Payment and Price Provisions:
- Unless otherwise noted in a project document, standard payment terms are 50% Mobilization deposit, Remaining 50% Net 30 from receipt of invoice.
- Any changes to accommodate unexpected site conditions (OOS) and allow installation to proceed without interruption or impact to the established schedule shall be reported immediately to client and provided a CHANGE ORDER REQUEST. OOS exceeding the costs approved under this agreement will not be acted upon without Client authorization. Such changes will be presented to the Client with an explanation why such work is out of scope and how such events have impacted the costs and/or schedules of this agreement. Stärken Technologies shall proceed with such changes upon receipt of written authorization from Client.
- The above pricing is exclusive of any costs required to meet local codes, union labor requirements, or permitting charges. Such costs shall be added to this installation contract at the time of their identification.
- The above pricing does not include any State or Federal taxes but does include a 6% KY labor tax. The Client is required to pay all applicable federal, state, and local taxes, fees, and licenses.
- The standard lead time for all projects is two (2) weeks, however at least one (1) week is required from the receipt of a signed contract, and deposit. If any hardware is needed sooner than one (1) week, an expedited shipping fee will apply. This timeline does not include special shipping conditions (like white-glove services), or international shipping.
- Shipping for any lift(s) will need to be delivered directly to the Client site and pick-up will need to be performed at the Client site. Client will need to ensure someone is on site to secure it, and/or have access to lift rental company for both delivery and pick-up. Starken is not responsible for securing the lift or any lift parts while on the Client property.
- In the event the Client fails to make payment in accordance with the terms stated, the Client shall pay reasonable attorney fees, the cost of collection, and 1.50 percent (1.50%) per month interest or the maximum allowable under the law.
- Stärken Technologies shall retain full title to all merchandise until paid in full. This includes collecting the property after it has been installed. Client is responsible for any costs related to the collection or decommissioning of Starken’s property
- Final acceptance shall occur automatically on the earlier of (I.) 30 days after the completion of a demonstration and instructional session by Stärken Technologies on the operation of the system or (II.) 45 days from the completion of the installation of equipment (collectively referred to as the “Acceptance Period”). During the acceptance period, the Client has sufficient time to inspect the installation and operation of the system to verify that it is installed and performing satisfactorily and as required pursuant to the installation contract, and any guarantees provided by Stärken Technologies to the Client. All applicable warranty period shall commence from the date of the device installation.
- Final acceptance or receipt of final payment shall constitute a waiver of all claims against Stärken Technologies and its installer except for those arising from any unresolved lien, security interest, or encumbrances arising out of this installation contract and any failure of the work to comply with the requirements of the installation contract, or terms of any specific warranties or guarantees provided by Stärken Technologies
Terms and Conditions:
- The designs contained in this contract remain the sole property of Stärken Technologies as such shall not be communicated in any form to anyone other than the employees of the individual or corporation named on this installation contract. Any use of this design other than to obtain a price quotation from Stärken Technologies will obligate the individual or organization named above to pay engineering, consulting, and licensing fees related to this design as deemed appropriate by Stärken Technologies.
- The Client shall provide Stärken Technologies with as-built plans, or the equivalent thereof, of all the preapproved installation sites as well as the performance and function requirements. Any deviation from the information presented which results in increased cost or redesign by Stärken Technologies shall be at the Client’s expense. The Client shall be responsible for providing all updated plans to Starken before the project begins. Any changes to the Client provided plans may result in a change order and/or additional revisits.
- The Client shall be responsible for preparing the site in accordance with the plans and requirements provided by Stärken Technologies or its installer. Such site work to include, without limitation, all electrical power, wiring, structural mounting points, required mill work, removal of all stored materials, and inventory for easy access and the like. The Client shall notify Stärken Technologies ten (10) days before the commencement date of installation, verifying said date acknowledging the site preparatory work is complete and authorizing the commencement of said work.
- In the event that conditions at the site are substantially different than those shown on the plans, then any increased costs incurred by Stärken Technologies, including the cost of any additional equipment, labor, design, and the like shall be the Client’s responsibility. The Client shall be responsible for any required site preparation.
- The Client, at its expense, shall provide an on-site disposal container for disposal of all construction and installation debris.
- The Client bears full legal responsibility and the risk of loss thereon for all equipment provided by Stärken Technologies or its installer upon delivery of said equipment to the site. Client shall be responsible for providing secure storage for the equipment at the site at any time after delivery.
