1.0 PROJECT EXECUTION
1.1. INSTALLATION SCHEDULE – All work is to be scheduled Monday through Friday 7:00am – 4:00pm excluding BTS scheduled holidays. Work required outside these hours may be subject to an overtime labor fee.
1.2. JOB SITE AVAILABILITY – CLIENT must make the job site available to BTS personnel during scheduled appointments. If BTS personnel arrive at the job site for a scheduled appointment and are unable to make progress on the scope of work due to job site obstructions including, but not limited to, locked doors, construction materials, other trades work in progress, lack of electric or internet service, CLIENT shall pay to BTS any additional costs incurred by BTS due to such interference including, but not limited to, costs of rescheduling, worker idle time or overtime, and the cost of travel.
1.3. SYSTEM AVAILABILITY- System components are not available for use by CLIENT until installation and testing is complete and the project has been turned over to the CLIENT. If CLIENT uses or alters the system in any way while installation is in progress, CLIENT shall pay to BTS any additional costs incurred by BTS due to such interference including, but not limited to, costs of rework, worker idle time or overtime, and the cost of damaged materials, even if not incorporated in the work.
At the request of CLIENT, BTS will connect one (1) temporary TV cable box directly to one (1) display panel with built-in speakers. Control will be local and provided by OEM and cable company remote controls only.
1.4. CLIENT ACCEPTANCE – At the conclusion of system testing, BTS will instruct CLIENT on proper use of the system. At this time, CLIENT is encouraged to thoroughly review all elements of the system and ask any and all relevant questions.
Electronics with a programmable user interface (UI), including, but not limited to, remote controls, lighting control, and automation systems, will be reviewed and delivered to CLIENT. After two weeks time, BTS will provide one (1) revision of the programmable UI as per CLIENT request. At this time, changes that are within the scope of this contract will be provided at no additional charge. Any further requests for changes, enhancements, or modifications to the UI, at this time or in the future, even if due to BTS's negligent performance or failure to perform any obligation, will be charged at the prevailing BTS rate on a time and materials basis.
A punch-list documenting all outstanding deliverables, as agreed upon by CLIENT and BTS, is to be composed at this time. Except for items noted in the punch-list, the project is delivered in full.
1.5. EXCEPTIONS – BTS proposals are based solely on the electronic components and documented feature sets available from the Original Equipment Manufacturers (OEM) at the time of the proposal. CLIENT understands and agrees that electronic components change rapidly at the discretion of the OEM. BTS assumes no responsibility for changes, errors, or omissions on the part of an OEM. BTS reserves the right to make equipment substitutions when no substantial impact to cost or functionality is foreseen. When a component substitution is required, and the substitution is likely to impact the cost or functionality specified in the contract, the change order process will be employed to find the best substitute for BTS and the CLIENT.
2.0 COMPUTERS and COMPUTER NETWORKS
2.1. SAFEGUARDING DATA – CLIENT understands and agrees that computer hardware and software can and does fail. Stored data can be lost due to hardware and/or software malfunctions. BTS assumes no responsibility for any data losses which may occur, even if due to BTS's negligent performance or failure to perform any obligation.
CLIENT IS SOLELY RESPONSIBLE FOR SAFEGUARDING DATA. BTS recommends that CLIENT maintain a regular schedule of data backup, store a copy of essential data in an off-site location, and secure a recent backup of all data prior to releasing a machine to BTS for service.
2.2. NETWORK SECURITY – CLIENT understands and agrees that networks which provide access to the internet are vulnerable to software attacks such as viruses, spyware, ransomware, and hackers. A successful attack on a CLIENT computer may result in loss of service, data, or personal information. BTS assumes no responsibility for any computer/network security breach which may occur even if due to BTS's negligent performance or failure to perform any obligation.
CLIENT IS SOLELY RESPONSIBLE FOR THE SECURITY OF COMPUTING DEVICES AND THE LOCAL AREA NETWORK. BTS recommends that CLIENT observe prevailing network security best practices including, but not limited to, (1) establish and maintain secure passwords for all equipment connected to the network including, but not limited to, routers, wireless access points, desktop computers, laptop computers, servers, tablets, cameras, smart TVs, and smartphones, (2) establish and maintain a connection password and encrypt data transfers on wireless network connections, and (3) store user IDs and passwords in a secure location (password locker software is available to assist with this task) and immediately change any password that may be compromised.
