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CONNECTED HOMES

TERMS & CONDITIONS

1) Scope & Variation

a) This quotation covers the supply and installation of the above mentioned specific cabling and electronic equipment.

b) Unless individually specified, this quotation excludes any services involving the construction, maintenance, repair, treatment, processing, cleaning or alteration of equipment.

c) The following equipment and services may be required by Connected Homes but are excluded from this quotation and are to be performed by other parties at the direction of the customer and are not warranted by Connected Homes:

i) Carpentry

ii) Masonry

iii) Painting and patching

iv) Dry-wall work

v) Excavation and reinstatement of interbuilding cable trenches and/or ducts

vi) Provision of overhead cable fixing and routings for interbuilding connections

d) Changes, deletions and additions of cabling and equipment covered by this quotation may be varied at any time by mutual agreement between the Customer and Connected Homes. In this event, the Customer acknowledges that the quoted prices will be adjusted to reflect these changes.

e) Motor driven equipment required for installation of equipment shall be organised by the builder - for example - Cherry Pickers, Excavators, Scissor Lift etc.

2) Customer Responsibilities

a) The Customer must provide:

i) 240 volts uninterrupted AC power and/or conduit piping for all equipment as specified by Connected Homes.

ii) Cable television, Internet and telephone service/connectivity in a timely manner.

iii) Any necessary permission from the premise owners, or other interested parties, if permission is required for the installation or removal of any equipment.

b) Connected Homes may assist the Customer in obtaining the above services and permits, but in doing so shall not relieve the Customer of their obligations.

c) Site Readiness

i) For equipment installation services, the client shall ensure that the site is completed and ready for installation in accordance with the specifications provided by Connected Homes.

ii) For programming services, the client shall ensure that the equipment supplied by the client is installed, ready, and complete for programming by Connected Homes.

iii) In the event that the client fails to meet the site readiness requirements, Connected Homes reserves the right to charge additional fees for the necessary preparations to commence the quoted works.

iv) Any estimates provided by Connected Homes for additional fees due to site unpreparedness will be communicated to the client in writing prior to the commencement of any additional work.

v) The client acknowledges and agrees to the terms outlined in this Site Readiness Clause. Failure to adhere to these conditions may result in delays and additional costs incurred by the client.

d) It is the responsibility of the Customer to remove all resulting rubbish and equipment from installation, alternatively Connected Homes can remove and dispose of at a nominal charge.

3) Prices & Fees

a) The prices in this quotation shall remain fixed for a period of thirty (30) days from the quotation date. Should currency movements or changing freight costs increase Connected Homes purchase price of equipment by more than 5% within this thirty-day period, this increase in cost shall be added to the quoted prices.

b) Prices quoted on all equipment are correct at time of pricing. Note that prices may vary at time of ordering and we cannot guarantee quoted price will be as quoted at time of ordering.

c) The quoted labour costs are provided as estimates only, and actual labour times may vary based on various contributing factors, including, but not limited to, site conditions and the condition of existing equipment. Any additional labour incurred beyond the initial estimate will be invoiced accordingly.

d) The prices in this quotation are conditional on:

i) The building or premises being constructed, planned, laid out, furnished, fitted and equipped in accordance with any representations both written and oral made by the Customer and its agents. 

ii) Connected Homes having free unrestricted access to the premises and clean access to all points of contact when cabling and installation of equipment and if the above conditions are not met, Connected Homes may add reasonable variance costs to the prices in this quotation.

e) The Customer and its agents shall provide at least 48 hours notice of cancellation of a confirmed installation appointment. If the Customer fails to do this, Connected Homes retains the right to charge a penalty fee.

4) Payment Terms

a) The Customer shall pay Connected Homes the quoted prices plus variations as agreed and invoiced according to the following schedule:

i) For cabling and pre-wiring - 100% of payment upon completion of cabling.

ii) For equipment - 100% of payment upon acceptance of this quotation prior to the ordering of equipment.

iii) For installation labour and programming - 100% of payment upon completion of each labour and programming segment or in weekly, fortnightly or monthly progress payments.

b) The Customer shall be in payment default if payment has not been received within seven (7) days after receipt of notice from Connected Homes demanding such payment.

c) In the event of Customer payment default:

i) Connected Homes reserves the right to suspend work until payment is received.

ii) The Customer agrees to pay all reasonable costs associated with Connected Homes’s efforts to force and recover payment including but not limited to legal and debt collection fees.

iii) Connected Homes is entitled to charge interest on the outstanding payment balance at a rate of 5% per month from the date when payment was due til the date of actual payment.

iv) Connected Homes representatives may remove and dispose of any equipment that has been installed under this agreement and shall not be held liable for any damage resulting to the premises. In addition, the Customer shall pay Connected Homes an amount equal to the difference between the installation price (including all costs of installation) and the amount obtained on resale of the equipment (less all costs of de-installation).

5) Installation, Ownership & Warranty of Equipment

a) Connected Homes shall conduct all cabling and installations in a professional manner according to the accepted standards and practices of the Custom Electronic Design & Installation Association (CEDIA).

b) In the event that a particular item of equipment is no longer available from Connected Homes’s suppliers at the time of installation, Connected Homes will replace it with an item of equal or superior performance, pending the Customers approval, which shall not be unreasonably withheld.

c) Ownership of all cabling and equipment shall be retained by Connected Homes until the Customer has complied with all terms and conditions of the installation, including but not limited to, full payment of all payment notices to Connected Homes.

d) Connected Homes reserves the right to claim the proceeds of sale by a purchaser if the goods have been on-sold to a third party and to enter onto a purchaser’s property to recover the goods.

e) All equipment installed by Connected Homes is covered by standard manufacturer’s warranties and the standard terms and conditions thereof. Installation labour and other services are warranted for thirty (30) days from the date of installation. All warranty arrangements shall be voided at Connected Homes’s discretion should the Customer and/or their agents attempt to repair or relocate installed equipment.

6) Limitation of Liability & Damages

a) The Customer acknowledges that all equipment is suitable for the purpose for which it was required and that Connected Homes has explained the functionality and limitations of all equipment

b) To the extent permitted by the Trade Practices Act 1974, the Customer agrees that Connected Homes, including its employees and agents, will not be held liable for any indirect or consequential loss, how-so-ever arising.

c) Connected Homes’s liability for breach of any condition or warranty implied by the Trade Practices Act shall be limited to fire replacement or repair of equipment (or payment for this to occur) and/or the resupplying of services (or payment for this to occur).

d) Subject to the clauses above, Connected Homes shall not be liable for any loss or damage caused by any reason beyond Connected Homes’s control including but not limited to an act of omission by the Customer or its agents, mechanical breakdown, delay or mistake in delivery, non-delivery, natural disasters, strikes, labour disputes, riot, civil commotion and protests.

e) Connected Homes shall only be liable for loss or damage suffered by the Customer if the loss or damage is solely and directly attributed to the negligence of Connected Homes or any of its employees acting within the specific scope of their employment.

 

This provision is subject to applicable laws and regulations. Connected Homes reserves the right to amend or update these terms as necessary, without notice to the client.

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