Terms and Conditions
These Installation Terms shall set forth the terms and conditions under which shall provide you with the installation and product services described on this invoice.
Scope of Work:
Please reference the estimate/invoice for the applicable consultation or service details.
Limited one year Warranty:
Smart Installs Inc. installations are covered by a one year labor limited warranty. We guarantee that the installation will remain free from defect for a period of one year from the date of installation. We will correct any defects in the workmanship of the installation if reported to us within one year. Smart Installs Inc. limited warranty does not warranty products installed by outside technicians.
The manufacturer or retailer of the product is solely responsible for the warranty for the product installed by Smart Installs Inc. We can and will facilitate any warranty claims on the products purchased through Smart Installs Inc. A nominal servicing fee to remove and re-install the defective product will be applied.
Any modification to the installation performed by Smart Installs Inc shall void both product and installation warranties.
Your failure to use or operate equipment installed by Smart Installs Inc., failure of product, environmental problems such as floods earthquakes or other acts of god, misuse, errors or negligence in operating the product, Smart Installs Inc. shall not be held responsible to correct any defects in workmanship and or labor.
Payment for installation Services and Products:
Payment for products is due prior to installation taking place.
Payment for installation is due 30 days from installation completion.
By accepting this invoice, you here by agree and authorize Smart Installs Inc. to use your credit card for purpose of charging you for all fees and taxes associated with your purchase of Smart Installs Inc. installation services and products.
If payment is made by check, products will be ordered once the payment has cleared.
In some rare cases installation tech will determine that work requested is outside of standard installation service scope. You may purchase such additional services payable by credit card by authorizing tech to add such additional services to the installation work order.
We recommend that you schedule installation of an internet service provider before the arrival of the Smart Installs Inc. installation tech, this enables our tech to complete the installation without a follow up visit.
Smart Installs Inc. installation technicians will not be held responsible for moving any valuables or furniture.
Someone at least 18 years of age must be present at all times during an installation to approve all work completed.
Installations do not include any parts or accessories ( wire, cable, speaker mounts or similar parts), except if specifically described on the invoice/quote.
Conditions responsibility of Installation Services:
If Smart Installs Inc. ability to render services is impaired by your failure to cooperate or circumstances beyond the reasonable control of Smart Installs Inc., Smart Installs Inc. may choose not to provide services. Service can be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, Smart Installs Inc. shall not be responsible for repairing any damage or changes made to your residence.
Smart Installs Inc. cannot and will not warrant installations on plaster walls.
We will do everything in our reasonable power to eliminate the possibility of cracks in such materials but due to nature of that type of material Smart Installs Inc. will not be responsible for any damage to your wall.
Limitation of Liability & Release:
Except for direct property damage, personal injury or wrongful death that results from our installation technician’s negligence, under no circumstances shall Smart Installs Inc. Installs 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 Smart Installs Inc. or the installation, un-installation, use of or inability to use your products. Further, by purchasing and allowing the performance of installation services by Smart Installs Inc. you agree to release and hold harmless Smart Installs Inc. 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.). EXCEPT FOR DIRECT PROPERTY DAMAGE, PERSONAL INJURY OR WRONGFUL DEATH THAT RESULTS FROM OUR INSTALLATION TECHNICIAN’S NEGLIGENCE, IN NO EVENT SHALL SMART INSTALLS INC.’S TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT THAT YOU PAID SMART INSTALLS INC. FOR THE INSTALLATION SERVICES.
Installation Service returns cannot be accepted after installation or consultation services are completed.
Smart Installs Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the physical address you have provided to Smart Installs Inc.
These terms and conditions constitute the sole and entire agreement between Smart Installs Inc. and you as it relates to Smart Installs Inc. installation services and products. These terms, and your purchase of Smart Installs Inc. services and products shall be governed in all respects by the laws of the Ontario Canada without regard to choice of law provisions. Both parties to these terms and conditions 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 the Smart Installs Inc. installation products and services. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Smart Installs Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Smart Installs Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Smart Installs Inc. Installs may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect.
End-User License Agreement: