By accepting this estimate with Maxicon, LLC (“Maxicon”), you are entering into this agreement and accepting all the terms and conditions set forth herein. The
terms contained herein shall supersedes any prior agreements and/or representations, oral or verbal.
Installation Services. Maxicon services may include the installation of equipment. If specified in the scope of work Maxicon will install the equipment at
premises. However, all required taxes, applicable permit fees adequate AC electrical power, electrical conduit, electrical raceways, junction boxes, any standard
electrical back boxes as required, suitable space for installation of equipment, core drillings, concrete and/or slab perforations, mill work, wood or cabinet work,
dray wall, patching, painting, etc. , and any other type of related work shall be provided by and shall be the sole and exclusive responsibility of the customer
(“Infrastructure Requirements”). All high-voltage panel and equipment (“High-Voltage Work”) must be installed by a licensed electrician provided by customer
or general contractor, Maxicon does not provide these services. It is customer’s exclusive responsibility to provide all Infrastructure Requirements and HighVoltage Work and to coordinate said work with customer’s own contractors, engineers, architect, and other service providers. Maxicon does not assume any
responsibility for the condition of any existing equipment, cable, wiring, and or raceways that may be used and/or reused as part of the services. The cost
of installation services is based upon work performed during regular business hours. If customer requests installation to be performed at other than regular
business hours, customer shall pay Maxicon’s then prevailing overtime-billing rates.
Taxes. All required taxes, applicable permit fees, shall be provided by, and shall be the sole responsibility of the customer.
Equipment to be used only in USA. Customer agrees that all equipment and merchandize sold by Maxicon is to remain and be used exclusively in the United
Risk of Loss. Title to and risk of loss of all equipment is assumed by customer on the date of delivery of the equipment to the customer’s premises, or at
the customer’s sole cost an expense to a storage facility designated by customer. Customer agrees that any designated storage facility shall be duly bonded,
insured, and secure. Maxicon shall have the right to refuse to deliver at a storage facility if it deems in inadequate at it sole discretion.
Software Licenses. All software is provided subject to any manufacturer’s license agreement(s) and/or end user agreement(s) that are provided with it. To the
fullest extent permissible under applicable law, Customer will be bound by all such licenses and/or end user agreements.
Payment. Customer agrees that this agreement represents a guarantee for payment of all past, present, and future, amounts due to Maxicon. In the event
customer is a legal or corporate entity, all shareholders, directors, officers and managers of the corporation, as well as any other person with actual or apparent
authority to act on behalf of the entity, shall be individually responsible for all amounts owed by customer to Maxicon. In addition, and to the fullest extent
permissible under applicable law, customer hereby grants Maxicon a security interest in the equipment and/or merchandise installed or delivered in connection
with this Agreement, until all amounts due to Maxicon are paid in full, and grants Maxicon a purchase money security interest in all goods purchased hereunder,
and in any proceeds thereof, to secure the unpaid purchase price of such goods, if any. Upon request by Maxicon, customer agrees to sign any document
required to perfect such security interest. Payment in full of all applicable invoices for the total of the price as shown on the invoice shall release the security
interest on the invoiced goods. In the event of a default of payment, customer agrees to return any equipment or merchandise to Maxicon upon demand and
any amount previously paid to Maxicon shall constitute rent for its use.
Default. Customer shall be in default by breach of any term contained herein including payment. Customer shall be responsible for any fees and/or other
expenses caused by dishonored checks, credit card charge backs, or similar fees or expenses.
Waiver. No waiver by Maxicon of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by an officer or director of
Maxicon. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a
waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise
of any other right, remedy, power or privilege.
Entire Agreement. This agreement may be amended only in writing that refers to this invoice and is signed by both parties. No representative of MAXICON LLC
has the authority to make representations or warranties not included herein.
Non-Assignment. Customer may not assign or transfer his/her responsibilities under this Agreement without Maxicon’s explicit written consent. Maxicon may,
at its sole discretion, assign any portion of this agreement without Customer’s consent.
