Terms and Conditions

The following Terms and Conditions are part of the Proposal from Tech1 Technologies, LLC (“We”, “Us”, “Our” or similar words) and You and any resulting contract between Us and You.

By using one of our websites (www.tech1technologies.com, www.tech1development.com, or a website provided to You by the seller of real property (collectively, the “Site”)), and purchasing products and services from Us, You agree to be bound by these terms and conditions, as they may be amended by Us from time to time (as amended, the “Terms”). You also accept the Terms when You create an account, make a purchase, submit a change order, or log into the Site (collectively, the “Tech1 Services”). Additional and separate terms and conditions may apply to specific products or services You purchase from Us. To the extent the additional terms and conditions conflict with these Terms, those additional terms and conditions control. References to “Us”, “We” or “Our” may include Tech1 Technologies, LLC or a related or affiliated entity. We may make changes to these Terms or the Tech1 Services. It is Your responsibility to review the Terms for updates or changes. If You do not agree with the Terms, You should not continue to use the Tech1 Services.

Sales Agreement

The Contract between You and Us, attached, is hereby included as a part of this proposal. Once submitted by You and accepted by Us, the proposal becomes the binding Contract between the parties (the “Contract” or the “Agreement”).

Hours of Operation

Like your low voltage system, our Service Department runs 24 hours a day, 7 days a week, with technically trained staff readily available to keep your system online. This Agreement includes base installation services during normal business hours. Emergency and after normal business hour service is available at the then prevailing rate that We charge, which is currently $135/hour (overtime rates plus travel time), and which is subject to change by Us in Our discretion.

Extended Service Options

Emergency Service Plans

Emergency Service (4-hour response), preventative system inspections, hard copy video prints, and after business hour maintenance are also available at a cost of five percent (5%) of the system purchase price. Please ask your sales representative for details.

Extended Service Programs

Extended Service Programs are available upon expiration of the system warranty, which is described below. Extended Service Programs are based on an annual agreement and cost ten percent (10%) of the system purchase price. Substantial savings are available for service programs purchased within thirty (30) days of execution of this agreement. Extended Service Programs purchased within thirty (30) days of execution of this agreement are reduced to six percent (6%) of the system purchase price.

Training:

Tech1 will provide one (1) hour of initial training to the unit owner. Training covers all aspects of the new system provided by Tech1. The training session can be tailored to different levels of expertise needed by the client.

Use of TECH1 Services

You may use the Tech1 Services for your personal, noncommercial use only. You may not use the Tech1 Services if you are under the age of 18.

Order Confirmation

Placing items in Your cart on the Site does not constitute acceptance of Your purchase from Us. At any time after receipt of Your order, We may accept, decline, or place quantity limits on Your order for any reason. We may impose these limits on a per order, per household, per order, or any other basis. If We limit, reject or otherwise modify Your order, we will attempt to contact You using contact information You supply to Us. If we cancel Your order, or any part of it, We will refund to You any money You have paid for any part that is cancelled by Us, including the entire order if we cancel the entire order.

Payment Terms

Project Start-up: Fifty Percent (50%) of Installation Price is due upon execution of the Sales Agreement by both You and Us.

Progress Payments: We will bill You for materials ordered for Your specific project.  Where necessary, we store the materials under controlled conditions at Our warehouse and deliver the materials as required. We provide you invoices for delivered equipment and You pay those invoices in accordance with these Terms and any additional terms and conditions contained on the invoice. Invoices may contain line items for specific products purchased and delivered. Labor will be billed on an as-used basis or in accordance with agreed upon milestones.

Final Payment; Late Charges: Final payment is due to Us upon Your receipt of the final invoice which will be provided at the conclusion of installation of the products You ordered (the “Due Date”).  All overdue payments (payments made after the Due Date) are subject to a monthly service charge of 1.5% of the outstanding amount. Your failure to make payment in full within sixty (60) days of the Due Date will result in cancellation of all warranties.

Custom Products: Because of the custom nature of some products You may order from Us, and Our inability to reasonably use those products in other projects, We may require that all or a portion of any deposit You pay is non-refundable. Any product supplied by Tech1 that requires onsite measurements are considered Custom Products.

Delivery

Delivery and installation will be established based upon mutually acceptable dates. Delivery and installation shall occur during normal business hours, Monday through Friday.  Due to the custom nature of certain products, and the location of the suppliers of those products or their components, You understand and agree that delivery and completion dates are sometimes unpredictable and subject to conditions beyond Our control. While we make every effort to obtain products and supplies on a timely basis, We are not liable for failure to meet delivery and completion deadlines where such failure has occurred because of such circumstances.

Owner Provided Items

You will be responsible for the following if NOT included in the scope by Tech1’s proposal:

Power: At our designated locations, regulated, clean 110VAC power and an isolated ground connected to the cold water building entry or equivalent.

Internet; Unit Networking: All internet connection and Unit networking shall be provided by You.

Equipment Installation: Provision of space for mounting our electronic equipment. The space must have an operating environment suitable for the specified equipment.