3.0 ALARM SYSTEMS
3.1. PERMITS AND LOCAL ORDINANCES – CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL ORDINANCES REGARDING CLIENT'S ALARM SYSTEM. CLIENT will be responsible for obtaining and maintaining in full force, at CLIENT's expense, any individual alarm permits, or licenses required by governmental authorities. The city or county in which CLIENT's home or business is located may require that CLIENT obtain a permit for the use and monitoring of the system.
3.2. FALSE ALARMS – CLIENT agrees that CLIENT and others using the system will use it carefully to avoid causing false alarms. False alarms can be caused by CLIENT error, severe weather, animals, insects, or other forces beyond BTS control. CLIENT will pay any false alarm fee or penalty assessed against the system by any governmental agency, whether charged to CLIENT or BTS.
3.3. CLIENT'S DUTIES AS TO USE OF SYSTEM – CLIENT will instruct all other persons who may use the system on its proper use. CLIENT should test the system's protective devices and send test signals to the monitoring central station regularly. If the system includes any wireless devices, CLIENT will replace the batteries as needed and at least once each year.
3.4. INTERRUPTION OF MONITORING SERVICE – BTS assumes no liability for interruption of monitoring service, if any, due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption or unavailability of telephone/internet service, acts of God, or for any other cause beyond the control of BTS, and BTS will not be required to supply service to CLIENT while interruption of service due to any such cause may continue.
3.5. BTS IS NOT AN INSURER – CLIENT understands and agrees that BTS is being paid to install and/or maintain an electronic system designed to reduce certain risks of loss and that the amounts being charged by BTS are not sufficient to guaranty that no loss will occur. The amount CLIENT pays to BTS is based only on the value of the services BTS provides and not on the value of CLIENT's premises or its contents.
CLIENT understands and agrees that BTS is not an insurer of CLIENT property or the personal safety of persons in CLIENT's premises. CLIENT will provide and maintain any insurance on CLIENT's premises and its contents.
CLIENT understands and agrees that alarm systems and monitoring services (if any) may not always operate properly for various reasons. BTS ASSUMES NO RESPONSIBILITY FOR ANY INJURY OR LOSS WHICH MAY OCCUR EVEN IF DUE TO BTS'S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION.
4.0 AESTHETIC CONSIDERATIONS
4.1. DRYWALL REPAIR- Drywall may be damaged in the course of cable and/or equipment installation. Unless patching, sanding, and painting of drywall and/or repair of wall finishes such as wallpaper or fabric is specifically stated in the scope of work section of this contract these repairs are excluded from this contract.
4.2. MATCHING EXISTING FINISHES – BTS will make every effort to match existing finishes and materials. However, an exact match is not guaranteed by BTS due to such factors as discoloration from aging, a difference in dye lots, discontinuation of product lines, and the difficulty of exactly matching certain finishes, colors, and planes. Unless specifically stated in the scope of work section of this contract, custom milling of materials is excluded from this contract and any material not readily available at local lumberyards or suppliers is excluded from this contract.
5.0 UNDERGROUND CABLING
5.1. DIGGING AND TRENCHING – CLIENT understands and agrees that objects buried underground that are not accurately marked by highly visible spray paint and/or highly visible flags can and will be damaged by digging equipment during installation of low voltage conduit and/or cable. BTS assumes no responsibility for any damage or loss which may occur to unmarked underground objects during digging even if due to BTS's negligent performance or failure to perform any obligation.
CLIENT IS SOLELY RESPONSIBLE FOR MARKING THE LOCATION OF UNDERGROUND OBJECTS. This includes, but is not limited to, invisible pet fences, irrigation and sprinkler systems, cable and satellite systems, phone and data systems, security and surveillance systems, and outdoor A/V systems. BTS recommends that CLIENT seek the assistance of blueprints, diagrams, system installers, and/or "Miss Utility" in locating and marking underground objects on the premises.
6.0 PAYMENT TERMS
6.1. PAYMENT SCHEDULE – Fixed price contract payments are due as indicated in the payment schedule section of the contract.
6.2. PAYMENT OF T&M PROJECTS AND SERVICE CALLS – Work not covered under a fixed price contract, including but not limited to, service calls and T&M projects, are due upon completion of either all or part of the work and presentation of an invoice by BTS.
