Definition. In these Conditions: “Company” means Hi-Tech Security Cameras, Inc. “Customer” means the person, organization or company to whom the “Company” has agreed to sell the Equipment and/or supply Installation Services. “Equipment” means the equipment as set out in the Quote/Invoice. “Price” means the agreed upon price of the Electronics, Equipment and/or Services as stated in the Quote or Invoice.
Basis of Sale. Our “Company’s” main goal is to provide the “Customer” with various options of Low Voltage Electrical Systems specializing in, yet not limited to, both security and entertainment such as CCTV Security Camera Systems, Access Control Systems, Burglar Alarm Systems, Smart Home Automation Systems, Building Automation Systems, Audio / Video Sound Systems, Whole Home Audio Distribution Systems, Surround Sound, Home Theater Systems, Wi-Fi Network Access Points, Lighting & Climate Control, Video Door Phone, Intercom Systems, POS Text Overlay Integration Systems and specialized Wireless Video Applications. The “Company” shall sell and the “Customer” shall purchase the Security Equipment and/or Installation Services subject to these Conditions (so far as they are not expressly varied in Writing) which shall governed in this agreement to the exclusion of any other terms and conditions. All quotations and offers shall remain valid for a period of 30 days. Thereafter, the “Company” shall be entitled to withdraw or modify the terms of that quotation or offer.
Terms of Payment. Our “Company” requires for “ALL” Customers to pay a required 50% deposit of the entire agreed upon price, between the “Company” and the “Customer” for each of “ANY” given Project, System, Invoice, Quote or Service supplied by the “Company” before any Installation Services can be scheduled or implemented by any “Company” employees. NO EXCEPTIONS WILL BE MADE ON THIS COMPANY POLICY! The initial 50% deposit may be paid by Company Check, Personal Check, Credit Card, or Cash. Our “Company” does not accept or allow the “Customer” to pay the 50% deposit after the fact of the purchase being completed, as to avoid loss of time, labor or profits. Once the 50% deposit has been accepted and received by our “Company”, we will then schedule the Installation / Service to be implemented within 24 to 48 hours, unless indicated or agreed upon between the “Company” and the “Customer” for a more preferable installation date. Upon completion of the sale, transaction or installation of services purchased, the remaining balance of the “price” indicated on the “Customer’s” Invoice is due to the “Company” and can be paid in the same or similar fashion of Company Check, Personal Check, Credit Card, or Cash.
Custom Job/ Custom System / Special Orders. If a “Customer” places or requests an order, system or service considered a “Custom Job”, “Custom System” or “Special Order” by the “Company”, which is typically any product or system that normally would not be in the “Company’s” normal inventory / stock, then in this particular case of any “Special Order”, then a complete “PAYMENT IN FULL” would be due or required by the “Customer” before ANY “Custom Job”, “Custom System” or ”Special Order” can be implemented, installed or sold by the “Company”. It is up to the discretion of the “Company” to decide whether which transactions are considered “Special Order”, due to the fact that technology is always consistently changing.
Warranty. Our “Company” prides ourselves in our excellent (2) two year limited warranty. Any Security Equipment, Products or Services sold are covered for a period of (2) Two Years. Any defective equipment sold are covered under our warranty and will be replaced automatically with no cost to the “Customer” as long as the equipment is within (2) Two Years of the “Customers” Invoice Date. Any Equipment which needs to be replaced or serviced after (2) Two Year will incur a charge for the Equipment and a Service Call Fee for the technician that must be sent out to replace the above mentioned equipment. Any damage such as hurricane damage, weather damage, power surges or power failures/ outages, vandalism, theft or tampering of any kind to the equipment by any outside individual(s) other than our “Company” employees will deem any warranty null & void!
Limited Liability. Our “Company” does not guarantee that any Security Equipment and / or Services installed will prevent or protect against occurrences of criminal and malicious intent. Any crime or malicious act that may occur to the “Customer’s” Commercial or Personal Property is not in any way the responsibility / liability of our “Company”. Criminal Acts must be handled through traditional matters of contacting local law enforcement in order to report any such crime.
Refund Policy. All sales are final! No refunds of any kind are accepted! Only credits towards equipment or products of equal value are accepted! By signing and agreeing to this “Terms & Conditions Agreement” you are also waiving the right to any charge backs for any transactions that have been implemented for the “Customer”. Due to the very “Custom” nature of each transaction, system and installation services that are rendered for each specific customer at each specific site prevents our “Company” for being able to refund products that have either been a “Special Order”, have already been installed at the “Customer’s” site and are now considered “Used” or “Opened Box Items. Labor, most importantly is definitely NOT a refundable item in any transaction due to the immediate possible loss of time and profits to the “Company” and cannot be considered in any instance, also due to both “Custom Work” implemented and the value of each technician / installer’s time.
Internet, Voice, Network & TV Service Providers. The “Company” is completely NOT affiliated, responsible or liable in any way for “ANY” Internet, Voice, Data, Network or TV Service Provider that may have any issues or delays with their internet speed / bandwidth, ip address, network conflicts, data connectivity, modem, router, network hardware or tv satellites / receivers that may prevent the “Customer” from accessing any online programs or apps for any Low Voltage Electrical System that the “Company” may sell and / or install for the “Customer”. The “Company” does not in any way, have control, interaction or any relationship with these types of organizations. Any problems or disruption of service with these service providers is the complete responsibility of the “Customer “, not the “Company” and cannot stop or prevent in anyway, any of the financial payments owed to the “Company” from the “Customer”.
