Terms of installation
Legal Notices
Privacy statement
Sol Computers recognizes and respects the importance of protecting the privacy of all information provided by our clients. At times, for the services we provide, we require payment for the purchase of products or subscriptions. We collect credit card information for those purchases (such as account name, number and expiration date), which is used for our distribution centers billing purposes only, and is not otherwise shared.
Keeping the personal information we collect about you secure is one of our most important responsibilities. We value your trust and handle personal information with care. We may also access information about you when considering a request from you for additional services, honoring our agreement with you or when responding to requests as required by law.
Ownership
Any product or materials that are purchased through Sol Computers, by the client belongs to the client and any manufacturer warranties will be passed down to the client at the time of purchase.
Sol Computers offers only the highest quality of service. We stand behind our products and our services. If you're not completely satisfied, we’ll do our best to correct the problem. We also promise that no phone calls are ever routed overseas.
Disclaimer
In no event shall Sol Computers, its parent or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
Indemnity
(a) INDEMNIFICATION BY CUSTOMER. The Customer agrees to indemnify, defend and hold Sol Computers, it's owners and its agents, officers, directors, lawyers, accountants, and employees, harmless from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees and the costs of any legal action arising from the Customer's use of the Services. Such indemnification shall include, but not be limited to, claims for libel, slander, infringement of copyright, theft of misappropriation of intellectual property, or unauthorized use of any trademark, trade name, or service mark.
(b) INDEMNIFICATION BY Sol Computers. Except as otherwise herein provided, Sol Computers agrees to indemnify, defend and hold the Customer and its agents, officers, directors, lawyers, and accountants harmless from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including but not limited to, reasonable attorneys' fees and costs of any legal action (but excluding consequential damages) arising from the Customers’ gross negligence in the course of providing the Services under this agreement. In no event will Sol Computers be liable for lost or damaged data, loss of business, or anticipatory profits, or any other consequential or incidental damages resulting from the use or operation of the Services or the maintenance thereof.
*Additional provisions unless otherwise specified herein, the following additional provisions are expressly incorporated into this contract.
Contract, Plans, Specifications, Permits and Fees
The work described in this contract shall be done accordingly to the plans and the plans specifications (if any) except in the case of conflict when the provisions of the contract shall have control over both the plan and the plan specifications. All required building permits will be paid for by the Owner and obtained by Sol Computers. All other charges, taxes, assessments, fees, etc. of any kind whatsoever, required by any government body, telephone or utility company or the like shall be paid for by the Owner.
Installation
Sol Computers has the right to sub-contract all or any part of the work herein. Such sub-contractors shall be held to the terms and conditions of this agreement as if they were employees of Sol Computers.
Change Order
Should Owner, construction lender, or any government body or inspector require any modification to the work covered under this contract, any cost incurred by Sol Computers shall be added to the contract price and additional $200 surcharge will assesed for each chancge order and owner agrees to pay Sol Computers his normal selling price for any such extra work. All extra work as well as any other modifications to the original contract shall be specified and approved by both parties in a written change order. All change orders shall become part of the contract and shall be incorporated herein.
Owners Responsibility: Insurance etc.
Owner is responsible for the following (1) to see that all necessary water, electrical power, access to premises, and toilet facilities are provided on the premises (2) to provide a secure storage area on the premises for equipment and materials (3) to relocate and protect any item that prevents Sol Computers from having free access to the work area such as but not limited to furniture, appliances, fixtures, draperies, plants. In the event that Owner(s) fails to relocate such items, Sol Computers may relocate these items as required but in no way is contractor responsible for the damage to these items during relocation and during the performance of work. (4) To obtain permission from the Owner(s) of adjacent property (ies) that Sol Computers must use to gain access to the work areas. Owner(s) agrees to be responsible and to hold Sol Computers harmless and accept any risks resulting from the use of adjacent property (ies) by Sol Computers (5) to correct any existing defects which are recognized during the course of work. Sol Computers shall have no liability for correcting any existing defects such as, but not limited to, dry rot, structural defects, or code violations (6) to maintain property insurance with fire, coarse of construction, all Physical Loss with Vandalism and Malicious Mischief will be attached, in a sum of at least equal to the contract price, prior to and during performance of this contract. If the project is destroyed or damaged by an accident, disaster, calamity, by theft or vandalism, any work or materials supplied by Sol Computers in restoring the project shall be paid for by the Owner(s) as extra work.