- In the event Stärken Technologies encounters asbestos or polychlorinated biphenyl (PCB) or any other hazardous material, which has not been rendered harmless, Stärken Technologies shall immediately stop work in the affected areas and report the condition to the Client in writing. Work shall not resume until such time as the material has been rendered harmless and written notice and consent of the Client has been given any and all additional costs incurred by Stärken Technologies as a result of the presence of this hazardous material shall be borne by the Client.
- No general or limited partner, stockholder, office, director, joint venture, beneficiary, trustee, employee, or other principals, agents, or representatives, (whether disclosed or undisclosed) of Stärken Technologies shall be personally liable to the Client. The liability of Stärken Technologies hereunder is expressly limited to the actual value of the purchase price paid by the Client for the project.
- Stärken Technologies and its installer shall perform all work in a good and workmanlike manner and in accordance with all applicable codes and requirements. It is specifically acknowledged that Stärken Technologies may assign the performance of the work required hereunder.
- All cabling and construction-related permits and approvals shall be the responsibility of the Client. Should Starken need to pull any permits, Starken will submit a change order for any time, travel, and cost of permitting
- The Client shall be responsible for the integration of the work of Stärken Technologies with that of any other contractors employed and working on the site. Stärken Technologies shall not be responsible for any damage to its work or equipment caused by the Client or any of the Client’s contractors, employees, or agents.
- Any delay in the performance of the work caused by the Client and anyone claiming by, through, or under the Client or any delay caused by labor disputes, unusual delivery delays, unavoidable casualties, or other cause beyond the control of Stärken Technologies shall result in an extensions of time for completion of the performance of the work and increase in payment commensurate with the extension of time and costs incurred by Stärken Technologies as a result of such delay.
- The terms of the purchase and installation of the equipment shall be governed by the laws of the state of Kentucky. The venue of any proceeding shall be Boone County, KY
- Any and all required notices shall be sent to Stärken Technologies certified mail, return receipt requested, or by other express mail delivery service to the following address:
Stärken Technologies, Inc.
PO Box 6572
Florence, KY 41022
- Stärken Technologies shall provide appropriate supervision of its employees and contractors assigned to the job.
- Stärken Technologies may provide equal alternate equipment if the equipment specified is no longer available or cannot be obtained in a timely fashion necessary to meet the construction schedule. Delays in the receipt of collecting deposits could result in alternate equipment or materials to be ordered.
- Stärken Technologies shall not be responsible for manufacture shortages and product availability.
- In the event of Client breach, this installation contract may be terminated by Stärken Technologies upon two (2) days written notice to the Client, unless the Client cures and corrects the breaching condition within said two (2)-day period. The Client breach shall include, but not be limited to, nonpayment of amounts due, breach of any provision of this installation contract, bankruptcy, receivership, or any similar action in consequence of debt, or soliciting Starken’s employees for employment.
- This agreement constitutes the full and complete agreement of the parties hereto and supersedes all prior and contemporaneous agreements and understandings relating to the subject matter hereof. Any purchase order, invoice, or other document issued by the Client in connection with this agreement shall be solely for the Client’s internal business purposes and to facilitate payment, and in no event shall the terms and conditions, or other charges of any such document modify or become part of this agreement or become binding on Stärken Technologies, even if an acknowledgement copy is signed by Stärken Technologies. Under no circumstances shall Stärken Technologies be liable for any penalty fees, fines, or other charges imposed for non-compliance with the Client’s requirements. In the event of any conflict between the terms of this agreement and the standard terms of any other agreement, including but not limited to dealer sales contract, purchase order, operating guide, dealer guidelines or other obligations, the terms of this agreement shall prevail.
- Non-returnable items include (but are not limited to) labor, bench fee, shipping costs, any damaged items, or hardware that has been fully installed
- All returned checks will be assessed a $45.00 fee or the maximum allowed by law.
- Both parties agree that neither party will solicit each other’s employees for future employment unless direct permission is given in writing, Both parties agree to alert each other in any case where an employee reaches out for possible employment.
- All hardware and other component parts provided and installed by Stärken Technologies are warranted as indicated on their respective manufacturers warranty cards.
