SERVICE AGREEMENT

THIS IS A LEGAL CONTRACT BETWEEN YOU AND BIG BEN MOUNTS, INC. ("Big Ben Mounts").  READ THIS AGREEMENT CAREFULLY.

 

SERVICES TERMS
This Agreement shall set forth the terms and conditions under which Big Ben Mounts shall provide you with services you have agreed to purchase. Big Ben Mounts reserves the right to have a third party perform Services.

YOUR RESPONSIBILITIES PRIOR TO PERFORMANCE
Prior to scheduling installation Services, it is your responsibility to ensure:
(a) that the product to be installed and all items necessary for installation are available to the technician and are located in the immediate area where the installation is to take place; and
(b) that the physical installation site is adequate to properly house the product and any components.

SCOPE OF WORK
Scope of work includes what is necessary to perform installation services as described in the installation packages page, invoice, or project estimate incorporated by reference to this Service Agreement. Unless mutually agreed upon in writing, scope of work does not include any adjustments, changes or reinstallation once product is installed, including, but not limited to, adjustments to placements of television and/or other equipment upon initial placement. Additional charges apply for such changes.

PAYMENT FOR SERVICES
Payment for Services (and related products) is due upon completion of performance of such services. You hereby agree and accept that Big Ben Mounts is authorized to use your credit and/or debit card for the purpose of charging you for all fees and applicable taxes associated with your purchase of services.

ADDITIONAL CHARGES
Installation technicians will provide an estimate to you prior to performing work that requires an additional charge. Additional charges, fees and expenses may apply if you request work that is outside the scope of work or if your location is outside our installation coverage area. You may purchase such additional services C.O.D. by cash or credit card only.

INSTALLATION AUTHORIZATION
Someone at least 18 years of age must be present at all times on the day of installation to approve all work completed.
RESPONSIBILITY 
Big Ben Mounts installers will not be held responsible for moving any furniture or valuables.
 
SAFETY OF OUR WORKFORCE
To ensure the health and safety of our employees, Big Ben Mounts reserves the right to refuse or reschedule work due to unsafe conditions which includes, without limitation, extreme temperatures, code violations, natural disasters or the existence of other hazards.
 
CONDITIONS EFFECTING INSTALLATION SERVICES
Big Ben Mounts shall not be liable for any failure or delay in performance due to any cause beyond its reasonable control. If Big Ben Mounts ability to render Services is impaired by your failure to cooperate or circumstances beyond the reasonable control of Big Ben Mounts, Big Ben Mounts may choose not to provide Services.

DISCLAIMER
Big Ben Mounts shall not guarantee that installation services involving lath and plaster walls will not result in cracks. Big Ben Mounts will do everything in its reasonable power to eliminate the possibility of such cracks, but due to the nature of that type of material/surface, Big Ben Mounts cannot be responsible for any resulting damage to walls.

SERVICE RETURNS CANNOT BE ACCEPTED AFTER SERVICES ARE COMPLETED.

WARRANTY
A one-year limited workmanship warranty on all labor is included with installation services. A Big Ben Mounts Installer will correct any material defects in the workmanship of the installation services purchased if reported to Big Ben Mounts within one (1) year of the date the services were completed. This warranty does not include any warranty on parts or equipment. The manufacturer of the products installed by Big Ben Mounts, or the retailer from which you purchased such products, is solely responsible for all warranties, if any, related to such products. Warranty is void if customer makes any changes to the system configuration or installation. Additional charges may be assessed if the outcome of the service call is determined not to be due to a defect in workmanship.

LIMITATION OF LIABILITY & RELEASE
Except for direct property damage that results from Big Ben Mounts gross negligence, under no circumstances shall Big Ben Mounts be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability arising out of, or related to, the services provided by Big Ben Mounts or the installation, un-installation, use of or inability to use your products. Further, by purchasing and allowing the performance of installation services by Big Ben Mounts you agree to release and hold harmless Big Ben Mounts against any loss, liability or damage that you or the owner or lessee may suffer, included but not limited to any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.).

ENTIRE AGREEMENT
This Agreement constitutes the sole and entire agreement between Big Ben Mounts and you as it relates to installation Services.

FORUM JURISDICTION
These terms, and your purchase of Services, shall be governed in all respects by the laws of the State of California., without regard to choice of law provisions You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these terms or the services shall be in the state or federal courts located in California, which will have exclusive jurisdiction over the dispute and to which jurisdiction the parties irrevocably submit.

WAIVER OF JURY TRIAL
Both parties to these terms hereby waive any right to trial by jury they may have related to any dispute, claim or cause of action that may arise from or is a result of these terms or installation Services. Any cause of action or claim you may have with respect to these terms or the Services must be commenced within two (2) years after the claim or cause of action arises. Big Ben Mounts failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

MODIFICATION
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms.

ASSIGNMENT
Big Ben Mounts may assign its rights and duties under these terms to any party at any time without notice to you.

INVALIDITY OF TERMS
If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect.