AV Upgrades, Driven by Hudnell Networks

336-893-9532

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Design, Installation and Service Terms, Conditions & Warrant

 

AV UPGRADES


MASTER TERMS AND CONDITIONS


ARTICLE 1 – DEFINITIONS

For purposes of this Agreement:

Company means AV Upgrades, its owners, employees, subcontractors, representatives, successors, and assigns.

Customer means the purchaser of goods or services.

Project means the equipment, labor, programming, installation, design, service, or consultation described in the proposal.

Equipment includes all electronics, wiring, software, hardware, accessories, and related materials.


ARTICLE 2 – ENTIRE AGREEMENT

These Terms and Conditions are incorporated into every proposal, quotation, estimate, invoice, work order, service ticket, maintenance agreement, and contract issued by AV Upgrades.

Acceptance of any proposal, payment of a deposit, electronic approval, signature, or authorization to begin work constitutes acceptance of these Terms.


ARTICLE 3 – SCOPE OF WORK

The Company shall provide only the work specifically described in the approved proposal.

The following are not included unless specifically stated:

  • Electrical work
  • Structural modifications
  • Drywall repair
  • Painting
  • Carpentry
  • Landscaping
  • Roofing
  • HVAC work
  • Masonry
  • Pest removal
  • Mold remediation
  • Water damage repair

Additional work requested by the Customer constitutes a Change Order.


ARTICLE 4 – CHANGE ORDERS

Any modification requested after approval of the proposal may require:

  • Additional labor
  • Additional materials
  • Revised completion dates
  • Additional programming
  • Additional travel

No additional work shall begin until approved by the Customer.


ARTICLE 5 – SITE CONDITIONS

The Customer represents that the work area is safe and suitable.

The Company shall not be responsible for concealed conditions including:

  • Hidden wiring
  • Plumbing
  • Structural framing
  • Asbestos
  • Mold
  • Lead paint
  • Termite damage
  • Fire damage
  • Water intrusion
  • Unknown code violations

Discovery of concealed conditions may require additional charges.


ARTICLE 6 – CUSTOMER-FURNISHED EQUIPMENT

Equipment supplied by the Customer is installed without warranty.

The Company makes no guarantee regarding:

  • Compatibility
  • Reliability
  • Software functionality
  • Firmware compatibility
  • Manufacturer support
  • Performance

Troubleshooting customer-supplied equipment is billable.


ARTICLE 7 – PRODUCT SUBSTITUTIONS

The Company reserves the right to substitute equivalent or superior products when necessary due to manufacturer shortages, discontinued products, or supply chain issues.


ARTICLE 8 – PROJECT DELAYS

The Company shall not be responsible for delays caused by:

  • Other contractors
  • Utility companies
  • Internet providers
  • Weather
  • Manufacturer delays
  • Shipping delays
  • Government inspections
  • Permit delays
  • Customer schedule changes


ARTICLE 9 – CUSTOMER ACCESS

The Customer shall provide:

  • Safe access
  • Working utilities
  • Internet service (if required)
  • Adequate lighting
  • Climate-controlled work areas

Repeated inability to access the project may result in remobilization charges.


ARTICLE 10 – PAYMENT TERMS

Payment is due as specified in the proposal.

Late payments may accrue interest at the maximum rate permitted by North Carolina law.

The Customer shall be responsible for reasonable collection costs, attorney fees where recoverable by law, and court costs incurred in collecting unpaid balances.

The Company reserves the right to suspend work for non-payment.


ARTICLE 11 – INSTALLATION WARRANTY

The Company warrants its workmanship for one (1) year from the date of substantial completion.

This warranty applies only to the original purchaser and original installation location.

The warranty becomes void if:

  • Equipment is altered
  • Another contractor services the system
  • Customer modifications are made
  • Physical damage occurs
  • Water damage occurs
  • Lightning damage occurs
  • Surge damage occurs
  • Rodent or insect damage occurs
  • Neglect or abuse occurs


ARTICLE 12 – MANUFACTURER WARRANTIES

Equipment warranties are provided solely by the equipment manufacturer.

AV Upgrades will assist in warranty coordination when practical but makes no independent warranty beyond installation workmanship.


ARTICLE 13 – CUSTOMER RESPONSIBILITY FOR INSPECTION AND MAINTENANCE

The Customer acknowledges that electronic systems require ongoing inspection and maintenance.

The Customer agrees to:

  • Test all life-safety devices regularly.
  • Replace batteries as recommended.
  • Maintain surge protection.
  • Keep equipment clean.
  • Protect equipment from moisture.
  • Protect equipment from excessive heat.
  • Notify the Company promptly of abnormalities.
  • Maintain internet service where required.
  • Maintain networking equipment.

Failure to perform these responsibilities may result in equipment failure.

The Company shall not be responsible for failures caused by lack of maintenance.


