Installation Services - Terms and Conditions
SmartVolt is ‘technology made simple’. We’re here to help with your TV, home theater, computing, home wired and Wi-Fi networks, connected devices, smart home automation, and more.
For clarity, the words “you” and “your” refer to the person purchasing or receiving service(s), and the words “we,” “us,” and “our” refer to SmartVolt LLC and independent third parties performing services on our behalf. By purchasing or receiving service you accept these terms (the “Terms”). Our employees and agents have no authority to alter these Terms.
1. Adult consent / authorization. An adult at least 18 years old must be present to
authorize and approve all work completed. You confirm we have the right and are allowed to do the work you requested at the premises (e.g., you’ve received any necessary permission from a landlord or homeowner’s association).
2. Safety. We need a safe working environment and reserve the right to refuse or reschedule service due to conditions we find dangerous or unsafe, including but not limited to possible code violations, extreme temperatures, natural disasters, or other hazards—real or perceived.
3. 3rd Party Contractors. The services may be performed, at our discretion, by either our own employees or one of our authorized, independent 3rd Party Contractors. We require our contractors to conduct a background check on any person they hire who would enter your home.
4. Access / workspace conditions. We will need (1) access to your residence or place of business, as applicable, and any product you have ordered service for, (2) your cooperation with any of our questions or requests, and (3) electrical power. Some services may not be performed if minimum system requirements are not met, technical issues are encountered (such as wiring or overcoming physical / technical barriers), or requirements are unusual or extensive, as determined by us. You are responsible for clearing the work area prior to our arrival. Service may be denied, and a cancellation fee charged if we arrive for an appointment and no adult is present or if we determine we do not have appropriate access or cooperation from those on site. If our ability to render service is impaired by you or circumstances beyond our control, we may elect to not provide service. For any uninstallation service, we are not responsible for repairing any changes made to the premises. We will not disassemble or break down product for haul-away service even if necessary for removal.
5. Repair services. We may use new or rebuilt replacement parts or replacement products that perform to the factory operational specifications of your product. Parts that are shipped to your home in advance of a repair service appointment remain SmartVolt property until we use such part to complete the service. Additionally, products and parts that are replaced become SmartVolt property, except where prohibited by law. You will pay for services (including parts and labor) that you request if not covered by a product warranty or service contract.
6. Labor only. Except where specifically stated, parts and accessories (e.g., cables, cords, wall plates, hardware) are not included. Labor beyond the scope of work for a service may incur an additional charge, which our Agents may or may not be able to perform.
8. Estimates / added costs / credit card on file. We will provide an estimate for work to be done where service was not already purchased or an added cost (e.g., missing parts) beyond the purchased service is required. Added costs may apply to orders where the service required exceeds the scope of work for services purchased or service is performed outside the standard service area as called out during the scheduling process. You agree to pay up to the estimate amount. After evaluation, but before service begins, we will obtain your approval for services that exceed your estimate. If you paid for your service with a credit card, we will keep your secured card on file to be used for those added costs. In limited situations, added costs may be payable by use of an alternative credit card or check. We do not accept cash in the home, unless approved in advance with Seth Gatewood.
9. Permits. You agree to obtain any necessary permits required for us to perform the work. We may, at our discretion, obtain any necessary permits on your behalf and charge you for the cost of any permit fees.
10. Nonrefundable charges. Delivery fees, where applicable, are nonrefundable once delivery is completed. All other service fees (e.g., setup, installation, repair) are nonrefundable once service begins.
11. Premises modifications. Where we must make an access hole (e.g. running cables, moving wiring) in order to complete your requested installation, we are not responsible for repairing the access hole – including, but not limited to, any patching, covering, painting, or texturing work. Note that installations on plaster surfaces may result in cracking/chipping. We will use reasonable efforts to eliminate that possibility but are not responsible for chipping/cracking that may occur from our service.
12. Changes / Cancellations. You must notify us of any change or cancellation at least 48 hours in advance of your scheduled appointment. We may cancel an order if, due to no fault of our own, service has not been completed or rescheduled within 15 days
of placement. Cancellations with less than 48 hours notice will incur a cancellation fee of $150.00.
13. Cable / satellite / internet. Cable/satellite/internet installation should be finished before our service, so we can ensure proper integration. We are not responsible for signal strength or degradation due to faulty equipment or lines. If you have cable / satellite / internet installation after our service that modifies any part of our work, we can reestablish system functionality per the original installation scope of work for our hourly rate of $95 / hour (with a minimum charge of $149.00).
