| AGREED TERMS AND CONDITIONS Security & Entertainment Solutions, LLC (“SES”), has reviewed in detail with (“the Client”) the scope of work to be performed. SES will provide the equipment, equipment installation, and programming per the attached Estimate. SES strives to include all products, labor and programming in calculating the initial Estimate. From time to time, however, additions must be invoiced to complete the Client’s system. Labor and product not mentioned in the initial Estimate or unanticipated at the time the initial Estimate is presented to Client is subject to additional charges. Installation does not include parts or accessories (i.e. wire, cables, speaker mounts, or similar parts) except where specifically listed in the initial Estimate. Unless otherwise specified, installation does not include trench digging, routing and installation of conduit, framing, drywall repair, patching, painting, and electrical work (including wiring), carpet work, cabinet construction, or cabinet modification. SES will utilize its professional expertise to maximize existing conditions. SES does not and cannot guarantee the quality of cable signal, internet transmission speed, AM-FM reception, other wireless signal strength or reception, or satellite signal reception. Should SES be delayed by any of the following – owner delay, general contractor delay, subcontractor delay, fire, acts of God or other causes beyond SES control – which disrupts a scheduled installation trip, SES will invoice the client for actual lost time, travel expenses, and equipment storage fees. SES shall not be responsible for any failure or delay in performance due to any cause beyond its control. If SES’s ability to render services is impaired by your failure to cooperate or circumstances beyond SES’s control, SES may choose not to provide services. Services may also be denied by SES if dangerous or unhealthy conditions exist that present risk to you or SES’s employees or contractors. WARRANTY SES warrants its workmanship on all installation and programming for a period of thirty (30) days, said period to commence upon the start of installation. Warranty on all equipment is the manufacturer’s warranty. No other warranty is expressed, consented or implied by SES. SES is not the manufacturer of the equipment. The Client agrees to look exclusively to the manufacturer of the equipment for repairs or replacement pursuant to the manufacturer’s warranty coverage, if any. Typically, manufacturer’s warranties only cover parts and labor for the repair of equipment. Removal and reinstallation by SES of a manufacturer’s equipment is subject to appropriate labor charges. EXTENDED WARRANTY SES offers extended warranties through a third-party provider. Extended warranties cover parts and labor past the original manufacturer’s warranty period. Extended warranties can be purchased at the time of installation for individual components or complete systems. Please speak to your manufacturer’s sales representative for warranty options. ________ Accept ________ Decline Single Component Extended Warranties ________ Accept ________ Decline Complete System Coverage Extended Warranty SES systems include some of the latest technology available. Software-based equipment, such as hard drive servers, TiVo, and control systems, can from time to time require reset/reboot. This is inherent to the technology and does not denote the product/system is defective. The client must simply reset the item on occasion to resume full operation. Cable/Satellite/Telephone must be installed prior to SES system installation so SES can ensure proper integration with the system. If SES must return to connect cable/satellite/telephone, standard service call rates will be invoiced to the client. MEDIATION/ARBITRATION In any proceeding brought to enforce, interpret or challenge any terms, conditions or provisions of this document, the parties agree to initiate resolution through mediation. Either the Client or SES may commence mediation by sending a written demand for mediation to the other party. Mediation shall be conducted in Harris County, Texas. The parties further agree any dispute arising from this document that cannot be resolved through mediation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The substantive law of the State of Texas shall be applied by individual serving as arbitrator. Should it prevail in arbitration, SES shall be entitled to reimbursement of attorney’s fees, costs and expenses it has incurred in connection with the arbitration process. All decisions of the arbitrator shall be final, binding on both parties, nonappealable and conclusive as to all parties. Judgment may be entered upon any such decision in accordance with the applicable law in any court having jurisdiction thereof. If it shall become necessary for SES to employ a collection agency to collect monies pertaining to invoices, including late fees, then the Client agrees to be responsible for payment of reasonable legal and/or collection fees and expenses. If equitable resolution cannot be achieved by such collection means, SES reserves the right to take appropriate steps to protect its interests, including the right to remove the installed equipment through appropriate, legal means. In the case obsolescence, discontinuation or unavailability of proposed equipment, SES reserves the right to replace the proposed model with a comparable model. By your execution of this document, you agree that SES shall not be liable to you or any other person for any damages, including without limitation, any indirect, special or consequential damages, expense, cost, profits, lost savings or earnings, or other liability arising out of, or related to, the service provided by SES of the installation, un-installation, use of, or inability to use your products. Further, you expressly release and hold harmless SES from and against any loss, liability, or damage that you may sustain, including but not limited to any changes or alterations to your residence, i.e. changes to walls, baseboards, floors, ceilings, etc. With the execution of the contract and receipt of deposit from the Client, SES shall apply payment for the initial design, engineering, labor, time, effort and resources utilized in developing your custom system design and the documents necessary to begin your project. You acknowledge this is a non-refundable payment for the design services performed to your specific requirements. This entire amount will be applied towards the first payment of the initial Estimate Agreement. If for any reason, however, you decide not to execute this contract, this deposit and any other payments made to SES shall be retained by SES. Product may not be or installation performed until payment has been received by SES. SES appreciates the opportunity to serve you. SES’s goal is to provide state of the art entertainment systems with the personalized design and installation comparable to no one, with emphasis on after-the-sale service and long-term customer satisfaction. Progress payments will be made according to the schedule below. Equipment will not be ordered until the equipment deposit has been received. Payment of balance owing to SES is due at time of installation. Payments may not be withheld under any circumstances. 50% - Due at Acceptance: $________________________ 40% -- Due Prior to Installation $________________________ 10% -- Balance Due Upon Final Installation $________________________ 100% -- TOTAL OF SCHEDULED PAYMENTS: $________________________ |