ARTICLE 14 – LIFE SAFETY DISCLAIMER

Smoke detectors, carbon monoxide detectors, security systems, surveillance cameras, panic devices, leak detectors, and monitoring equipment reduce risk but cannot eliminate the possibility of injury, death, fire, burglary, flooding, or property loss.

No electronic system is guaranteed to detect or prevent every emergency.

The Customer accepts responsibility for regularly testing all life-safety equipment in accordance with manufacturer recommendations and applicable fire codes.


ARTICLE 15 – CYBERSECURITY

The Company is not responsible for:

  • Password theft
  • Hacking
  • Malware
  • Ransomware
  • Network breaches
  • Cloud service compromises
  • Manufacturer server outages

The Customer is responsible for maintaining secure passwords and network security.


ARTICLE 16 – INTERNET DEPENDENCY

Many installed systems require internet connectivity.

The Company is not responsible for service interruptions resulting from:

  • Internet outages
  • ISP changes
  • Cellular outages
  • Cloud server outages
  • DNS failures
  • Third-party software changes


ARTICLE 17 – POWER QUALITY

Electronic equipment requires stable electrical power.

The Company shall not be responsible for failures caused by:

  • Lightning
  • Brownouts
  • Power surges
  • Improper grounding
  • Utility failures
  • Electrical contractor errors

Surge protection is strongly recommended.


ARTICLE 18 – SOFTWARE AND FIRMWARE

Manufacturers routinely release software updates.

Future updates may affect:

  • Compatibility
  • User interfaces
  • Features
  • Integrations
  • Performance

The Company is not responsible for changes introduced by manufacturers after project completion.


ARTICLE 19 – THIRD-PARTY INTEGRATIONS

The Company makes no guarantee regarding future compatibility between third-party devices or cloud services.

Manufacturers may discontinue products or modify APIs without notice.


ARTICLE 20 – SERVICE CALLS

Warranty service is performed during normal business hours.

Service calls resulting from:

  • Customer misuse
  • Network changes
  • ISP changes
  • Password changes
  • Third-party modifications
  • Electrical problems
  • Equipment moved by others

are billable.


ARTICLE 21 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company's total liability for any claim arising out of the Project shall not exceed the amount paid by the Customer for the specific portion of work giving rise to the claim.

Under no circumstances shall the Company be liable for:

  • Lost profits
  • Business interruption
  • Loss of use
  • Data loss
  • Consequential damages
  • Special damages
  • Incidental damages
  • Punitive damages
  • Emotional distress
  • Loss of business opportunity

Nothing in this Agreement limits liability where such limitation is prohibited by applicable law.


ARTICLE 22 – INDEMNIFICATION

The Customer agrees to defend, indemnify, and hold harmless AV Upgrades, its owners, employees, agents, and subcontractors from claims arising out of:

  • Customer negligence
  • Improper operation
  • Unauthorized modifications
  • Failure to inspect
  • Failure to maintain
  • Customer misuse

except to the extent caused by the Company's own negligence or where prohibited by law.


ARTICLE 23 – PHOTOGRAPHY

The Company may photograph installed work for documentation, warranty, training, and marketing purposes.

No personal photographs or identifying information will be published without Customer consent.


ARTICLE 24 – ABANDONMENT

Projects delayed by the Customer for more than ninety (90) consecutive days may be considered suspended. Pricing, product availability, labor scheduling, and completion dates may be adjusted accordingly.


ARTICLE 25 – DISPUTE RESOLUTION

The parties agree to first attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved informally, the parties agree to participate in mediation before filing litigation, except where immediate court action is necessary to preserve legal rights.


ARTICLE 26 – GOVERNING LAW

This Agreement shall be governed by the laws of the State of North Carolina.

Venue for any legal proceeding shall lie in the appropriate state or federal court located in North Carolina, unless otherwise required by law.


ARTICLE 27 – FORCE MAJEURE

The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, severe weather, pandemics, labor shortages, supply chain disruptions, utility failures, governmental actions, or manufacturer delays.


ARTICLE 28 – SEVERABILITY

If any provision of this Agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.


ARTICLE 29 – CUSTOMER ACKNOWLEDGMENT

By signing a proposal, approving work electronically, authorizing installation, or making payment, the Customer acknowledges that they have read, understood, and agree to these Master Terms and Conditions.


ARTICLE 30 – PROFESSIONAL MAINTENANCE RECOMMENDATION

To maximize reliability and safety, AV Upgrades recommends that all installed systems be professionally inspected and serviced at least annually. Regular maintenance may include software updates, battery replacement, network evaluation, equipment testing, cleaning, and verification of system operation. Declining recommended maintenance does not create liability on the part of the Company for failures that could have been identified or mitigated through routine service.

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AV Upgrades

329 North Main Street, Kernersville, North Carolina 27284, United States

336-893-9532

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