Installation terms and conditions
GENERAL DEFINITIONS & SCOPE OF RESPONSIBILITIES
! The Seller's Terms attached hereto are hereby incorporated by reference herein.
! Seller’s installer (the “Installer”) shall install Seller’s Goods at the location as set forth in the Offer (the “Installation Site”).
! Seller may subcontract its obligations with respect to the installation services.
! Seller will not be responsible for services other than those provided by Seller or Seller contracted sources, unless authorized in writing by Seller.
! Seller shall not be liable for any damages to the Goods occurring during installation that are not caused solely by the Seller. Seller’s liability is subject to limitations set forth in Seller’s Terms.
! All work will be performed during such hours as designated by Seller, and Purchaser will make the Installation Site available to Seller at all times. Additional charges may be assessed by Seller for work after regular hours or on weekends.
! Parts and labor required to repair damage caused by accident, abuse, natural disaster, fire or theft, misuse by operating Goods for functions/processes not originally designed or recommended, or alteration/ modification of the Goods or accessories after final assembly by Seller shall be provided by Purchaser and are not covered by Seller.
In general, additional Purchaser responsibilities are:
1) Purchaser shall ensure that all measurements taken are correct and accurate;
2) Purchaser shall obtain or incur expenses for obtaining any/all permits, approvals, licenses, certification, fees, local or otherwise, that may be required for the installation of the Goods;
3) Purchaser shall ensure that all door openings, hallways and areas en route from receiving area to the Installation Site will accept the Goods without dismantling Goods or removing/modifying any door frames, ceilings, cabinets or other building structures;
4) If vertical transport is required due to limited access to higher or lower floors via stairways, elevator limitations, etc., Purchaser will be responsible for any/all additional charges;
5) Purchaser shall ensure that all services which may affect or be affected by installation of the Goods are disconnected;
6) Purchaser shall ensure that Installation Site is adequately prepared for installation, clean, level and clear of debris and obstacles (Including the walls, drywalls, painting, backing, and any/all required prior structural modification to the installation area etc.) and otherwise co-operate with Seller and the Installer;
7) Purchaser shall ensure providing adequate power, lighting and other necessary facilities for the Installer to be able to carry out the installation services;
8) Purchaser shall notify Seller of any changes to the condition of the Installation Site latest seven (7) days before the scheduled installation;
9) Purchaser shall inform Seller of any structural defects or anomalies at the Installation Site which may affect the installation services;
10) Purchaser shall dispose of all packaging materials;
11) Seller will require twenty (20) days’ notice prior to beginning actual installation work, with clear and safe access to the delivery address and the Installation Site guaranteed;
12) Receive and inspect new Goods for shipping damage and store in weather-protected, secure area inside building designated for installation, or arrange for transportation and off-site storage, scheduling re-delivery in time for installation.
INSTALLATION SERVICES
1) Delivery of the Goods and installation of the Goods must take place at the same location, except otherwise authorized by Seller in writing;
2) The focus of Seller’s installation services is to train Purchaser’s installation team. Seller shall use its best efforts to complete the installation services as soon as possible but time for completion is not of the essence and Seller shall not be liable for any reasonable delays;
3) If installation cannot be completed in the allocated time, Purchaser must schedule a new date to resume and finish installation services;
4) If unforeseen conditions are discovered such as the discovery of hazardous substances or conditions, the walls are incapable of holding the Goods or the Installation Site is otherwise, in the sole discretion of the Installer, not suitable for installation, which may increase the time or expense of performance, Seller shall be entitled to additional compensation for the effects of such unexpected conditions. Seller may stop work without liability and Purchaser shall pay Seller for any services already performed, at Seller's hourly rates. Seller reserves the right to stop work until the necessary remedial works have been completed. In no event shall Seller or its employees and contractors be liable for any damage, loss or expense caused by poor quality or faulty walls or be responsible for the removal, abatement or disposal of any hazardous materials (including but not limited to asbestos, asbestos containing materials, hazardous waste, or infectious waste);
5) If during the installation services, Purchaser agrees with the Installer to deviate from the plan, it is Purchaser’s sole responsibility and Seller has no liability whatsoever for any costs, damage or loss arising from this deviation;
6) If at anytime, during the installation, Purchaser has any concerns about the Installer or the quality of work, Purchaser must contact Seller immediately in writing before installation is completed;
7) On completion of the installation services, Purchaser will be asked to sign a certificate of completion and allow Seller to take photographs of the completed work. If Purchaser is not satisfied in any way with the installation services which have been carried out and does not note this on the certificate of completion then Seller will accept no liability whatsoever if, in the future, Purchaser makes a claim to Seller for damage or loss occurred during or as a result of the installation services;
8) In the event Purchaser raises a claim or issue with regards to the installation services Purchaser shall allow Seller access to review the installation services/Goods and to take photographs of the Goods and any alleged damage or any alleged poor quality of work;
9) Seller shall use its best efforts to keep dust and disruption to a minimum during the time of the installation services, but Purchaser shall take all reasonable and necessary measures to minimize the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Installer shall use its best efforts to clean up after themselves, but Purchaser should expect some dust to result from the installation services and Purchaser acknowledges and agrees that Seller will not be liable for any cleaning expenses;
10) Minor damage may occur to painting, floor, walls, decor, plaster and tiling during the installation services but Purchaser agrees that Seller shall not be responsible for any damage, unless it is as a result of Seller’s gross negligence rather than an unavoidable consequence of having the Goods installed.
11) Purchaser agrees to provide Seller with information as to all hazards or hazardous materials which Seller's personnel may encounter when performing services for Purchaser. Purchaser shall ensure the safety of the Installation Site and of Seller's employees and contractors and agrees to defend, indemnify and hold Seller, its employees and contractors, and their insurers (the "Indemnified Parties") harmless from any and all claims, demands, losses, liabilities, fines, penalties (including but not limited to statutory or regulatory penalties), costs (including but not limited to attorneys' fees) or other liability suffered or incurred by the Indemnified Parties as a result of Purchaser's failure to do so.
ELECTRIC
Seller does not perform any electrical services.
PLUMBING
Seller does not perform any plumbing services.
APPLIANCES
Seller does not install, connect or remove any appliances.
HARDWARE
Seller does not install any non-Seller goods.