1.The following terms and conditions, including those on the front side of this document, shall constitute the entire agreement (“Agreement”) pertaining to the job described on the front of this document (the “Job”). Any acceptance contained herein is expressly conditional upon customer’s (“Customer”) assent to the terms printed on the front side of this document and printed herein which are different from, in addition to or at variance with the terms contained in Customer’s purchase order or request for quotations. Such assent shall be deemed to occur upon the failure of customer to object in writing specifically to such term or terms within fourteen (14) days from the receipt hereof. Any terms and conditions contained in Customer’s purchase order or request for quotation which are different from, in addition to or at variance with Audio Visual Solutions , terms and conditions shall not be binding upon Audio Visual Solutions, and Audio Visual Solutions hereby objects thereto.
2.This writing is intended by the parties as a final expression of their Agreement and as a complete and exclusive statement of the terms thereof. It is the intent of the parties to nullify the effect of any prior dealings in the construction and interpretation of this Agreement, and no course of such prior dealings shall be read into this Agreement for any purpose whatsoever.
3.Audio Visual Solutions shall complete the Job for the amount set out on the front side of this document. This quotation is based, in part, on an estimated quantity of materials as described on the face hereof. Should the total quantity estimate be notably less than actual quantity, Audio Visual Solutions reserves the right to increase the bid consistent with company practices and pricing. Should the quantity exceed this estimate, Audio Visual Solutions reserves the right to increase its invoiced amount as appropriate. Charges for additional supplies or services not addressed in the bid will be invoiced to Customer in addition to the above quotation.
4.All payments due Audio Visual Solutions shall be paid by the Customer upon the terms set forth on the face hereof. In the case of a Job made up of long-term or multiple visits by Audio Visual Solutions, Audio Visual Solutions may stop any such Job if any and all amounts due have not been paid within the time required. A service charge of 5% per month will be charged on balances that remain unpaid after such 30-day period. Customer shall also pay Audio Visual Solutions any and all costs incurred by Audio Visual Solutions in collecting payments past due from Customer, including attorneys’ fees, court costs and related legal expenses.
5.Customer shall make all appropriate inspections of the Job immediately after completion and shall give Audio Visual Solutions notice in writing of any dissatisfaction with the Job within three (3) business days of its completion. Failure to give such notice of dissatisfaction within such 3-day period shall be deemed Customer’s determination that the Job is acceptable. Upon receipt of timely notice of Customer dissatisfaction, Audio Visual Solutions shall make such determinations as are necessary regarding the quality and manner of the Job done, and shall refund or release Customer from amounts owed for any unsatisfactory Job or, at Audio Visual Solutions discretion, complete the Job in a satisfactory manner. Customer acknowledges that the foregoing represents its sole remedy resulting from a breach of this Agreement or otherwise related to the Job by Audio Visual Solutions.
6.Audio Visual Solutions warrants that the Job shall be done in a workmanlike manner. THE FOREGOING IS THE SOLE WARRANTY GIVEN BY AUDIO VISUAL SOLUTIONS. PERTAINING TO THE JOB AND THE PARTIES EXPRESSLY AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE JOB. AUDIO VISUAL SOLUTIONS SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF THE FOREGOING, ARISING FROM THE NEGLIGENCE OF AUDIO VISUAL SOLUTIONS OF OTHERWISE RELATED TO AUDIO VISUAL SOLUTIONS PERFORMANCE OF THE JOB. Customer hereby releases Audio Visual Solutions from any and all liability, costs, claims or damages arising from or related to the Job. Audio Visual Solutions’ employees may have made oral statements about the Job to be performed. Such statements do not constitute warranties, shall not be relied upon by Customer and are not part of the Agreement.
7.This Contract shall be interpreted pursuant to the Laws of the State of Indiana, and, to the extent this Contract is inconsistent with the terms and conditions of Audio Video Solutions’ invoice or other materials or agreements between the parties, the terms hereof shall supersede others.
8.Customer agrees that any action for breach hereunder shall be commenced within one year from the date of completion of the Job.
9.Prior to the completion of the Job, Customer shall have the right to make changes in its order provided that Audio Visual Solutions receives written notice of the desired changes and agrees to the changes and provided further that Customer accepts any additional charge therefor as determined by Audio Visual Solutions. Changes which interfere with or alter Audio Visual Solutions completion schedule, as determined by Audio Visual Solutions, will not be acceptable unless the time for performance is extended for such period as is deemed necessary by Audio Visual Solutions. Failure of Audio Visual Solutions to accept Customer’s request to change its order shall not be cause for Customer’s cancellation of its order except upon payment of a cancellation charge to be determined by Audio Visual Solutions.
10.Customer is hereby notified that if full payment is not received for the Job, Audio Visual Solutions will have the right to claim a lien upon Customer’s real estate and improvements for the value of the Job and to file suit against Customer to foreclose such lien and have the property sold to satisfy such indebtedness.
CHARGE-BACK FEES: Customer understands and agrees that all products and services purchased, produced and shipped are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product or service from Audio Visual Solutions, Customer shall be solely responsible for and shall bear (and/or reimburse) Audio Visual Solutions for any charge-backs or fees issued to Audio Visual Solutions from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer outside of the expressly provided methods of return. Stated another way, should Customer request a refund or charge cancellation from any credit card company, merchant bank or other source of payment processing against the purchase of Audio Visual Solutions products and services, and should said card company, merchant bank or other source thereafter impose any fee or direct any charge back fee or amount to Audio Visual Solutions at the request of said Customer, Customer shall reimburse Audio Visual Solutions for the amount of said charge back fee and the initial purchase amount (the "total amount"). By purchasing any product from Audio Visual Solutions, Customer expressly authorizes Audio Visual Solutions to direct the stipulated payment/charge to be made to Customer's credit card account (the same being the credit card account used in the initial purchase of said product) in the amount of said "total amount" to Audio Visual Solutions for such reimbursement, plus a thirty-five percent (35%) administrative fee to cover the costs and time involved with this process. Plus any attorneys’ fees, court costs and related legal expenses. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to Audio Visual Solutions for fees incurred, is fair and reasonable and is not a penalty clause or provision.