- This warranty is voided by intentional or accidental damage, theft, power fluctuations or spikes, spillage, operator abuse, tampering, improper maintenance, acts of God, addition or interface to system if such equipment or installation thereof is not supplied by Stärken Technologies, or any act of negligence by the Client, or anyone claiming by, through, or under the Client, This warranty is void if labels bearing the serial numbers have been removed or defaced.
- Stärken Technologies is not responsible for interference to the system or equipment due to improper installation of 110-Volt AC power or other equipment sources, such as lighting systems, dimmers, appliances, AM/FM signals, radio transmissions, and the like.
- The warranty does not cover normal system maintenance and cleaning of components, such as video and audio heads, cd players, amplifiers, and the like.
- For routine maintenance or other service calls, the Client shall contact Stärken Technologies at the service phone number: 844-782-7536 x1 or email: email@example.com.
- In the event the system does not perform as warranted during the warranty period, the Client shall contact Stärken Technologies in writing setting forth the deficiency. Stärken Technologies shall have the opportunity, at its sole discretion, to repair, replace, or otherwise correct and cure the deficiency. Any warranty work not performed or authorized by Stärken Technologies shall void all warranty protection. Any labor to remove and replace hardware is not covered under any manufacturer warranty.
- This warranty shall be voided in the event the environmental variables upon which the system was designed are altered. Such environmental variables include without limitation, reconfiguration of the serviced area, alteration of the carpeting or ceiling tiles or window treatments, location of inventory, type of inventory, and the like.
- Merchandise returned for repair, warranty, or credit may only be removed by Stärken Technologies or its authorized agent. After the expiration of the warranty period, all returned equipment must be shipped freight prepaid and will not be accepted without a return authorization (RA) number. A RA number can only be obtained by contacting Stärken Technologies. A twenty percent (20%) restocking charge shall apply to all products returned for credit. In the event the manufacturer deems (when received for warranty repair) any hardware damaged for any reason the hardware cannot be return, but Stärken Technologies can replace said hardware at the replacement cost.
- Except for warranties specifically contained in this agreement or a contract, STI disclaims all warranties, express and implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and those arising from a course of dealing. STI does not warrant that services and/or deliverables will operate uninterrupted or error free, or that all deficiencies, errors, defects or nonconformities will be corrected. STI has no warranty obligation for products, materials, or services that client acquires from third parties, even if STI assisted in evaluating or selecting them. The failure of products, materials, or services client acquires from third parties or their suppliers will not affect client’s obligations to STI. If STI designates that its products, deliverables, or services are provided “as is”, there is no warranty.
- In no event shall STI be liable for any special, incidental, consequential or punitive damages including, without limitation, any damages resulting from loss of use, loss of data, loss of profits, loss of savings, personal injury, or loss of business arising out of or in connection with this agreement or the performance of the services, whether or not STI has been advised of the possibility of such damages.
Project & Dispatch Assumptions
The following assumptions are standard assumptions on any dispatch or project. Any additional assumptions will be applied to a separate contract or proposal document.
- Assumes any return visits for additional testing, missing equipment, site/trade delays, or other situations out of Stärken’s control may incur a change order to include travel costs and will be billed at T&M.
- Assumes all work is to be completed consecutively as scheduled and without black-out dates unless scheduled in advance and approved in writing by all parties.
- Assumes no daily stoppages and restarts. This will require a change order for a daily flat rate.
- Assumes no daily stoppages and restarts.
- Assumes no moving of Client furniture or building equipment.
- Assumes Stärken will have the opportunity to visit the site to verify costs and identify unknowns prior to commencing final proposal for any location. Any additional costs can be addressed via change order or resubmitting a proposal.
- Assumes all site contacts will be aware of our schedule and scope. Should management not allow access, Starken will alert Client and wait 30 minutes for access. If tech cannot gain access to site, Starken will need to dismiss the technician and reschedule another return.
- Assumes power and data will be established before Starken arrives.
- Assumes Client will have all power receptacles and power strips taped off and labeled before Starken arrives if there are any concerns with power and/or power surges.
- Assumes no delays on approval for total job completion. Client will have someone to immediately approve work and any return visits to confirm the solution is operational will be billed additionally as out of scope.
- Assumes all cabling is plenum unless Client provides direction to provide non-plenum
- Assumes Client or GC to provide all updated floorplans and/or ensure the GC provide updated floorplans to Starken for accurate pricing and before the project begins.
