanding the foregoing, some third party service providers do not remove such programs or files upon completion of the PC Install Services. In the event

3 that PAV Installations employs a third party service provider to assist with or provide certain of the remote PC Install Services, you may be required to agree to additional terms and conditions prior to PAV Installations's or such third party's performance of such PC Install Services. DATA BACK-UP. YOU UNDERSTAND AND AGREE THAT PRIOR TO ALLOWING PAV Installations TO PERFORM PC Install Services IT IS YOUR RESPONSIBILITY TO BACK- UP ALL DATA, SOFTWARE, INFORMATION OR FILES STORED ON YOUR COMPUTER. YOU ACKNOWLEDGE AND AGREE THAT PAV Installations SHALL BE NOT LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR DATA, SOFTWARE, INFORMATION, FILES OR SOFTWARE. PC Install Services REQUIREMENTS. In order for certain PC Install Services to be performed you will have to provide PAV Installations with the "administrator" password for your personal computer. If you do not have that password when PAV Installations is ready to provide the PC Install Services, PAV Installations may charge you an additional charge to recover such password. PAV Installations will not install or re-install software as part of the PC Install Services unless you provide PAV Installations with the original key code provided by the software manufacturer. In addition, PAV Installations will not install or re-install software as part of the PC Install Services to the extent that PAV Installations has determined that you do not have the legal right to down-load and/or use such software. Notwithstanding PAV Installations's right not to perform such installation or re-installation Install Services in the event that PAV Installations believes that you don't have the required legal rights to down-load or use such software, PAV Installations shall have no obligation to verify your legal rights to down-load or use any software. ADDITIONAL PC Install Services. To the extent that the on-site PC Install Services purchased include software installation, other software Install Services, memory installation, sound./video card installation and/or network card installation, PAV Installations agrees that it will make available additional PC Install Services at the same time to the extent that (a) PAV Installations's Install Services technician has the time available to perform such additional PC Install Services; and (b) you have paid for such additional PC Install Services. PC REQUIREMENTS FOR WIRELESS NETWORK Install Services. In order for PAV Installations to provide PC Install Services related to the installation and activation of a home computer wireless network, you will need: (a) to have personal computers that each have at least 10MB of available disk space and 32MB of RAM; (a) to make all applicable personal computer and Internet Service Provider passwords available to PAV Installations; (c) to have all personal computers operating on the Window 98 SE or newer operating system; (d) to make all applicable operating system software disks and key codes provided by the software manufacturer available to PAV Installations; and (e) personal computers and peripherals that are in good working order and free form viruses, spyware and malware. CONNECTION TO THE INTERNET. Prior to providing the PC Install Services it will be your responsibility to install and establish an internet connection to your residence and/or personal computer. PC Install Services LIMITED WARRANTY. PAV Installations shall provide you with a limited thirty (30) day warranty on all labor included with the PC Install Services; however, for PC