6.3. PAYMENT OF CHANGE ORDERS/ADDITIONAL WORK – Change orders are due upon completion of either all or part of the work and presentation of an invoice by BTS.
6.4. INVOICE TERMS – All invoices are due upon presentation.
6.5. LATE PENALTY – Any unpaid due amount is subject to a finance charge of 1.5% per month beginning at 15 days late.
6.6. WORK STOPPAGE – If CLIENT does not pay any amount when due, BTS may stop work without penalty or liability. If BTS stops work for non-payment, CLIENT shall pay to BTS any additional costs incurred by BTS due to such stoppage, including, but not limited to, costs of rescheduling, worker idle time or overtime, and the cost of materials ordered, even if not incorporated in the work.
6.7. FINAL CONTRACT PAYMENT – The final contract payment is due and payable upon substantial completion (not final completion) of all work under contract. Substantial completion is defined as being the point at which the system is suitable for its intended use.
7.0 CHARGES FOR CONCEALED CONDITIONS
This contract is based solely on the observations BTS was able to make at the time the work of this contract was bid. If additional concealed conditions are discovered once work has commenced or after this contract is executed which were not visible at the time this contract was bid, BTS will point out these concealed conditions to CLIENT, and these concealed conditions will be treated as additional work under this contract. BTS and CLIENT may execute a change order for this additional work. BTS is released, held harmless, and indemnified by CLIENT from all pre-existing mold, fungus, mildew, and organic pathogen problems and is not responsible for costs or damages associated with correcting, containing, testing, or remediating the same.
8.0 DEVIATION FROM SCOPE OF WORK
Any alteration or deviation from the scope of work referred to in this contract involving extra costs of materials or labor (including any overage on allowance work and any changes in the scope of work required by CLIENT, CLIENT's design professional, or field building inspectors) will be treated as additional work under this contract resulting in an additional charge to CLIEN. BTS and CLIENT may execute a change order for this additional work.
9.0 BTS PROJECT PORTFOLIO
From time to time, BTS adds project images to our portfolio so that we can share these successes with others. We reserve the right to post pictures of your project as part of our portfolio and to write about it on websites, in magazine articles, and in eBooks. For your safety, when the project is in a private residence, we will not disclose the name of the owner or the address of the property without prior approval.
10.0 SMS TERMS OF SERVICE
By providing your mobile number and opting in, you consent to receive conversational SMS messages from BTS Enterprises. These messages may include service updates, appointment reminders, technical support communications, and account-related notifications.
Message frequency may vary.
Message and data rates may apply.
You can opt out at any time by replying STOP to any message. For assistance, reply HELP or contact us at:
302-428-6080
info@btstechsmart.com
www.btstechsmart.com
For more information on how we collect and use your data, please review our Privacy Policy at www.btstechsmart.com
11.0 DISPUTE RESOLUTION
We participate in the Better Business Bureau of Delaware's Membership Identification Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this contract. Upon your request, we will agree to mutually binding arbitration of certain unresolved disputes that fall within the BBB purview. There are limits to the types of claims that may be arbitrated – call the BBB (302-230-0112 x11) for more information.
12.0 CONSEQUENTIAL DAMAGES
In no event shall BTS be liable in contract, tort, strict liability, warranty or otherwise, for any special, incidental or consequential damages, including, but not limited to, delay, disruption, loss of product, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power.
13.0 LIMITS OF LIABILITY
CLIENT understands and agrees that, to the fullest extent permitted by law, BTS's total aggregate liability to CLIENT and all third parties is limited to five hundred dollars ($500.00) for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorneys' fees) arising out of this contract from any cause or causes. Such causes include, but are not limited to, BTS's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
14.0 OTHER IMPORTANT MATTERS
This contract includes all the terms and conditions agreed to by the parties concerning the subject matter hereof. All prior contracts, written or oral, are hereby revoked and terminated. If any provision of this contract is at any time held to be invalid or unenforceable, the parties agree that all other provisions of this contract will remain in full force and effect. Any modification of this contract shall be in writing and signed by CLIENT and BTS. This contract shall be governed by and interpreted under the laws of the State of Delaware, excluding its choice-of-law rules.
