TERMS AND CONDITIONS
1. PRICING: All the work provided by Audio Video Intelligence Agency, Inc. (hereafter referred to as AVIA) will be charged and performed on a time and material basis, unless otherwise specified in writing. AVIA will give the vessel/property owner and its captain/representative a written proposal that specifies the requested services and equipment. This proposal needs to be reviewed and signed by either the vessel/property owner or its captain/representative with the understanding that only the work specified in the proposal is going to be performed by AVIA. If the vessel/property owner or captain/representative wishes to request additional services from AVIA, those services must be agreed to in writing via a Change Order form and signed by either the vessel/property owner or captain/representative. Charges for all requested, additional services would then be billed separately of the original proposal on AVIA’s invoice(s).
2. DEPOSITS: Once an AVIA proposal has been accepted and signed by the vessel/property owner or its captain/representative, a minimum deposit payment that equals 50% of the equipment total must be forwarded to AVIA before any equipment can be ordered. All customer deposits are held in a separate Escrow Account and will be billed against once the equipment has been received by AVIA. Payment for the remaining 50% of the equipment total will be required before AVIA can release the equipment. AVIA guarantees that all equipment delivered to the vessel/property will be in good working condition. In the event a component does not function according to manufacturer’s specifications when it is removed from its box AVIA promises to handle, free of charge, all manufacturer’s warranty returns and claims.
3. PAYMENT TERMS/SUBSTANTIAL COMPLETION: All payments are due immediately upon receipt of invoicing, with phase specific progress invoices submitted for any job exceeding 16 Hrs. If the vessel/property owner or its captain/representative has questions or concerns about an invoice or punch list issues, they need to be presented to AVIA management within 5 business days of the invoice date so that AVIA can address any punch list issues promptly. Upon agreement of Substantial Completion excluding Change Orders any outstanding invoices must be paid with a 10% allowance withheld for guarantee of punch list completion. If neither payment nor questions/concerns are communicated within 5 business days, or the questions/concerns raised violate the terms of this contract, AVIA reserves the right to charge the approved credit card for any outstanding balances owed.
4. PERFORMANCE TIME: AVIA respects the Owner’s/Captain’s/Representative’s expectations, schedule and budget and promises to complete the work contracted for in as timely a manner as possible. However it is important for the vessel owner and its captain/representative to understand that due to the custom nature of the services provided, AVIA cannot guarantee the exact amount of time needed to perform the work contracted for. Change orders, carpentry, pre-existing cables and unstable power are just a few of the factors that can delay the completion of a job; which is why all jobs are quoted on a time and material basis, unless otherwise specified in writing. AVIA’s request for a preferred completion date from the vessel owner and it’s captain/representative, and any labor estimates provided, are to be used solely as a guide and do not entitle anyone to damages or discounts in the event there are delays.
5. PERMISSION TO TEST: The vessel/property owner agrees that the vessel/property will be properly positioned and fully operational so that all the installed components and integrated systems can be tested by AVIA staff to ensure everything is functioning as designed and implemented. This may require that the vessel be moved to a location providing stable power or clear satellite reception in order for AVIA to complete the service contracted for or for warranty claims.
632 SW 4th Avenue ï Ft. Lauderdale, FL 33315 ï 954.768.0539 ï Fax 954-768-0118 ï www.AVIAonline.com
6. OWNER’S WARRANTY: AVIA cares about the quality and performance of its workmanship and will make every effort to collaborate with the vessel/property owner or its captain/representative in order to correct any discovered defects. If workmanship and or labor defects manifest themselves within one year of the date on the final invoice submitted for this installation, AVIA would repair the defects without charging the vessel/property owner or its captain/representative for the labor or any travel required within the Palm Beach, Broward or Dade County areas of S.E. Florida. AVIA will also provide free telephone or remote diagnostic technical support during this one-year period. This warranty becomes null and void in the event that the vessel/property owner or staff attempts repairs without AVIA’s consultation, and or anyone else not authorized by AVIA. If travel is required beyond the S.E. Florida region, AVIA will provide free labor within the one-year warranty period specified while the vessel/property owner will be responsible for the travel costs (travel to exclude countries actively engaged in an armed conflict or those countries travel restricted by the Government of the United States of America). These costs will include airfare, hotel, rental car and per diem expenses of $55 per day domestic and $155 per day internationally and will be billed to the vessel/property owner upon completion of the repairs. If AVIA is unable to successfully complete the necessary repairs, no charges will be billed to the vessel owner. The components purchased for this installation come with a manufacturer’s warranty that is separate from the workmanship warranty provided by AVIA. As an additional service to the vessel/property owner and its captain/representative, AVIA will be happy to process all warranty claims with each manufacturer for any defective components free of charge, except for shipping/handling/additional labor costs. Shipping costs associated with the handling of component warranty claims will be billed to the vessel owner upon receipt of the repaired component(s). The above warranty or any warranty agreement offered by AVIA is only in effect for those projects within their warranty period and in good credit standing with AVIA.
7. INSURANCE: AVIA commits to maintaining standard Business & Marine Liability Insurance and Workman’s Compensation Insurance special certificates available upon request. The property/vessel owner guarantees that the property/vessel this contract is written for is fully insured with liability, marine hull, marine protection and indemnity insurance, and insurance covering theft, fire and vandalism. AVIA is not responsible for nor will warranty against fire, theft, vandalism, water damage or acts of God.
8. VENUE: AVIA will make every effort to negotiate and reasonably compromise with the vessel/property owner and its captain/representative in the event there is a disagreement regarding the work contracted for. However, if such efforts fail and legal action is initiated, both parties agree that Broward County, Florida, will be the exclusive and proper forum for any venue purposes.
9. WAIVER: Because AVIA wishes to make every effort to peacefully negotiate through any differences that may arise with the vessel/property owner or its captain/representative, AVIA may fail to strictly enforce the terms of this contract. However this doesn’t mean that AVIA’s efforts to compromise can be interpreted as a waiver of its rights or the contractual terms defined here.
10. NO ELECTION OF REMEDIES: As AVIA endeavors to collaborate with the vessel/property owner or its captain/representative to resolve any differences that may arise, no action - or lack of action - taken by AVIA entitles the vessel/property owner or any court to determine that a set “election of remedies” or solutions has been decided upon that exclude or waive other remedies or solutions that may help everyone reach an agreement.
11. SEVERABILITY: If any paragraph or section of this contract is deemed by a court of law to be unenforceable, both parties agree that this determination will not affect the validity of the remaining sections so that this contract remains a whole and enforceable document.
12. EQUIPMENT & MATERIALS POSSESSION: AVIA wishes to emphasize a collaborative working relationship and the avoidance of conflict, and as such we ask that the customer agrees to pay in full for any equipment released into owner’s custody prior to or at the time of delivery or shipping.
13. ENTIRE CONTRACT/FURTHER WORK: This contract embodies the whole understanding of both parties regarding all the issues described above and supersedes any previous agreements, either oral or written, that existed prior to this document. This contract may not be modified, except in a written form that is signed by the vessel/property owner or its captain/representative with the understanding that all additional changes are still subject to the terms of this original agreement.
AUTHORIZATION AND WORK ORDER
The undersigned hereby authorizes Audio Video Intelligence Agency, Inc. (AVIA) – located at 632 S.W. 4th Avenue in Ft. Lauderdale, FL – to perform such work as set forth above, or hereafter requested, and to furnish all labor and materials in conjunction therewith. Under penalty of perjury, I certify that I am either: (a) the owner/authorized owner’s agent of the vessel/property; or (b) if vessel/property is owned by a business organization, a general partner or executive officer authorized by the Owner/Directors to execute this work order as a binding contract for the Owner/Directors. I understand that this work order: (1) is subject to all terms and conditions as stated in this Contract, which terms and conditions may not be changed verbally by either party; (2) may be increased in scope by a Change Order form or subsequent proposal, but any additional work is still subject to the same terms and conditions.