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myHomedia Home Theater & Hi-Fi

TERMS AND CONDITIONS OF AGREEMENT

These Terms and Conditions apply to all sales by myHomedia. By agreeing to an invoice from myHomedia you are also agreeing to the Terms and Conditions herein.

 

TERMS AND CONDITIONS OF AGREEMENT

Return Policy. You may return merchandise purchased at myHomedia within 30 days of purchase if it meets the following guidelines. Not all products are returnable to the store. You will receive full store credit for your purchase only if the return is in original unopened condition and includes all accessories. A 25% restocking fee will be charged on opened products in original condition with all accessories and packaging. A 50% restocking fee will be charged on used products not in original condition or missing accessories or packaging.

Exceptions. The following items are not returnable: – Special order products. – Labor and/or installation services. – Items that are abused.

Company’s Obligation. myHomedia (”Company”) shall provide the services described on the front of this Agreement consistent with Company’s standard practices and in accordance with the terms and conditions set forth below.

Promised Results And Hidden Conditions. Customer understands that any existing issues relating to previously installed equipment or technology will not become part of the new installation unless specifically identified as part of the new installation. Customer also agrees that the technology provided shall provide the features and function as described and documented in the Company’s web site, catalogs and data sheets.

Warranties And Limitation Of Damage. Company warrants to Customer (and to no other person or entity) that all work will be completed in a good and workmanlike manner in accordance with Company’s standard practices. In the event of any defect in the services provided by the Company, Customers exclusive remedy shall be (i) correction of same by adjustment or repair; or at Company’s option, (ii) refund all sums paid on the portion of the work which is not as warranted. THIS IS A LIMITED WARRANTY, AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DENIED BY THE COMPANY AND WAIVED BY THE CUSTOMER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER UNDER ANY THEORY FOR ANY ANTICIPATED OR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL LOSS, AND THE COMPANY’S MAXIMUM LIABILITY TO CUSTOMER FOR ANY LOSS OR DAMAGE ARISING FROM THE SERVICES RENDERED BY COMPANY SHALL NOT EXCEED THE AMOUNT OF THE CONTRACT PAID BY THE CUSTOMER FOR THE SERVICES RENDERED HEREIN.

Completion And Acceptance Certificates. Upon completion of the services, or any segment thereof, Customer will on request execute such instrument as Company may reasonably request acknowledging completion of the services. Customer agrees to inspect the services immediately upon completion, and notify Company’s installation team before they leave. To the extent that they may validly do so, the parties agree that the services will be deemed to be fully acceptable if no notice of any defect in materials or workmanship is received by Company in writing within three days of completion of services.

No Other Agreements Or Representations. This Agreement and any attachments here to constitute the complete and exclusive statement of the Agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, prior agreements and representations, oral or written, and all communications between the parties relating to the subject matter hereof. No representative of the Company has authority to make representations, guarantees, warranties, agreements or other promises other than expressly set forth in this Agreement, and this Agreement shall not be varied by any other agreement or representation other than an instrument in writing executed by the duly authorized office or Company and Customer.

Payment: Interest. Payments are due upon completion of work to Company’s representative. If previously agreed to in writing, any payments made thereafter for any reason shall be delivered at Company’s address as shown in the face of this Agreement within five days. Any amount owing the Company and not paid within twenty days after the due date shall bear interest at the lesser of 18% per annum or the highest lawful interest rate until paid.

Dispute Resolution. Customer agrees to notify Company of all complaints in writing, and allow Company to inspect and/ or correct any deficiencies in the services. Customer and Company agree that all disputes, controversies or claims regarding the inadequacy of services between Customer and Company arising from and or relating from this Agreement, and/ or the services to be provided by the Company shall be submitted to nonbinding mediation or arbitration in accordance with applicable Alternative Dispute Resolution Procedures in the jurisdiction where the services were rendered. The award of the arbitrator in any such proceeding shall be final and binding upon both parties, and either party may apply to an appropriate court to enforce such award, if necessary.

Costs. Should Company be required to bring an action to enforce the terms hereof or declare rights hereunder, the Company shall be entitled to recover from Customer all costs and reasonable attorney’s fees required in asserting its rights under this Agreement in any action, arbitration, trial or appeal. The terms and conditions of this Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective heirs, representatives, successors and assigns.

Standard Warranty. Hardware products sold and delivered to the Customer are covered by Standard Warranty. For thirty days from delivery or installation, Company will replace the item if it fails due to a manufacturing defect. This will be completed at no cost or service charge to the Customer. Manufacturing defects do not include damage caused by accident, misuse, abuse, neglect, unauthorized product modification or failure to follow the manufacturer’s directions. Service callouts for troubleshooting after thirty days are charged as follows: $99 callout fee for up 60 minutes of investigation, problem resolution or remote programming, $50 per additional 30 minutes (or part of any 30 minute increment on site), $35 trip fee for each visit to the home. All hardware is warranted by the manufacturer. The Company warrants all work to be free of defects for a period of one year from installation.

Premier Warranty. Includes the terms in Standard Warranty. If Customer accepts and pays for the Premier Warranty program, for a period of twelve or thirty-six months from installation, the following additional benefits are provided by the Company: The Customer must call or email to report a problem with their system, and the Company will try to rectify the issue via the telephone. If deemed necessary by the Company that a service callout is required to rectify the issue, a technician will be dispatched on the next working day. The Company does not work on the weekends or public holidays. Service callouts for troubleshooting are included at no charge. Programming changes to remote control systems are included at no charge, up to a maximum of one visit per month during the Premier Warranty coverage period. Annual maintenance visits are included during the Premier Warranty coverage period to check and re-calibrate the system. The one year Premier Warranty plan includes one visit. The three year Premier Warranty plan includes three visits. Equipment repairs after the Manufacturer’s Warranty period has expired are included at no charge. This includes removing the faulty product, shipping to the manufacturer and re-installation of the product following repair. If the projector lamp fails during the Premier Warranty period, a replacement lamp shall be supplied and installed in the Customers projector at no charge, up to a maximum of one lamp per Premier Warranty period.

END OF TERMS AND CONDITIONS.

OCTOBER 2015