Standard Contract

EASTSIDE A/V, LLC

CONTRACT FOR SERVICES

            This CONTRACT AGREEMENT ("Contract") is entered into this______day of___________20_____. 

1.  PARTIES

This Agreement is made and entered into by and between Eastside A/V, LLC, herein after referred to as "Eastside A/V" and ____________________________________, herein after referred to as "customer." 

Eastside A/V hereby covenants and agrees to perform the work as agreed by the parties at the home or business located at the following address: ________________________________________________.

2.  GENERAL PROVISIONS

            The customer and Eastside A/V agree to proceed on the basis of trust, good faith, and fair dealings.  Eastside A/V represents and warrants that it has the expertise to carry out the work (as hereinafter defined).

            This Contract is solely for the benefit of the parties hereto.  This Contract represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral.  The parties hereto agree to look solely to each other with respect to performance of the Contract.  This Contract may be amended only by written instrument signed by both parties. 

            The following shall be the condition precedent to this Contract, Eastside A/V will furnish customer with a design and quote before commencement of the project.  Costs and payments associated with this design and preliminary quote is detailed in paragraph number 4.    

2.  SCOPE OF WORK

            Eastside A/V will furnish customer with design, installation, sale and or dismantling of home theatre system.  All of the work is to be completed in a substantial and workman like manner according to the standards and practices for the sum of $_____________. 

            After initial home consult visit, Eastside A/V will furnish customer with a Final Itemized Estimate for the project(s) along with Final Design and recommendations. 

3.  TIMING

            Work to commence on or before (date)___________________________.

            Substantial Completion on or before (date)________________________.

            Full Completion on or before (date)______________________________.

            All time limits stated in this Contract are of the essence.  Notwithstanding the foregoing, any delay in Substantial Completion or Full Completion of the work (as the case may be) in accordance with the Contract documents will be considered an excusable delay  if arising from causes beyond Eastside A/V's control and not reasonably foreseeable by Eastside A/V with the use of Eastside A/V's best professional efforts.  Excusable delays include but are not limited to such events as labor disputes, unavailability of materials, delays in obtaining materials, fire, natural disaster, unfavorable weather conditions, delay in customer processing proposed changes, or delays in information provided by the customer.

4.  TERMS OF PAYMENT

A nonrefundable ten percent (10%) of Project Scope Estimate is due upon customer's decision to hire Eastside A/V.  In the event the project scope estimate has been overly estimated, any remaining sum may be put towards any product purchase within thirty (30) days of initial deposit collection. 

Upon receipt of Final Design, Final Estimate and Signing of foregoing Contract, customer shall pay Eastside A/V (a minimum) fifty percent (50%) of cost for standard items, and one-hundred percent (100%) of cost for special order items.  Any remaining deposit from home consult and Project Scope Estimate may be used as partial payment.

Upon delivery of standard items and prior to commencement of installation, customer shall pay the remaining pending balance. 

Installation and Programming labor of one-hundred dollars ($100) per hour are billed on a weekly basis or at the time of project completion, whichever comes first.  Payments not made within 10 days of presentation of a bill for payment by Eastside A/V shall be deemed late and additional charge of 5% shall be added to the payment due. Customer shall be in default if any payment due is not paid within thirty (30) days of due date. Upon default Eastside A/V may stop all work and be entitled to recover the full amount due on under the Contract.

Control system (and all its components) is the sole property of Eastside A/V until the time final payment has been received, at which point possession of ownership is transferred to the customer and a final itemized invoice is provided to customer in person or by email.

5.  CHANGES IN WORK

            Any alterations or deviation from the agreed-upon specifications involving extra cost of equipment or labor will only be executed upon written orders of the same, and will become an extra charge over the sum mentioned in this Contract. 

            Any modifications to design will incur either a flat charge of one-hundred and fifty dollars ($150) if modification and re-design will require less than two hours to complete.  Any modification and re-design which will require more than two hours to complete, will be charged at an hourly basis of eighty dollars ($80) per hour.

6.  STANDARDS OF WORK

            Prior to the commencement of installation, and at all times during project completion, customer shall provide and maintain a clear and accessible work area.

            Upon request, Eastside A/V will remove and dispose of any debris and/or system shipping containers. 

7.  GURANTEES AND WARRANTIES

            Eastside A/V shall not be considered in default if performance of its obligations hereunder is prevented or delayed by acts of God or government, labor disputes, failure or delay of transportation, or by vendors or subcontractors, or any other similar cause or causes beyond the reasonable control of Eastside A/V.  Time of performance by Eastside A/V's obligations hereunder shall be extended by the time period reasonably necessary to overcome the effects of such occurrences. 

            Eastside A/V "designed, sold, and installed systems" consist of systems which have been fully designed with all new components, cabling and accessories recommended, sold, and installed exclusively by or under the direction of Eastside A/V and its agents.  Exceptions to this primarily include Cable or Satellite Company provided digital converter boxes (or other specific devices as noted at the time of this Agreement signing). 