Project & Dispatch Exclusions
The following exclusions are standard exclusions on any dispatch or project unless otherwise requested by Client and noted on the project plan
- Connectivity – All data (internet) connectivity will be provided by others
- Preventative Maintenance – Preventative maintenance pricing can be provided separately at the client’s request
- Additional Systems and Technology – Any additional systems outside of the proposed scope is out of scope and will need to be estimated separately
- Disposal – Disposal of any existing hardware (if any) will be provided by others. Client will provide appropriate disposal for all garbage. No special disposal or dust collection is standard and must be requested by Client.
- Union Labor or Special Labor – Normal rates do not include union labor rates, any union fees, or special rates
- Permits & Insurances – All permits are provided by others. No special insurance requirements are needed. Only general liability requirements for domestic locations
- Labor After Hours / Holidays / Weekends – Unless otherwise notified before pricing or dispatching tech, all labor is for normal business/construction hours Mon-Fri 7am-5pm. Weekends and holidays are excluded.
- Network Engineering – All Engineering Labor including the configuration and support of any existing network and audio hardware (i.e.; firewall, routing gear, switching gear, amplifiers, equalizers, modulators, HMDI matrices, etc.) will be provided by others.
- Traditional IT and Managed Services – Traditional IT services like help desk, providing IPs, or managing network security is provided by others.
- Removal of any Existing Conduit, Hardware, or Cabling – Removal of existing devices and/ or cabling infrastructure will be by others.
- Rework – Any and all rework to existing conditions other than listed in the proposed scope of work. Should any rework be required Starken will review with the client and payment timelines will not be affected
- Electrical – All electrical will be in place before Starken arrives. Starken is not responsible for a stable electrical design in the building. Starken is not responsible for tripping any breakers and any data losses or any other issues as a result of plugging in and using standard tech tools (drills, heat guns, test equipment, fans, vacuum, etc.)
Client will provide all direction on any receptacles or power strips that the technician cannot plug into. Client will be responsible for taping off and labeling these receptacles before tech arrives.
- Drywall, Sheet Rock, Stucco, etc. “Wall Repair” – Others will provide any/all wall repair as a result of the de-installation work and installation work. Starken is not responsible for damage to existing buildings due to any previous work and removing any existing hardware.
- Lifts and Pallet Jacks – No lifts or pallet jacks are included and will need to be provided as an additional cost
- As-Builds or Drawings – Not included in pricing unless others requested
- Cable Certification or Fluke Meter Testing – Cables will be tested for continuity only with a standard cabling meter. Certification and Fluke Meter testing will be provided at Client request and are not included in standard pricing.
- Parking & Toll Fees – Any charges for parking or tolls are not included in this estimate and will be addressed with a change order if/when fees are assessed.
18 Wall cutouts (boxes on wall for data jacks) – Other trades will cut holes in walls before Starken arrives and those trades will not move cabling installation locations
- Coring & Floor Coring – Others are providing all wall coring and related conduit sleeves (if needed). No X-Rays or floor cores are included unless Client requests
- Conduits & Other Pathways – Others are installing all conduits, pull boxes, pathways, related core drills, and plywood boards unless otherwise requested by Client and noted on the project plan.
General Project & Dispatch Customer Responsibilities
To ensure a successful Project that completes on schedule, Stärken requests that Customer provide all the following information prior to its start or according to the PM’s direction:
- The name, telephone number and email address of a single point of contact for project coordination, resource scheduling and decision making while tech is on site.
- A list of personnel who will participate in the project or on site for a dispatch (if any others)
- A list of personnel who will attend systems training (when applicable). Stärken will schedule training immediately after the installation has completed.
- Provide Stärken access to all work areas while on site and throughout the project.
- Provide any shipping requirements in writing if the materials/hardware are desired to be scheduled to arrive quicker that standard ground shipping (typically 5 business days).
- Provide a list of shipping contacts
- If other technology providers are shipping hardware, ensure all hardware has shipped and has arrived at the site before Starken arrives.
- Provide all power requirements unless Starken specifically quotes something related to high voltage
- Provide all information concerning unsafe power receptacles before Starken arrives. It’s the customer responsibility to tape off, and label any unsafe receptacles that could cause damage to the technician or surround equipment.
- Provide any changes in work schedule as shown above. Project is assumed to be completed during normal business hours
- Provide updated floorplans and/or ensure the GC provide updated floorplans to Starken for accurate pricing and before the project begins.