14. Outlets. You must have electrical work (e.g., additional outlets) performed before our service unless that electrical work is described in our scope of the work.
15. PC / tablet / mobile device use. Some services may require access to your PC/tablet/mobile device. We may use tools we find necessary for diagnostics / repair, including remote access. We may install software that lets you obtain additional
technology services. We may ask for the username/password for your device to perform the requested work; you can change your password after service is completed. For software installations we may accept End User License Agreements on your behalf.
16. Your data / software. When conducting services on a product that contains data, we take precautions to ensure that your data remains safe and secure. However, on rare occasions, data can be lost, altered or corrupted while we carry out our services. Therefore, we recommend that you first back up your data before service OR REQUEST DATA BACK-UP SERVICE FROM US. Data back-up service may not be available on all products. In any case, we won’t back up your data unless you specifically request
it before service begins and pay an additional fee. If your data is lost as a result of our service, we may attempt to recover your data at our cost. If any attempt on our part to recover the data is not substantially successful, and the data loss was caused by our fault,
as your sole and exclusive remedy, we will efund the cost of the applicable service and further compensate you a reasonable amount based on the circumstances up to $100.
17. Delays. We will try to complete service as quickly as possible, but we are not responsible for delays caused by factors beyond our control.
18. Removal. If we remove your product for service and damage / loss occurs while in our custody, you are entitled to repair, replacement, or refund of its fair market value, as determined by us. Replacement may be made with a product of comparable
quality and features.
19. Labor warranty. We provide a 2-year workmanship warranty on applicable services except virus / malware removal (for which there is no warranty). For software repairs, the software must not have been tampered with to qualify for the workmanship warranty. If a service call is needed within the warranty period, there will be a $149.95 deposit plus applicable taxes at the time of scheduling which will be refunded to you if we determine that there was a defect in our workmanship. This warranty begins from the date of service completion.
20. Photos / videos. In situations where it is necessary or warranted, we may take, transmit, and / or use photos / video of your product(s) (including its contents, connected products, accessories and surroundings) for service, claim, and / or quality assurance purposes.
21. Title to Products. Risk of loss and title for products passes to you upon delivery to you except that we will be responsible for any product damage that we cause prior to the completion of our installation and setup services, if applicable.
22. Disclaimers and Limitations of Liability. To the fullest extent permitted by applicable law, (1) except for the labor warranty in these terms we make no affirmative warranties and grant only those warranties implied by law that cannot be excluded by contract under state law; and (2) we are not liable for any incidental, indirect, special, or consequential damages—including but not limited to loss of use, lost profits / business, data loss (subject to section 16 above) or corruption, data recovery / recreation, or other intangible damages arising from service. These limitations do not limit or exclude liability for gross negligence, intentional misconduct, or fraud.
23. MANDATORY ARBITRATION: Any. controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties will share the cost of arbitration equally.
As a condition precedent to the filling of an arbitration claim, the parties agree to first mediate any claims between them at the American Arbitration Association. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claim in arbitration. The parties will share the cost of mediation equally.
The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.
24. Any dispute between the parties which arises out of the terms of this Agreement and/or any of the work performed shall be heard in arbitration before the American Arbitration Association in New Mexico, unless otherwise agreed to by the parties.
25. SmartVolt, LLC assumes no responsibility for damages by others, either direct or consequential, that may result from accidents associated with the design, installation, and operation of the sound and video equipment listed herein. Prices contained in this proposal are valid for 90 days. Any changes to this proposal will be submitted in writing for approval.
26. NO HIRING OF SMARTVOLT AV PERSONNEL ~ You and your affiliates hereby agree that Client and Client's affiliates shall not, without the prior written consent of an authorized SmartVolt, LLC officer (which consent shall be in the sole and absolute discretion of SmartVolt, LLC) hire any SmartVolt, LLC technician or personnel during and for a period of two (2) years from the expiration or termination date of this Warranty.
27. This is the entire Agreement between the parties. This Agreement between the parties hereto supersedes all proposals, agreements oral or written, and all previous negotiations and other communications between the parties. The terms and conditions of this Agreement cannot be modified or waived except in writing signed by the party to be charged thereby. A waiver by SmartVolt, LLC or Client of any provision hereof in any one clause shall not constitute a waiver as to any other clause.