PAC System Product and Installation Contract

  1. Upon acceptance of this proposal, a deposit of 50% of the equipment price plus 50% of the labor estimate is due. The remaining balance of the equipment price and another 40% of the labor estimate are due on delivery of the equipment, before installation. The final 20% of the labor estimate plus any agreed-to change order costs and unforeseen labor and installation overruns (up to 20%) are due on job completion. In each case payment may be made by check or credit card. The credit card number will be kept on file to facilitate payments if you wish.
  2. PAC will keep the final Labor and Parts charges to no more than 20% above the estimate you were given; even if the time or materials overrun due to unforeseen circumstances. The remaining labor charges including those for additional approved work and those due to unforeseen overruns (up to 20%), will be invoiced on completion of the work.
  3. We will coordinate with you and others whom you specify to set an installation start date. If we are prevented from starting for more than 14 days from that date because the site is not ready, the balance of the equipment price will be due and will be billed to your credit card unless a check for the amount is received.
  4. Occasionally when there are special functional requirements or there is a need for the product to fit specific cabinet or other space, PAC will order products earlier than typically required by the project. This is to protect against a manufacturer making changes without notice. You will be advised about such products and may be asked to pay for them in full when they arrive at PAC. PAC will store them safely until needed in the project.
  5. All invoices are due when presented. Any unpaid balance will be subject to an interest charge of 3 percent (3%) per month if not paid within five (5) days of the invoice date.”
  6. PAC warranties are spelled out below. We endeavor to respond to calls for service in a way that assures the full use of your system. However, service will be withheld from accounts with unpaid balances.
  7. Installations and service calls are performed Monday-Friday. Saturday and Sunday are available at an increased rate.
  8. As our schedule is typically filled far in advance, we require a minimum of three (3) weeks notice to respond to any request for pre-wire, trim, or final installation work. Please plan your schedule and have your general contractor, cabinetmaker, etc., coordinate their plans with us.
  9. If PAC is installing/reinstalling equipment that you already have we will not be responsible for the condition or operation of that equipment. Equipment that was previously sold by PAC will continue under the warranty that began at the time of the sale.
  10. If PAC is to utilize existing wiring we must first inspect and test it. If the wire was installed by others, PAC will advise you regarding whether changes are necessary. PAC will make the change with your approval at our standard rates. Only the work performed by PAC will be warranted. If PAC did the existing wiring then the lifetime warranty will continue.
  11. Services such as cable, satellite and fiber optics are outside of PAC control. Accordingly, PAC is not responsible for the cables, splitters, amplifiers, receivers or other hardware or software supplied by these services. If we respond to a service call and the trouble is found to be with one of those services or the equipment supplied by them PAC may bill time and materials for the call. This includes reprogramming remotes if the channel assignments have changed. An exception is if the channel changes occur within 6 months of completing the installation. In that case there is no charge for reprogramming. The client is responsible for arranging directly with the cable, satellite or fiber optics service provider for the return/repair/replacement/credit of defective equipment.
  12. PAC is not responsible for the signal quality of or reception of specific channels from cable services, fiber optic services or antenna reception such as AM, FM or Satellite (XM, Serius, DSS, Dish Network, and the like). We will make every effort to maximize signal strength from antennas and to amplify weak signals when possible. Nonetheless we cannot guarantee reception because many factors are beyond our control (e.g. weather, foliage, home location, service provider quality, etc)
  13. PAC cannot be held responsible for our wires, speakers or other equipment being tampered with or damaged by other contractors. This will result in at least an additional charge to rectify the situation, including new equipment if necessary. It may also result in the project having to be redesigned.
  14. Unforeseen circumstances may result in a job taking longer than the allotted time. Every effort will be made to promptly complete projects but we cannot guarantee that our schedule will allow us to perform all projects on consecutive business days from start to finish.
  15. Requests for additional work made to the installation crew that are outside the scope of the original proposal (e.g., moving furniture, hooking up additional equipment, removal of old equipment, etc.) must be approved by the Project Manager and may result in additional charges.
  16. PAC employees are not permitted to move large or heavy pieces of furniture. Large or heavy TVs will only be moved to allow installation of the new equipment and then only to another location in the room. PAC is not responsible for their disposal.
  17. This proposal is based on our being able to work in an efficient, unobstructed and continuous manner. If the job site is not ready (e.g., cabinet not ready, construction not at proper stage, etc.) resulting in extra time or return trips, additional charges will be assessed.
  18. PAC provides a lifetime warranty on the wire we install, the wire installation and the installation of the equipment that we sell and install. PAC’s obligation under this limited warranty shall be limited to the replacement of work found to be defective. This limited warranty is VOID AND DOES NOT APPLY to work that has been altered, damaged or destroyed by third parties over whom PAC has no control and to work that is otherwise damaged or deteriorates as the result of accidental breakage, vandalism, and/or improper maintenance and/or improper cleaning and/or exposure to the elements. This limited warranty is made in lieu of all other warranties, express and/or implied including without limitation the warranty of merchantability and the warranty of fitness for a particular purpose, and extends only to the original Purchaser. In no event shall PAC be liable for any special, consequential, indirect, incidental, or punitive damages or losses.
  19. Equipment sold and installed by PAC carries the manufacturer’s warranty. While it is under warranty it will be repaired at no charge. The service call to diagnose, remove and reinstall the product is also at no charge. After three (3) months, there will be a charge, if applicable, for the service call and the time spent to diagnose, remove and reinstall the equipment. If the failure was due to faulty installation, there will be no charge.
  20. PAC retains the ownership and rights to the source code for all programs that we develop.
  21. PAC will at no charge to the client, install upgrades to software and firmware in the products we have installed if it is determined that the system is not functioning properly due to “bugs” that are corrected by those upgrades. Upgrades required for adding additional performance or functionality to the system will be billed.
  22. Once the equipment is delivered to your location you will be responsible for its safekeeping before and after installation. PAC employees can be trusted to take the very best care of the equipment as well as your home or office. Any damage that is not due to our actions will be your responsibility.
  23. This agreement constitutes the entire agreement between you and PAC and there are no agreements or representations which are not set forth herein. All prior negotiations, understandings and agreements, whether oral or written, are superseded by this agreement.
  24. This Agreement may not be changed, without the written consent of you and PAC.
  25. If you are purchasing an audio or video server be aware that by law any content loaded must be owned by you.
  26. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any action, suit or other legal proceeding arising out of or related to this Agreement shall be brought in the Superior Court of New Jersey, Law Division, Essex County which shall have exclusive jurisdiction of any and all such suits.
  27. NOTICE TO CONSUMER
    YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:

    1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
    2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
      Ralph Tarnofsky, President
      Professional Audio Consultants
      269 Millburn Avenue
      Millburn, NJ 07041
      973-467-1950

    If you cancel this contract within the three-day period, you are entitled to a full refund of your money. Refunds must be made within 30 days of the contractor’s receipt of the cancellation notice.

PAC is registered as a New Jersey Home Improvement Contractor: 13VH03320900 N.J. Division of Consumer Affairs (800) 242-5846