4 Install Services related to virus removal this warranty is valid only if anti-virus software protection for your personal computer is installed or updated as part of the PC Install Services. If you notify PAV Installations within such warranty period with a problem or issue related to the PC Install Services, PAV Installations shall work with you to promptly resolve any such problem or issue. This limited warranty does not include any warranty on the products installed by PAV Installations or any related parts or equipment. If PAV Installations is unable to correct any such problem or issue within a reasonable time, PAV Installations shall, as its sole remaining warranty obligation, and as your sole remaining warranty remedy, refund to you the price you paid for the PC Install Services. LIMITED WARRANTY FOR PC Install Services PROVIDED BY PAV Installations: For those PC Install Services provided by PAV Installations, this warranty paragraph shall apply. If you believe that PAV Installations was unable to solve your problem or do the work that was promised, you may contact PAV Installations for a refund of any fees that you have already paid for such deficient PC Install Services. PAV Installations will refund such fees up to a maximum amount equal to Two Hundred U.S. Dollars (U.S. $200.00) per such instance, provided PAV Installations receives your request within forty-eight (48) hours after the completion of the deficient PC Install Services. PAV Installations reserves the right to request additional information from you, or reject the request for a refund, if PAV Installations reasonably believes that a refund request is abusive. For PAV Installations PC Install Services related to virus removal this warranty is valid only if anti-virus software protection for your personal computer is installed or updated as part of the PC Install Services. The manufacturer of the products installed by PAV Installations, or the retailer from which you purchased such products, is solely responsible for all warranties, if any, related to such products. This warranty for the PC Install Services shall not apply in if your inability to use the products, or your less than satisfactory use of the products, is due to: (a) failure of the product; (b) power problems, environmental problems or any cause other than the PC Install Services; (b) modification of the product or the provision of installation Install Services by any party other than PAV Installations; or (c) your misuse, errors or negligence in operating the product. PAV Installations shall not be obligated to cure any defects in PC Install Services unless you notify PAV Installations of the existence and nature of such defect promptly upon discovery. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAV Installations DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. A paper copy of this warranty is available on request. GENERAL TERMS OF Install Services. THESE TERMS SHALL APPLY TO ALL Install Services. SCOPE OF Install Services. Please reference desired product page for the applicable Install Services details. Install Services RETURNS CANNOT BE ACCEPTED AFTER Install Services ARE COMPLETED.

5 PAYMENT FOR Install Services. Payment for the Install Services (and related products) is due prior to the performance of such Install Services. You hereby agree and accept that PAV Installations is authorized to use your credit and/or debit card for the purpose of charging you for all fees and applicable taxes associated with your purchase of the Install Services. ADDITIONAL CHARGES. Installation technicians will provide an estimate to you prior to performing work that requires an additional charge. Additional charges, fees and expenses may apply if you request work that is outside of your purchased Service type. You may purchase such additional Install Services: C.O.D. payable by credit card. Install Services AUTHORIZATION. Someone at least 18 years of age must be present at all times on the day that the Install Services are performed to approve all work completed. CONDITIONS EFFECTING PAV Installations Install Services. PAV Installations shall not be liable for any failure or delay in performance due to any cause beyond its reasonable control. If PAV Installations's ability to render Install Services is impaired by your failure to cooperate or circumstances beyond the reasonable control of PAV Installations, PAV Installations may choose not to provide the Install Services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any de-installation Install Services provided, PAV Installations shall not be responsible for repairing any damage or changes made to your residence. CONTACT PAV Installations. PAV Installations can be reached by at by phone at (804) or by mail at 1400 Chamberlayne ave Richmond, Va NOTICE. PAV Installations may deliver notice to you by means of , a general notice on the site, or by other reliable method to the physical address you have provided to PAV Installations. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PAV Installations BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATED TO, THE Install Services OR THE USE OF OR INABILITY TO USE THE PRODUCTS. Further, by purchasing and allowing the performance of TV Install Services by PAV Installations you agree to release and hold harmless PAV Installations against any loss, liability or damage that you or the owner or lessee may suffer, included but not limited to any changes or alterations to your residence (for example, changes to walls, baseboards, floors). IN NO EVENT SHALL PAV Installations'S TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT THAT YOU PAID PAV Installations FOR THE Install Services. SOME STATES DO NOT ALLOW LIMITATIONS OR RELEASE OF CERTAIN DAMAGES OR LIABILITY, SO THE ABOVE LIMITATION OF LIABILITY AND RELEASE MAY NOT APPLY TO YOU. MISCELLANEOUS. This Agreement constitutes the sole and entire agreement between PAV Installations and you as it relates to the Install Services. These terms, and your purchase of Install Services, shall be governed in all respects by the laws of the state of Connecticut, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts

6 for the International Sale of Goods. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE Install Services SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN HARTFORD, CONNECTICUT. Both parties to these terms hereby waive any right to trial by jury they may have related to any dispute, claim or cause of action that may arise from or is a result of these terms or the Install Services. Any cause of action or claim you may have with respect to these terms or the Install Services must be commenced within two (2) years after the claim or cause of action arises. PAV Installations's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms. PAV Installations may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.