1.) Limited Warranty - One (1) year on parts and ninety (90) days on labor
(A) Dantech, Inc. hereby warrants that all the material installed is agreed to be as specified and is in accordance with the manufacturer's specifications. In the event that any part shall become defective within one (1) year from the date of the original final invoice for this installation, Dantech, Inc. shall provide the following warranty service: (1) for the first ninety (90) days of this warranty, Dantech, Inc. shall repair or replace any defective part without charge to the client; (2) after the first ninety (90) days of this warranty, Dantech, Inc. shall provide a replacement for any defective part without charge, however the client shall be responsible for all service labor costs at Dantech, Inc.'s then prevailing labor rate. Dantech, Inc. reserves the option to either replace or repair the part, and reserves the right to substitute materials of equal quality at time of replacement.
(B) If the client shall discover a defect in the products purchased under this agreement, the client should immediately contact Dantech, Inc.'s service department in writing or by telephone, at the address and telephone number set forth on the front of this agreement, and fully describe the nature of the defect so that repair service may be rendered.
(C) Except as set forth in paragraph (A) above, Dantech, Inc. makes no express warranties as to any matter whatsoever, including without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose.
(D) This warranty does not cover any damage to material or equipment caused by accident, fire, intrusion, misuse, act of God, attempted unauthorized repair, and modification or improper installation by anyone other than Dantech, Inc. This warranty also does not cover problems caused by cable installed or damaged by other contractors or persons. Problems or damages incurred by other contractors or persons will be charged to the client at the current hourly rate.
(E) Dantech, Inc. shall not be liable for consequential damages. Client acknowledges that any affirmation of fact or promise made by Dantech, Inc. shall not be deemed to create an express warranty. Dantech, Inc. does not make any representation or warranty including any implied warranty or merchant ability or fitness.
2.) Authorization to Install/Delay in Installation - The client authorizes and empowers Dantech, Inc. or it's assigned to enter upon the premise of the client to install the system or cause the system to be installed. Client warrants that he/she has full authority from the owner and/or other person in control of the premises to permit the installation of the system under all conditions set forth herein. Client understands that Dantech, Inc. reserves the right to substitute equipment and materials in order to keep the job on-time in the event of model changes or backorders from the manufacturers. These changes shall be permitted as long as there is no change in the performance or cost of the products. Dantech, Inc. assumes no liability for delay in the installation of the system due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, acts of God, or any other cause beyond the control of Dantech, Inc. Should we be delayed during this project due to construction, weather on an outside job or other delays beyond our control, the amount of the delay shall be invoiced to the client.
3.) The Client's Plans and Specifications, Modifications, Electrical Provisions, and Blue Prints - If the system is to be installed according to plans and specifications for installation provided by the client, the client hereby agrees to pay for any and all costs incurred for any additions, changes, or corrections necessitated by inaccuracies, errors, discrepancies, or changes in said plans and specifications. The client has approved the location of all devices. Any change of location by the client after installation has commenced will be at the client's expense. The client also acknowledges that he/she will provide, install, and maintain all conduit and line voltage (unless otherwise specified) necessary for the installation, maintenance and operation of the system. Other minor parts, accessories, cables, connectors, etc., which were not part of the original agreement may be required as the job progresses. These items will be invoiced when installed. Any changes to the agreement made at the client's request will be invoiced at the time of request and require payment at the time of said changes.
4.) Third Party Indemnification - In the event that any person not a party to this agreement shall make any claim or file any lawsuit against Dantech, Inc. relating to or arising from the decision or installation of the system, the client agrees to indemnify. The client agrees to defend and hold Dantech, Inc. harmless from any and all claims and lawsuits, including the payment of all damages, expenses, costs, and attorney's fees, whether these claims be based upon active or passive negligence, warranty, contribution, indemnification, or strict or product liability on the part of Dantech, Inc., its agents, servants, or employees.
5.) Assignees/Subcontractors - Dantech, Inc. shall have the right to assign this agreement to any other person, firm, or corporation without notice to the client, and shall have further right to subcontract any service which Dantech, Inc. may perform. The client acknowledges that this agreement, and particularly those paragraphs relating to Dantech, Inc.'s maximum liability, liquidated damages and third-party indemnification, inure to the benefit of and are applicable to any assignees and/or subcontractors with the same force and effect as they bind the client to Dantech, Inc.
6.) Security Interest; Right of Access; Risk of Loss; Damage to System - Dantech, Inc. shall have a security interest in the system until it is fully paid for and the client agrees to perform all acts which may be necessary to assure the client's security interest in the system. We are under no obligation to proceed to the next step of your project unless all amounts owing for work or equipment to that time have been paid in full. Should the client default in any payment for the system or any part, the client authorizes and empowers Dantech, Inc. to remove the system or any part from the premises, to disconnect the system, and to enforce any and all of Dantech, Inc.'s rights as a secured party. Such removal and/or disconnection, if made by Dantech, Inc., shall not be deemed to be a waiver of Dantech, Inc.'s right to damages Dantech, Inc. sustains as a result of the client's default, and Dantech, Inc. shall have the right to enforce any other legal remedy of right. Furthermore, Dantech, Inc. shall in no way be obligated to restore the premises to its original condition, or to redecorate same in the event the system or any part is removed as a result of the client's default in payment. The client shall bear the entire risk of loss thereof. Repairs of reinstallation necessary due to damage to the system caused by persons or entities other than Dantech, Inc. shall be at the client's expense.
7.) Collection Charges; Attorney's Fees; Governing Law - In the event it shall become necessary for Dantech, Inc. to institute collection and/or legal proceedings to collect past due fees or to enforce any of the client's obligations under this agreement, the client shall pay to Dantech, Inc. the amount of all collection charges, interest accrued, and/or attorney's fees and costs. The laws of the State of Maryland shall govern this agreement.
8.) Exclusions - Dantech, Inc. is not responsible for patch and paint work as a result of the removal of drywall or other materials to allow for the installation of said materials. Client shall be responsible for all permit, inspection, and registration fees. Client shall be required to supply AC power for the connection of all equipment and client shall note Dantech, Inc. will not connect electronic equipment without the appropriate surge protection. All wall plates, jacks, volume controls, and related materials shall be white unless otherwise specified. Dantech, Inc. shall not responsible for the installation of AC receptacles or switches. Dantech, Inc. shall not be responsible for finishing work, carpentry, plastering, dry walling, and painting. Furthermore, furniture, cabinetry, casework, demolition, electrical, lift and tool rental, and other related construction work are excluded from this agreement unless otherwise specified.
9.) Payment Terms - Payment terms shall be as proposed in the attached agreement.
10.) Entire Agreement - This instrument contains the entire agreement between the parties hereto with respect to the transactions described herein and supersedes all previous negotiations, commitments, and other writings. In the event any of the terms or provisions of this agreement shall be invalid or inoperative, all of the remaining terms and conditions shall remain in full force and effect. All pricing is firm for a period of thirty (30) days.
Do not sign this agreement before you have read it or if it contains any blank spaces. The limited liability, liquidated damages, and all other terms and conditions of this agreement appear above. The client hereby acknowledges that he/she has read and understands this entire agreement, including all terms and conditions as stated above.
This agreement is subject to acceptance within 30 days.