Delay
Sol Computers shall not be held responsible for any damage occasioned by delays resulting from work: work done by Owner’s sub-contractors, extra work, acts of Owner(s) or Owner’s agent including failure of Owner to make timely progress, payments or payments for extra work, shortages of materials and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by Sol Computers or beyond the Sol Computers reasonable control.
Surplus Materials and Salvage
Any surplus materials left over after this contract has been completed are the property of the Sol Computers and will be removed by same. No credit is due Owner or returns for any surplus materials because the contract is based upon complete job. All salvage resulting from work under his contract is the property of the Sol Computers.
Clean up and Advertising
Upon Completion, Sol Computers will leave premises in a neat broom swept clean condition. Owner hereby grants to Sol Computers the right to display signs and advertise at the site for a period of time starting at the date of signing of this contract and continuing uninterrupted until fourteen (14) days past the date of the job is completed and payment in full has been made.
Hazardous Substances
Owner(s) understand that Sol Computers is not qualified as a Hazardous Material Handler or Inspector or as a Hazardous Material Abatement Sol Computers. Should any hazardous substances as defined by the government be found, to be present on the premises, it is the Owner’s responsibility to arrange and pay for abatement of these substances.
Right to Stop Work and to Withhold Payment on Labor and Materials
If, any payment is not made to Sol Computers as per this contract, Sol Computers shall have the right to stop working and keep the job idle until all past due progress payments are received. Sol Computers is further excused by Owner(s) from paying any material, equipment and/or labor suppliers or any sub-contractor (herein collectively called “suppliers”), during the period that Owner(s) is in arrears in making payments to Sol Computers for bills received during that same period. If these same “suppliers” make demand upon Owner(s) for payment Owner(s) may make such a payment on behalf of Sol Computers and Sol Computers shall reimburse Owner(s) for this amount at such time Owner(s) become current with Sol Computers for all past due payments. Owner(s) is responsible to verify the true amounts owed by Sol Computers or to those same “suppliers” prior to making payment on behalf of Sol Computers. Owner(s) shall not be entitled under any circumstance to collect as reimbursement from Sol Computers any amount greater than the exact amount and truly owed by Sol Computers to these same ”suppliers” for work done or materials supplied on Owner(s) job.
Collection
Owner(s) agrees to pay all collection fees and charges including but not limited to all legal attorney fees that result should Owner(s) default in payment of this contract. Overdue accounts are subject to interest charged at the rate of 18% per annum.
Legal Fees
In the event litigation arises out of this contract, prevailing party (ies) are entitled to all legal, arbitration, and attorney fees. The court not be bound to award fees based on any set, court fee schedule but shall if it so chooses, award the true amount of all cost, expenses and attorney fees paid or incurred
Limitation
No action arising from or related to this contract, or the performance of this contract, shall be started by either party against the other more than two(2) years from the date of completion, or the date of cessation of work under this contract. The limitation applies to all action of any character. Negligent misrepresentation or unintentional concealment shall not extend this limitation.
Notice
Any notice required or permitted under this contract may be given by ordinary mail at the address of both parties contained on page one of this contract. This address may be changed from time to time by written notice given by one party to the other. After notice is correctly posted and deposited in the mail, it shall be deemed received by the other party after one (1) day.
Arbitration of Disputes
Any controversy or claim arising out of or relating to this proposal/contract, or the breach thereof, shall be settled by arbitration in accordance with applicable Rules of the American Arbitration Association which are in effect at the time the demand for arbitration is filed. Any judgment upon the reward rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration award shall be subject to correction and/or vacation for the reasons stated in the Code of Civil Procedure. The arbitrator shall award reasonable attorney fees and expenses to the prevailing party. After being given due notice, should any party fail to appear and/or participate in the arbitration proceedings, the arbitrator shall make an award based upon the evidence presented by the party(ies) who do(does) appear and participation, notwithstanding Sol Computers’ right to arbitrate, Sol Computers does not waive any of Sol Computers rights.
Agreement
Estimated time of completion will be approximately one week but no greater than one year after signing of the contract. Please note that completion time does not include any delays brought upon by 3rd party delays or in the delays caused by the client, such as a change in the scope of work.
*Please note that Sol Computers is not responsible for the functionality or installation of any equipment provided by the client outside of the scope of this contract.
In consideration of this contract, the client shall pay Sol Computers for all of the materials at the signing of this contract. The remaining balance will be due at the completion of the installation. The down payment is refundable if the client decides to terminate the project for any reason and hours worked will be billed at $175 per hour per technician.
By signing both parties agree to the aforementioned price quote, terms & conditions.