Delays in Performance. Maxicon shall not be liable for delivery and/or performance delays, nor shall be liable for any delay in performance due to unforeseen
circumstances or to causes beyond Maxicon’s reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in
transportation and delays in delivery or inability of suppliers to deliver. By signing or acknowledging receipt of this agreement, Maxicon will not be liable for any
loss or damage resulting from delay or inability to deliver and customer agrees that this agreement may not be cancelled due to any such delay. In accepting the
merchandise into the home or business, the person accepting the items is certifying that customer has inspected the merchandise and found it to be in good
Alteration or Attachment to Equipment. Any alteration, modification, addition, improvement or attachment to the equipment (“Alteration”) not authorized
in writing by Maxicon shall be solely at Customer’s expense and risk. In the event of any such unauthorized Alterations any warranty under these agreement,
including without limitation any warranty of merchantability or fitness of use that may be implied despite our express disclaimer of any such warranty, shall be
deemed waived by you and shall be null and void, and Maxicon shall have no obligation to Customer under any such warranty, nor will Customer be entitled to
return altered goods at any time, to the greatest extent permissible under applicable law.
Maintenance. To the fullest extent permissible under applicable law, Maxicon shall have no obligation to provide maintenance, warranty or support services to
any customer unless specifically agreed in writing by Maxicon.
Miscellaneous. These terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee
relationship between the parties hereto. If any provision of these terms is found to be unlawful, void, or for any reason unenforceable, then that provision will
be deemed severable and will not affect the validity and enforceability of any remaining provision. Customer may not assign, sublicense, or otherwise transfer
any or all of his/her rights or obligations hereunder without our prior express written consent. No waiver by either party of any breach or default hereunder will
be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter
of convenience, and in no way defines or explains any section or provision hereof. Notices to Customer may be made via either email, or any electronic form, or
by regular mail.
Additional Terms. We have the right to cancel or rescind your account, as it relates to future purchases, at any time, without default, to the fullest extent
permissible under by applicable law. You will remain obligated to pay for all purchases made prior to cancellation and any charges associated with these
Governing Law and Jurisdiction. All questions concerning the validity, operation, interpretation, and construction of this agreement will be governed by and
determined in accordance with the laws of the State of Florida without regard to conflict of laws principles. The parties agree to the sole and exclusive jurisdiction
of the state and federal courts located in the county of Miami-Dade County with the respect to any disputes that arise under or related their relationship
(whether contract, tort or both) and the parties waive any defenses of forum non-convenience or similar defenses with respect to such non-exclusive jurisdiction.
The agreement represented herein shall bind customer and its heirs, executors, administrators and assigns. In the event Maxicon initiates legal proceedings with
respect to this agreement, Maxicon shall, be entitled to its reasonably attorneys’ and related legal fees and costs through any and all administrative, pre-trial,
trial, and appellate proceedings.
LIMITED INSTALLATION AND EQUIPMENT WARRANTY
1) Maxicon does not provide any warranty for equipment. Only the manufacturer may provide a warranty, and Customer shall direct any equipment
warranty claims directly at the manufacturer.
2) Maxicon only provides a limited warranty for its labor for a (6) six-month period that begins at the time of the system completion or first beneficial use,
whichever comes first. Warranty do not cover misuse, neglect, abuse, improper service or maintenance, vandalism, or acts of God. Should a problem with
the installation occur during the warranty period, Maxicon will conduct a service call and attempt to fix the problem. If Maxicon determines that the issue is
related to the equipment, customer will be responsible for any shipping costs required for a manufacturer’s warranty claim.
3) In the case of an exchange under the manufacturer warranty, Maxicon will attempt to provide the same model or the next closest replacement as
deemed by the manufacturer. In the event that a particular item is no longer available from the manufacturer, Maxicon will endeavor to replace the product
with an item of equal or superior performance, subject to client’s approval.
4) Any maintenance of equipment not covered by manufacturer or Maxicon’s warranty, within or following its expiration, will be billed at Maxicon’s then
prevailing rates for such services and will be scheduled during regular hours of operation. Maxicon will make every effort to respond promptly, however,
the client must give at least 48 hours to respond for service calls.
5) Maxicon does not cover any equipment previously purchased and/or installed by Customer, and that is not part of this order.
