Standard Terms and Conditions of Quotation and Contract of Sale

In this document Division 27 Cabling Group, LLC will be referred to as ‘The Company’ and the legal entity to whom the quotation and/or invoice is addressed will be referred to as ‘The Customer’.

All goods and services purchased will be referred to as ‘Services’. Services from The Company are sold subject to the following terms and conditions of sale and shall prevail notwithstanding any other documentation, terms and conditions and/or anything else except a written agreement signed by The Customer and The Company, except only for such terms as are implied by or under any law and which cannot be excluded.

Contract and Acceptance

1. Every proposal is an estimate and is subject to withdrawal, correction, amendment or alteration at any time prior to The Company’s acceptance of The Customer’s order.
2. Any variation made by The Customer to the goods or services or variations to the site or other conditions or events that occur before or during the performance of works will incur extra costs.
3. The Company will only recognize Division 27 Cabling Group written Proposal as the only documentation for the supply of goods and/or services. No verbal proposals or instructions will be accepted.
4. All orders for goods and/or services are supplied strictly on The Company’s terms and conditions to the total exclusion of anything to the contrary contained in The Customer’s order form or other documents.
5. Any instructions from The Customer to The Company for the supply of goods and/or services and the acceptance of them will constitute the acceptance of The Company’s terms and conditions contained herein.

Price and Payment

1. The Customer shall be liable for the total cost of the contract irrespective of any arrangements made between them and any other parties regarding contributions.
2. The Customer shall not withhold any monies owing to The Company as retentions or default, alleged default or any other reason unless specified.
3. Original proposal is valid for 30 days upon receipt. All jobs accepted after said 30 days are subject to a proposal resubmittal.
4. Terms of payment require the payment of:
   1. Full Payment, as shown on the quotation, on the placement of the order by The Customer within 15 days of receipt of invoice.
   2. Deposit of 60% of total sale for parts and labor of projects may be required by The Company before an approved project begins.  The Company will inform The Customer whether the project requires the deposit of 60% before approval.  Deposits will be refunded to The Customer, less a restocking fee for parts and labor.
5. Progress Payment on day nominated by The Company for the delivery of identifiable parts of the Products completed by The Company and The Customer shall provide a payment schedule with 7 days after submission and shall pay Progress Payment with 15 days of submission date.
   1. Final Payment or lump sum payments including any extras upon the completion of works shall pay in full within 15 days of receipt of invoice, less any deposit paid.
6. The Company shall be entitled to render to The Customer progress claims based on the pro-rata value of works completed for projects which extend more than 7 days. Payment of such claims are to be paid by The Customer within seven (7) days from The Company’s invoice.
7. The company reserves the right to cease work until any outstanding claims have been paid in full.
8. If payment by credit card is accepted by The Company, The Customer agrees to pay the credit card fee’s as an extra up to 3.5%.
9. Interest on overdue invoices will be charged at 1.5% per month for 18% per annum rate on the invoice. A monthly Account Maintenance Fee will also be added to any outstanding debt.

Default

1. The Company can demand immediate payment of any or all amounts owed even if they are currently due for payment if The Customer becomes insolvent, proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors or a receiver, manager, liquidator or similar person appointed in respect of the customer or any of The Customer’s assets.
2. The Customer will be responsible for any debt collection costs.

Work Schedule and Project Location

1. At the time of acceptance of proposal, The Customer shall submit to The Company the proposed work schedule for the execution of Services. If The Company agrees to the work schedule, it shall form part of the contract and shall not be varied except in accordance with these terms. If a work schedule is not submitted or agreed upon, the contractor shall complete Services within a time which is reasonable in all circumstances.
2. The Customer shall give The Company sufficient access to the site to enable Services to commence. Access is denied and/or restricted to locations needed for Services as scheduled may incur additional costs.
3. Typical business hours are based on a 40-hour week between the hours of 7:00 am and 5:00 pm Monday through Friday. Any times outside of business hours are to be considered off-hours and may be billed additionally per hour.
4. Services performed outside a 30-mile radius from The Company address: 2001 W. Slaughter LN, STE 127-527; Austin, Texas 78748 are subject to a Trip Fee based on mileage and labor costs.

Sub-contracting

1. We may sub-contract any of our obligations under this agreement to a third party, provided that:
   1. If we Sub-contract any obligations:
      1. We ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;2. We will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of those obligations; and
      2. We will be liable to you for the acts and omissions of our sub-contractor, as if these acts and omissions were our own; and
   1. Our obligations in relation to the design or installation of Services can only be sub-contracted to an accredited installer other than The Company.

Warranty

The Company will warrant any goods that form part of The Services under The Customers order for a period of 6 months or the length of the Manufacturers’ Warranty, whichever is longer. The Company will warrant the labor elements of The Services under The Customer’s order are of satisfactory quality for a period of 12 months from delivery of The Services. The Company will not be liable for any claims under this Warranty where the goods are found to have been altered, moved, used and/or stored other than in accordance with the Manufacturers’ guidelines or misused in any way, or where any faults are as result of general wear and tear. Requests to return to the site of The Services to repair/replace items under this warranty which are subsequently found not to be faulty of the faults in which are not as a result of action or inaction of The Company will result in service call fee and labor charges at our then-current rate.