Electrical Conduit and Raceways: Supply and installation of risers, conduit between the risers, elevator cable, raceways, core drilling, and conduit, equipped with draglines. All conduits must have pull strings.

Governmental Fees and Taxes: Sales tax, and User taxes, permits and fees to the appropriate governmental authority.

Documentation and Building Access: As-Built drawings, and other detailed engineering. These can be provided as an above contract item. You will provide Us with access to all parts of the building in which the Unit is located, and any additional buildings, as necessary to complete the Tech1 Services.

Lightning Protection: Although our equipment includes the original manufacturer’s standard lightning and power protection, there is no guarantee provided against damage due to either of these sources. Additional protection is available and may be desirable.

De-installation and Relocation of Equipment: Patching and/or repair/painting of holes exposed after the removal of existing equipment.

Coordination with Other Trades

We will attempt to coordinate with other related trades, as required, and You agree to cooperate and assist with such coordination when requested by Us. Additional equipment required to achieve any interface or integration, unless specified in our proposal, can be made available as an above contract item.

WARRANTY INFORMATION

TECH1 provides customers with a one-year warranty that covers parts and labor and a five-year warranty on all of our shading installations. Our in-house service department (not subcontractors) performs all warranty repairs ensuring service continuity.

LIMITED EXPRESS WARRANTY

Maintenance – Standard Service Response Time

As a standard part of our service program, TECH1 makes every effort to respond to all service requests within eight (8) hours from the time of notification. Most problems will be corrected within one (1) hour after a technician is onsite at your facility, and we strive to have all service problems fully resolved within 24 hours following notification of problem. If we cannot complete repair of the equipment in the field, we will replace all non-functioning equipment with loaner equipment from our service inventory.

THIS LIMITED EXPRESS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DURATION OF ANY WARRANTY IS EXPRESSLY LIMITED TO THE LIMITED WARRANTY PERIOD.

Some states do not allow limitations on how long an implied warranty lasts; therefore, the above limitations and exclusions may not apply to you.

YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED EXPRESS WARRANTY OR OF ANY IMPLIED WARRANTY DEEMED NOT DISCLAIMED BY US OR OF ANY OTHER OBLIGATION ARISING BY OPERATION OF LAW OR OTHERWISE SHALL BE LIMITED AS SPECIFIED HEREIN TO REPAIR OR REPLACEMENT, AT OUR SOLE OPTION. IN ANY EVENT, RESPONSIBILITY FOR SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES IS EXPRESSLY EXCLUDED.

Some states do not allow an exclusion or limitation of special, incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to You.

This limited express warranty gives You specific legal rights, and You may have other rights that vary from state to state or province to province.

Items Not Covered by Limited Express Warranty

Other than those items covered by the Limited Express Warranty WE EXPRESSLY EXCLUDE AND DISCLAIM, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

We make no warranty that any Product is free of corrupting computer codes, including but not limited to viruses or worms.

Return Policy

Given the customized nature of Your order, all sales are final. Products are non-returnable except for warranted items listed above. If defects are discovered to a warranted part during the Limited Warranty Period You must contact Us during the Limited Warranty Period and may do so by mail (must be postmarked with the Limited Warranty Period) to: Tech1 Technologies, LLC, 3880 Sheridan Street, Hollywood, Florida 33021, USA, or electronic mail to gsmith@tech1systems.net within the Limited Warranty Period. We are not responsible for lost, misdirected or undelivered mail or electronic mail. If You contact Us within the Warranty Period with a covered claim, We will, at our sole discretion, repair or replace the product. Defective Products covered by the Limited Express Warranty must be returned to Us by You at Your cost within five (5) days of the date You contact Us with the Limited Express Warranty claim. The following conditions also apply:

1. Within the Warranty Period, You must contact Us to obtain permission to return the Product to Us for inspection;
2. All items included with the Product must be returned, including all cables and covers, all in good condition with no visible damage;
3. Defective Products may be eligible for repair or replacement past the return window at Our exclusive discretion.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT SHALL TECH1 OR ANY OF ITS AFFILIATES BE LIABLE FOR DAMAGES, INCLUDING FOR DELAY, NON-DELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY PAYMENT OR SERVICE TRANSACTION, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF MONEY RECEIVED FROM YOU, and (2) IN NO EVENT WILL TECH1 BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE TECH1 SERVCIES OR THE SITE. FURTHERMORE, NEITHER TECH1 NOR ITS AFFILIATES SHALL BE LIABLE FOR THE OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF YOU OR ANY OTHER THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE RISK OF ANY INJURY RELATING THERETO RESTS SOLELY AND ENTIRELY WITH YOU. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

TECH1 WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS THAT ARE PROPERLY TRANSMITTED THROUGH THE SITE AND ACTUALLY RECEIVED BY TECH1, AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF SUCH TRANSMISSIONS. TECH1 IS NOT RESPONSIBLE FOR ANY LOSSES OR DELAYS IN TRANSMISSION OF INSTRUCTIONS ARISING OUT OF THE USE OF ANY INTERNET ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER OR OTHER SOFTWARE OR OTHER CIRCUMSTANCES BEYOND ITS CONTROL. TECH1 IS NOT RESPONSIBLE SHOULD YOU PROVIDE INCORRECT INFORMATION OR IF YOUR PAYMENT INSTRUCTIONS ARE NOT GIVEN SUFFICIENTLY IN ADVANCE TO ALLOW FOR TIMELY PROVISION OF THE SERVICES YOU REQUESTED.

Information on Our Site

We attempt to provide You with the most current information related to the Tech1 Services, including products You purchase that may are manufactured by third parties unrelated to and unaffiliated with Us. We do not warrant that product descriptions and other information is accurate, complete, or free from error. Prices and promotions are subject to change. We cannot confirm the availability or price of any specific price until you place, and we accept, Your order. Sometimes items become unavailable, the offer has been misstated, or mispriced. For any of these or other reasons, We may cancel Your order or We may contact You with specific information related to Your order.

Force Majeure

We shall not be liable for any failure or delay in the performance of Our obligations under this Agreement, if such failure or delay is on account of causes beyond Our control, including but not limited to labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, pandemics, or acts of God, in which event We shall be excused from Our obligations for the period of the delay and for a reasonable time thereafter. We shall use reasonable efforts to notify You of the occurrence of any such event once We become aware of its occurrence.

RESOLUTION OF DISPUTES

Unless You opt out as set forth below, any dispute arising from or relating to Your Order, this Agreement, or any Tech1 Services shall be resolved by mandatory and binding arbitration. The arbitrator shall also decide what is subject to arbitration unless prohibited by law. The arbitration will be administered by American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org/active-rules. You will be responsible for up to $200 of the administration fees. We, or the Arbitrator, may reduce this amount if You demonstrate hardship. This Agreement is governed by the Federal Arbitration Act 9 U.S.C. § 1 et seq. (“FAA”), and any award shall be final and binding, and may be entered as judgment in any court of competent jurisdiction. Any arbitration shall take place on an individual basis; class actions or consolidation of arbitrations are not permitted. The Arbitrator shall be required to follow applicable substantive law and shall have no authority to deviate therefrom. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If AAA is unwilling or unavailable to administer the arbitration, the parties or a court will select another arbitrator in accordance with the FAA. You may opt out of arbitration within 30 days of the date of Our acceptance of Your order by mailing a notice of Your desire to opt out to: Tech1 Technologies, Attn: Arbitration Notice, 3880 Sheridan Street, Hollywood, Florida 33021. IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

INDEMNITY

You agree to indemnify, defend and hold harmless Us, and all Our officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Site or the Tech1 Services; and/or (ii) Your breach or violation of the Terms and Conditions. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any Indemnified matter without the written consent of Us.

Miscellaneous

Severability: If any provision of this Agreement is ultimately determined to by invalid or unenforceable, such provision shall be deemed limited by construction in scope and effect to the minimum extent necessary to render the same valid and enforceable, and, in the event no such limiting construction is possible, such invalid or unenforceable provision shall be deemed severed from the Agreement without affecting the validity of any other provision hereof.

Entire Agreement: This Agreement constitutes the entire understanding and agreement of the parties hereto with respect to the subject matter thereof, and supersedes all prior written and contemporaneous oral agreements, understandings, inducements, and conditions, express or implied, among the parties with respect thereto. The express terms of this Agreement control and supersede any course of performance or usage of trade inconsistent with any terms hereof.

Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be an original as against any party whose signature appears thereon, and all of which together shall constitute one and the same agreement. Facsimile signatures, electronic signatures, or signatures exchanged through portable document format (.pdf) shall be treated as original signatures for all purposes.

Construction of Agreement: This Agreement has been negotiated by You and Us, and the language used herein shall not be construed for or against either of us. The titles and headings are for convenience and reference only and shall not in any manner limit the construction of this Agreement which shall be considered as a whole.

Applicable Law and Jurisdiction:  You and Us agree that this Agreement is made and delivered in, and shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to principles of conflicts of laws of the State of Florida or any other state or foreign jurisdiction).  You irrevocably and unconditionally waive any objection to the laying of exclusive venue of any litigation arising out of this Agreement or the transactions contemplated hereby, as well as any other claims or defenses directly or indirectly related to the subject matter of this Agreement, in the courts of the Ninth Judicial Circuit of Florida in Orange County or, if jurisdiction exists, at the option of either Party, to the jurisdiction of the United States District Court of the Middle District of Florida, Orlando division, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such litigation brought in any such court has been brought in an inconvenient forum.

Attorneys’ Fees and Costs: In the event of any litigation brought to enforce the terms of this Agreement, the prevailing party in such action shall recover from the other party its reasonable attorneys’ fees and costs incurred in such litigation.

WAIVER OF JURY TRIAL: THE PARTIES HERETO KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND OR CLARIFY ANY RIGHT, POWER, REMEDY OR DEFENSE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREIN, WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE, OR WITH RESPECT TO ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY; AND EACH AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. EACH PARTY FURTHER WAIVES ANY RIGHT TO SEEK TO CONSOLIDATE ANY SUCH LITIGATION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER LITIGATION IN WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN WAIVED.