I.          Product Warranty

            Eastside A/V is not responsible or liable in any way for defects in the product or equipment, parts or materials used in connection with the services.  Products, equipment, parts or materials shall only be warranted by the manufacturer of the products or other equipment or parts, and any claims arising from such defects shall be made solely against the manufacturer. 

II.        Extended Warranty

            Eastside A/V offers an added protection through Warrantech.  Extended warranties cover a broad range of products with up to five (5) years of additional coverage.  Upon request, Eastside A/V will provide customer with a quote for such an extended warranty.  Extended warranty must be purchased within thirty (30) days of the date of product delivery.

II.        Installation Warranty

            Eastside A/V warrants to customer only that the installation will be performed in a good and workmanlike manner in accordance with any installation requirements of the manufacturer for a period of twelve (12) to eighteen (18) months from the day of installation at no additional charge to customer. 

Unless otherwise specified in writing, Eastside A/V designed, sold, and installed systems will be covered for a period of eighteen (18) months for service calls and Manufacturers warranty work at no labor cost, but trip charges may apply. 

            Eastside A/V designed, sold, and installed systems qualify for loaner equipment within the eighteen (18) months period (when available, excluding display devices).  Phone and email support will be provided at no additional charge. 

            Unless otherwise specified in writing, systems installed by, but containing some or all equipment not purchased from Eastside A/V will have a twelve (12) months Installation Warranty period for trouble shooting via phone or email support only.  If the issue to be troubleshot requires an in-home service call AND is caused by non-Eastside A/V provided equipment, the in-home service call will be billed at the standard one-hundred dollars ($100) per hour rate (plus applicable trip charges).  See attached price sheet.

Loaner Equipment

            Loaner equipment, when available, may be provided to ease client service issues.  Loaner equipment requires a prepaid deposit (which may be used as a rental fee for clients who have non-Eastside A/V designed, sold, and installed systems).  See attached price sheet. 

            Except as provided in this section, the service is provided "as is."  Eastside A/V makes no other limited representations or warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for particular purpose.  Eastside A/V expressly disclaims all other warranties. 

8.  DEFAULT BY CUSTOMER

            In the event that (a) the customer does not perform its obligations under this Contract in accordance with the terms of this Contract and had not corrected the default within three (3) days of written notice by Eastside A/V, or (b) the customer becomes bankrupt or makes a general assignment for the benefit of creditors, or if a receiver of the customer is appointed, or (c) if the work is stopped as a result of a court order, then Eastside A/V may cease work and treat the Contract as repudiated forthwith on the occurrence of such default.  In such event, an accounting shall be made between Eastside A/V and the customer, and Eastside A/V shall be entitled to payment for such parts of the work as are completed at the time of the default.

9.  DEFAULT BY EASTSIDE A/V

            In the event that (a) Eastside A/V does not perform the work in accordance with the terms of this Contract and has not corrected the default within _____days of written notice by customer, or (b) Eastside A/V becomes bankrupt or makes a general assignment for the benefits of its creditors, or if a receiver of the Contract is appointed, then the Eastside A/V may finish the work  in accordance with the plans and specifications as Eastside A/V may deem expedient, but without undue delay or expense.  In such an event, Eastside A/V shall not be entitled to any further payment under this Contract, but upon completion of the work, an accounting shall be made between Eastside A/V and the customer.  If the unpaid balance on the contract price shall exceed the expense of finishing the work, the customer shall pay Eastside A/V for such parts of the work as were payable or completed at the time of the default.  However, if such expense shall exceed such unpaid balance, Eastside A/V shall pay the difference to customer. 

10.  NOTICE OF RIGHT TO CANCEL

            Customer may cancel this transaction, without any penalty or obligation, within 24 hours from the below date.

            Should customer cancel this transaction after the 24 hour grace period, and after product order has already been made by Eastside A/V, customer shall be reimbursed eighty percent (80%) of standard items cost.  Eastside A/V will not reimburse customer for any special order items.   

11.  EXPENSES

            Eastside A/V shall receive reimbursement for travel and other expenses identified in advance of commencing work.  Such expenses may include, but are not limited to, airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel.  

            To receive reimbursement of travel expenses, Eastside A/V will provide customer with breakdown of authorized expenses, identifying what was expended and when. 

12.  DAMAGE TO WORK

            In the event work already performed is damaged by any cause beyond Eastside A/V's control, all work necessary to replace work already performed shall be considered additional work to be paid for by the customer as additional work. 

            THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON.

            THE UNDERSIGNED ACKNOWLEDGES THAT BEFORE SIGNING HE HAS READ, UNDERSTOOD, AND RECEIVED A COMPLETED LEGIBLE COPY OF THIS CONTRACT AND A LEGIBLE COPY OF EVERY OTHER DOCUMENT REFERENCED, AND AGREES TO BE BOUND BY ALL THE TERMS THEREOF. 

RESPECTFULLY SUBMITTED BY:

______________________________________________                     ________________________

BRYAN LEVY OF EASTSIDE A/V                                                 DATE

ACCEPTED BY:

______________________________________________

PRINT NAME

______________________________________________                     ________________________

SIGN NAME                                                                                    DATE