Audio Advice Service Installation Terms of Agreement

This agreement is between the Customer and Audio Advice LLC, hereafter referred to as Company.

1. Technology: Audio Advice systems include some of the latest available technology. Similar to personal computers, software based systems such as hard drive music servers, cable boxes, satellite systems, control systems, or other computers may from time to time require a reset and/or reboot. This is inherent to the technology, and does not denote the product or system is defective, merely that the item must be reset from time to time to resume full operation.

2. Networking: Wireless system performance such as networks and remote controls are occasionally subject to interference which may change over time. It is understood that Audio Advice is not responsible for performance fluctuations resulting from network interference. Because of the unique nature of every computer network, computer and networking services are billed at an hourly rate with manufacturer warranty only and are not covered by the audio/video warranty.

3. Owner-supplied equipment and cable and satellite boxes: Audio Advice is not responsible for client-supplied equipment or equipment and/or wiring done by others, including the control or operation. CATV and DSS/satellite boxes and source wiring are provided by the cable and satellite companies and thus Audio Advice cannot be responsible for location, termination, and/or distribution of the same. Although Audio Advice will use our professional expertise to maximize the conditions that exist, we cannot guarantee the quality of cable signal, AM-FM reception, or satellite reception.

4. Construction and repair work: Unless otherwise specified, installation does not include trench digging, routing and installation of conduit, framing, drywall repair, patching, painting, electrical work including wiring, carpet work, cabinet construction, or cabinet modification.

5. Payments: Payments are due upon receipt of invoice or at the time stated in the contract. If Customer is paying by credit card, Customer authorizes Audio Advice to charge the credit card for the authorized amount of this agreement per the agreement terms. If customer pays by check or wire, Customer acknowledges that the Customer account must be in fully paid compliance and good standing for the final system activation, follow-up service, and support. If Customer finds issues after final system activation, the Audio Advice service team will gladly fix those issues but only if the Customer has completed all payments. Accounts more than 10 days past due will accrue interest on the amount due at 1.5% per month (up to 18% per annum).

6. In-store service: Any items left at the store for service should be picked up within 30 days of notification by Audio Advice. Items left after 30 days are presumed to be abandoned by the owner and will be disposed of.

7. Transmission of emergency signals and limitation of liability: For monitoring customers, Customer acknowledges that the signals from the system are transmitted over Subscriber’s regular telephone service or mobile transmission to the Monitoring Center. In the event Subscriber’s phone service is out of order, disconnected, placed on vacation, an extension phone is left off the hook, or the line is in use or otherwise interrupted, signals from the system will not be received at the Monitoring Center, and such interruptions may not be known to the Monitoring Center. Company, Monitoring Center, their representatives, agents or contractors assume no liability for interruption of monitoring service due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption, or unavailability of telephone service, acts of God, or for any other cause beyond their control, and Company, Monitoring Center, or their representatives or agents shall not be required to supply monitoring services to Subscriber while any such cause may continue. This agreement may be suspended at Company’s or Monitoring Center’s option should the system, Subscriber’s premises, or the Monitoring Center’s facilities become so substantially damaged that further service is not practical. Subscriber agrees that Company, Monitoring Center, their representatives, agents or contractors shall not be liable nor responsible for the failure of the equipment nor for the promptness, sufficiency or adequacy of the actions of any response personnel which the Monitoring Center may notify as part of its responsibilities. Customer acknowledges that by entering into this agreement that Audio Advice LLC, Monitoring Center, their representatives, agents and contractors are performing a service in the public interest for the Customer. Company, Monitoring Center, their representatives, agents and contractors shall not assume any liability or responsibility for any damage or injury caused by any failure of the equipment or any failure in the performance of any services hereunder including but not limited to electrical outages and/or failure of telephone service at Subscriber’s location, or at the Monitoring Center, or system installation. In North Carolina Audio Advice offers security services under license 2550-CSA. The contact information for the NC Alarm Systems Licensing Board is 4901 Glenwood Avenue, Suite 220, Raleigh, NC 919-788-5320. Customer understands and agrees that Audio Advice LLC maximum liability under this agreement shall be limited to the sum of Two Hundred and Fifty Dollars and this liability shall be exclusive.

8. Change Orders: Customer acknowledges that the products in this agreement are special ordered with non-refundable deposits and are not cancellable once ordered. For installation jobs, Customer and Audio Advice acknowledge that the design and construction environment is dynamic and changes on the job site or changes in the Customer’s requirements may necessitate changes in the amount of labor and the type of materials furnished by Audio Advice required to satisfy the Customer requirements. When change orders increase the value of the contract, Customer acknowledges that the full amount of increase is due at Customer acceptance of the change order. Should you want to change an order, talk to your Audio Advice sales representative who will work with you to facilitate any desired changes.

9. 90-Day Audio Advice Installation Warranty: Audio Advice warranties its installation and programming work for a period of 90 days to commence upon substantial completion of installation. While surge protection is often used in installations, it is not fail proof against all lighting or other Acts of God. Lightning damage or other Acts of God are not covered under manufacturer warranties and should be covered by the homeowner’s insurance policy. Warranty on all equipment is the manufacturer’s warranty, and no other warranty is consented or implied. The warranty does not include variable usage parts such as projector lamps.

10. Installation Contracts: Unless otherwise directed by the customer, if this contract includes installation, it is a construction contract which is an agreement between the parties to alter, improve, repair, replace, or erect real property. It is expressly agreed that title to and ownership of the fixtures included in this construction contract pass to the Customer as fixtures to real estate. This construction contract will include a Surcharge (S/C) to cover the non-itemized expenses incurred in the fulfillment of this contact. All material and services provided in this construction contract are designed to be integrated systems that are intended to operate in conjunction with their corresponding components. These corresponding components are inseparable from this contract, they may or may not be listed in detail but will include all of the corresponding electrical, video, audio, lighting, shades, as well as any other components required to make the system complete. If this contract does not include installation or if it is a contract with a valid tax-exempt organization or in a state or situation where the product is considered a sale of tangible personal property and not a construction contract, then such sales will have the sales tax (S/T) charged on the invoice.

11. Product responsibility: Client is responsible for the protection of all product(s) delivered to the worksite from damage or theft. This includes items that are delivered, partially installed or installed.

12. Adjustments Due to Tariffs: Prices are accurate as of contract/proposal date and will be locked in for products purchased, paid for, and ordered under contract. For all other items not paid for and ordered in advance, the Company may increase the price of the product to account for tariffs, duties, or levies applied to said products.