6) Customer understands that any applicable warranty will be voided if any unauthorized service, repair or installation is performed.
DISCLAIMER OF WARRANTIES FOR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL GOODS AND SERVICES
EXPRESSLY CONFERRED BY THE MANUFACTURER. MAXICON EXPRESSLY DISCLAIMs ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY FOR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE,
OUR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS,
REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF
BUSINESS PROFITS OR SPECIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF ANY GOODS OR SERVICES, EVEN IF ANY SUCH PARTYHAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUSTOMER AGREES THAT
TO OBTAIN A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY CUSTOMER TO US, LESS ALL SUMS, IF ANY, CUSTOMER OWES US.
1) Maxicon does not perform carpentry, drywall, or painting as a result of installation.
1) Any returns, other than those as result of incorrect design by MAXICON LLC, will be allowed only by authorization of the manufacturer, and will be subject
to the manufactures terms, such as requirement of original packaging and original condition. Any restocking fee (including tax and freight) required by
manufacturer will the sole and exclusive responsibility of the Customer.
1) Any changes made after this proposal is accepted and once the equipment has been purchased will be treated as a Change Order. Change orders can be
requested either in person, or by phone, email or by text message. Change orders will be treated as a separate estimates and will be added to the payment
summary, but continue to be governed by the terms contained herein.
MAXICON LLC shall not be held liable in case of:
1) Fire, short circuit, flood, lightning, hurricane, misuse or improper handling of equipment by customer, resulting in accident.
2) Any damage as result of improper use of, or containment of equipment due to inadequate ventilation, resulting in fire or heat damage.
3) Any incorrect physical measurements made, designed or built of custom furniture that is intended for enclosure of equipment defined in this agreement,
unless and signed off by authorized MAXICON LLC designer.
4) Any complications or delays as a result of improper or insufficient work performed by others not sub-contracted by MAXICON LLC such as: pre-wire, CCTV,
satellite, antennas, alarm systems, telephone, HVAC systems or other areas of construction preceding or following MAXICON’S LLC scope of work.
5) Wiring, connection or performance of equipment not provided and installed by MAXICON LLC.
6) Delay on delivering or installing the goods and services mentioned in this agreement caused by others.
7) Alarm monitoring
8) Hacking of your system and/or network
CUSTOMER’S deposit is NON-REFUNDABLE. If customer cancels this Agreement for any reason prior to the completion of the services, customer will be subject
of a minimum charge of 75% of the estimate, and shall be responsible for any losses and administrative costs. All credit card payments are subject to a 2%
handling fee. Special orders products remain not refundable.
** The prices on this estimate can be guaranteed only for 30 days from the day the estimate is sent either by email or handed in
** Prices are subject to change if vendors increase cost of products, including tariffs; unless at least 80% of payment of the each
particular estimate has been received by Maxicon.
** Changes in Sales Taxes or any other tax applicable will affect the estimate total.
TERMS OF PAYMENT
• PRE WIRE INVOICES
50% Deposit is required to begin purchasing the materials needed for the job/
30% will be required as soon as pre-wire in completed.
20% will be required as soon as Rough Inspection is passed.
• EQUIPMENT & OTHER INVOICES (NOT SERVICE CALLS)
50% Deposit is required to place an order.
30% will be required once the items have been received in our warehouse.
10% will be required while installation is being done (“ Substantial Advance”).
10% will be required upon project delivery.
• SHADES INVOICES
60% Deposit is required to place an order.
30% will be required once the items have been received in our warehouse.
10% will be required upon project deliver.
• LIGHT-FIXTURES INVOICES
70% Deposit is required to place an order.
30% will be required once the items have been received in our warehouse.
• CHANGE ORDER INVOICES
80% Deposit is required to place an order.
20% will be required upon project delivery.
• TV ORDERS AND EQUIPMENT ONLY INVOICES
Client acknowledges and accepts this agreement with:
– Accepting the estimate once sent by PORTAL
– Digital signature of the PDF file
– Paper signature of the Estimate
– Sending an email noting the acceptance of the agreement with the estimate number
No additional terms in this agreement.
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