AV Terms and Conditions
Project Considerations
Millwork
All millwork shall be supplied by the Customer, unless specifically identified on the accompanying Bill of Materials. It is the responsibility of the Customer and/or its agents to fabricate the millwork pieces to conform to all dimensional, electrical, and thermal requirements.
Blocking/Supports
All in-wall blocking required to support equipment or displays shall be furnished and installed by others.
Telecom Wiring
All existing network, Ethernet, analog, and other required telecom wiring is the responsibility of the Customer. Any time lost by Digitcom Telecommunications for insufficient or improperly configured telecom services – including diagnostic and/or repeat work – will be considered outside of the scope of this proposal and is considered billable to the Customer.
Structured Wiring and Services
All voice and data communications cabling associated with this proposal is the responsibility of others unless otherwise specified in the Statement of Work. All work in this regard must be complete prior to the start of work by Digitcom Telecommunications. All voice, integration and/or data services associated with this proposal, must be active and tested per specifications and the installation and testing schedule.
Phasing and Grounding
All 120-volt AC receptacles and power must be independent ground and same phase. If Digitcom Telecommunications discovers improper phasing or grounding to be the cause of functional anomalies, Customer will remedy without penalty or cost to Digitcom Telecommunications.
Vibration, Ambient Noise and Acoustics
Excessive vibration may cause certain equipment (i.e., ceiling-mounted equipment) to malfunction. Systems, which employ open microphones, may not perform properly if excessive ambient noise or reverb is present. If any of these conditions exist, Digitcom Telecommunications will be held harmless; costs associated with remedy of these conditions will be the responsibility of the Customer.
Delivery and Acceptance
The Owner agrees to designate a representative who will have the authority to sign for delivery of equipment. Owner is responsible for the security and loss liability of all delivered equipment.
Acceptance of delivery does not imply that systems have been accepted as functional. Unless other arrangements are made, a secure, lockable space shall be furnished for storage of equipment and material.
Labour Costs
All labour costs included in this proposal are based on use of Digitcom Telecommunications staff and approved sub- contractors where applicable. All labour costs are calculated as straight-time during normal business hours. Requirement for overtime rates is considered additional to this proposal for both Digitcom Telecommunications staff and sub-contractors.
Site Installation
Digitcom Telecommunications standard process requires 4 weeks from receipt of purchase order, signed scope of work and deposit for Digitcom to arrive on site. Specific project implementation dates will be discussed during the initial project team meeting.
Schedule
If, through no fault of Digitcom Telecommunications, the agreed upon installation schedule changes, Digitcom Telecommunications will exercise its best efforts to accommodate the new schedule. Any costs associated with schedule changes are considered outside of the scope of this proposal and will be negotiated as required. This proposal assumes a continuous effort. Delays, which create additional site trips, labor, and/or materials, may incur additional charges.
Completion and Testing
The project schedule must allow sufficient time for completion of all installation and final testing of systems prior to
occupancy of the site. If sufficient time is not allowed, Digitcom Telecommunications will be held harmless for systems that do not meet requirements. In this case, all costs associated with completion of work, including overtime labour rates, will be considered outside the scope of this proposal and billable to the Customer.
Restocking Fees
Any equipment ordered for the project and then returned at the discretion of the Customer will be subject to a minimum 25% restocking fee.
Room Readiness
The following describes the physical conditions we require at the site to bring equipment into the designated area. These “room ready” conditions have been developed to ensure proper site conditions that pose no compromise to the proper operation and performance of the equipment. Further, they will allow our installers to work at maximum efficiency insuring timely completion. Where reasonable or possible:
Access
Our proposal is based on continuous and unrestricted access to the workspace during normal business hours. If continuous access to the workspace is not available or interrupted, additional costs may be incurred.
AC Power
All permanent AC power and work is the responsibility of the Customer and must be in place.
All receptacles must be
- properly grounded per code requirements, and all circuits must be of sufficient capacity to provide full turn on power without tripping breakers. Location of all receptacles must be within distance specified by Digitcom Telecommunications.
Equipment Delivery
Prior to the delivery of all equipment and electronics, all spaces are “broom-clean”, and the site is free of dust and dirt. All construction, including drywall, painting, ceilings, flooring, and millwork is complete. If, at the discretion of the Customer, equipment is brought to site before it is clean, functionality, longevity and warranties may be compromised.
Safety Requirements
Prior to commencement of work by Digitcom Telecommunications, the job site must meet OH&S requirements for a healthful workplace. Appropriate safety policies should be set, maintained, and enforced by all work forces.
TERMS AND CONDITIONS
- This Agreement represents the total price of all Equipment, Software, Work, and Services, exclusive of taxes and Owner Furnished Products.
- This Agreement shall be construed and enforced in accordance with the laws of the Province of Alberta.
- The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Owner’s objectives, schedule, constraints, and criteria. Failure to provide requested information in a timely manner may negatively impact scheduling.
- Digitcom Telecommunications hereby grants to Licensee a worldwide, perpetual, nonexclusive, non-transferable license to all software for Licensee’s use in connection with the establishment, use, maintenance, and modification of the system implemented by Digitcom Telecommunications and for no other use. Software shall mean executable object code of software programs and the patches, scripts, modifications, enhancements, designs, concepts, or other materials that constitute the software programs necessary for the proper function and operation of the system as delivered by Digitcom Telecommunications and accepted by Licensee.
- Your right to use the Licensed Product is conditioned upon your timely payment of the full amount of the entire Project contract price and your compliance with the terms of this agreement.
- The Owner and Digitcom Telecommunications shall endeavor to resolve claims, disputes, and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the procedures of an established national, regional, or local mediation service. Request for mediation shall be filed in writing with the other party to this Agreement and with such mediation service. If such a matter relates to or is the subject of a lien arising out of Digitcom Telecommunications services, Digitcom Telecommunications may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration.
- IN NO EVENT SHALL DIGITCOM TELECOMMUNICATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES; LOSS OF REVENUE OR PROFIT; OR LOSS, DAMAGE OR DESTRUCTION OF DATA OR PROPERTY INCLUDING SOFTWARE, NETWORK, OR HARDWARE PROBLEMS EXPERIENCED BY OWNER IN SOFTWARE PACKAGES, NETWORKS, OR DATABASES IN PLACE PRIOR TO THE INSTALLATION OF ANY SOFTWARE OR HARDWARE HEREUNDER AND INCLUDING ANY ELECTRICAL DAMAGE OR ELECTRICAL PROBLEMS THAT MAY OCCUR AS A RESULT OF ANY OF THE USE OF THE EQUIPMENT OR INSTALLATION OR MAINTENANCE SERVICES PROVIDED UNDER THE TERMS OF THIS AGREEMENT. DIGITCOM TELECOMMUNICATIONS’S LIABILITY FOR DAMAGES FOR BREACH OF THE AGREEMENT OR ARISING IN ANY OTHER RESPECT OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE MONIES PAID TO DIGITCOM TELECOMMUNICATIONS BY OWNER FOR THE ITEM(S) OF EQUIPMENT OR SERVICE GIVING RISE TO THE CAUSE OF ACTION; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO PERSONAL INJURY, INCLUDING DEATH OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DIGITCOM TELECOMMUNICATIONS. IT IS THE OWNER’S RESPONSIBILITY TO ENSURE THAT ALL OF ITS DATA FILES ARE ADEQUATELY DUPLICATED AND DOCUMENTED.
- Overdue accounts will be charged 24% per annum (2% per month) and will be suspended. Products and services, including warranty, may be withheld, at the discretion of Digitcom Telecommunications, until all accounts are paid in full.