Risk and Property. Risk of damage to or loss of “ANY” Low Voltage Electrical or Security System, Electronics and or Equipment shall pass to the “Customer” at the time of the first date that the System is installed. ALL Electronics / Equipment becomes property of the “Customer”, once the “Customer” has “Paid In Full” the complete and agreed upon “Price” as indicated on the “Customers” Invoice and not before. Any and all “Electronics “/ “Equipment” is the property of the “Company”, until the “Customer” completely purchases the equipment in full from the “Company”.
Custom Projects / Unforeseen Events / Additional Labor. The Majority of “Projects” and “Systems” installed for customers tend to be “Custom” in nature and tend to be tailored to the “specific needs”, “discretion” and “personal wishes” of the “Customer” at their specific residential, commercial or industrial site. At times there are unforeseen events or variables that might occur at a site that are completely unaware to the ”Company”, causing an increased amount of cabling / wiring, drilling, misc. materials or even labor that may need to be added and applied to the “Customer’s” Invoice. Obviously the above mentioned statements will be communicated to the “Customer” as soon as an event like this occurs to give the “Customer” the option of proceeding with the Project / System or to come up with an alternate option. Sometimes at sites, there are unknown variables that are unknown until the work is commenced and the Technicians / Installers are implementing their work. For example, the depth of a Concrete Wall or Floor needed to be drilled through or unforeseen objects blocking or increasing cabling runs that can cause an increase in labor, PVC or EMT piping, drilling, cabling or other materials needed to complete the project / system at hand. For this reason, it is very important to understand especially at large or custom sites, that there may be unforeseen variables when having any “Custom Work” or System installed.
Permits and Fees. The “Company” as a State of Florida Licensed and Insured Low Voltage Electrical Contractor is responsible for both applying, opening, pulling / filing and closing of any and all state, county or city permits required or applicable to any site / project for any “Customer” of the “Company” with a signed and agreed upon “Contract Agreement” by both parties involved. The “Customer” is completely financially responsible for the payments of “ANY” and “ALL” associated permit fees, whether it is from the state, county, city or the “Company” for any related permit filing fees.
Change Orders. In the event the “Company” is required by the “Customer” to perform additional work for an installation service, system or project to which the amount of compensation is not previously agreed upon, the “Company” shall prepare and submit to the “Customer” a quotation, invoice or change order invoice describing the estimated quantities, work and cost involved. The “Company” shall keep accurate, detailed and itemized records of the costs of any such change and shall report such costs to the “Customer”. The “Company” shall furnish to the “Customer” all documents required by the “Customer”, to evidence the expenditures of the “Company” as a result of such change. The “Company” is not responsible for unknown conditions that cannot be observed in a non-destructive inspection of the premises or conditions that differ materially from those indicated or referred to in the contract documents or ordinarily encountered and generally recognized as inherent in the work of the character provided for in this “Contract”.
Pre-Construction Limited Liability. During the “Pre-Construction Process” of “ANY” Commercial or Residential Property owned by “ANY” “Customer” purchasing “ANY” Electronics, Equipment, Systems or Installation Services by the “Company” and is adamant about having a complete system installed, working and functioning during an uncompleted “Pre-Construction” Site for any “Reasons” the “Customer” may have is completely under the discretion, liability and responsibility of the “Customer” only and is NOT the legal liability or responsibility of the “Company”. The “Company” is not liable or responsible for any and all damages, vandalism, power surges, power failures, or any misuse to any Electronics, Equipment, Materials or Low Voltage Wiring or Cabling that may occur and will deem no liability or responsibility to the “Company” and will void any warranty, written or expressed by the “Company” to the “Customer” and will become a cost or expense to the “Customer” to replace any damaged equipment, materials or wiring if in the event that this may occur.
Disputes. Should any dispute arise relative to the performance of this “Contract” that both the “Company” and the “Customer” cannot satisfactorily resolve, and then both the parties agree that the dispute shall be resolved by binding arbitration conducted by the American Arbitration Association. The party demanding arbitration shall give written notice to the opposite party and the American Arbitration Association promptly after the matter in dispute arises. In no event, however, shall a written notice of demand for arbitration be given after the date on which a legal action concerning the matter in dispute would be barred by the appropriate statute of limitations.
Right to Cure. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.
Representations. This Agreement constitutes the entire agreement between the “Company” and the “Customer”, and supersedes all prior negotiations, representations, understandings and agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the “company” and the “Customer”. The “Customer” acknowledges that the “Company” has made no guarantees, warranties, understandings, nor representations (nor have any been made by any representatives of the “Company”) that are not included in this “Contract Agreement”.
Governing Law and Assignment. This “contract” will be construed, interpreted, and applied according to the law of Florida. This “contact” shall not be assigned without the written consent of both parties involved the “Company” and the “Customer”.
Florida Construction Lien Law. OWNERS ACKNOWLEDGE RECEIPT OF THE FLORIDA CONSTRUCTION LIEN LAW WARNING AS ATTACHED AS EXHIBIT D
EXHIBIT D. ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR ROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY.
Entire Understanding. If for any reason these payment terms and conditions are not completed by the “Customer”, and if a low voltage electrical system or installation service, whether it be for security or entertainment purposes has commenced or has been completed, then the “Company” is entitled to remove the electronics, equipment and or system and is allowed to seek financial restitution through a court of law for cost, labor or profits lost. This “Contract” constitutes the sole agreement between the “Company” and the “Customer” regarding “ALL” projects between both parties. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the “Customer” and “Company”. Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement shall be governed and construed in accordance with the laws of the State of Florida.