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SPECIAL PROPOSAL NOTATIONS

  1. Any additional equipment and/or labor included during the installation of the above-described system will be billed to you on a “time and materials” basis. Our hourly labor rate for additional installation, Monday through Friday, 9am to 5pm, is $90.00.
  2. A contractor’s certificate of general liability insurance coverage can be supplied upon request. For any requirements, or request, to list an additional named insured, or to increase the limits of liability coverage above our current standard limits in effect, we require the addition of the related additional insurance premiums to this contract cost.
  3. Any shipping and handling charges incurred as an extra expense to deliver equipment or materials by use of independent transportation providers, or before Hackett Security Inc. scheduled project times, will be added to this contract cost.
  4. Customer to provide 120 VAC, data lines, telephone lines, permits, conduit, wire permits, junction boxes, where required.
  5. The proposal may be withdrawn by Hackett Security Inc., if not accepted with thirty (30) days.
  6. Payment Terms: Unless otherwise stated herein, a signed copy of this proposal/contract and one-half (50%) of the Contract Price, or a company purchase order is due with placement of the order. The balance is due upon delivery/completion.
  7. All work to be completed in a workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will become an extra charge over and above the amounts listed here. Customers are required to carry fire, property and other necessary insurance. Our workers are fully covered by Worker’s Compensation Insurance.

STANDARD PROPOSAL CONTRACT TERMS AND CONDITIONS

  1. Hackett Security, Inc., hereinafter known as the Contractor, hereby agrees to deliver, install, and test the parts and materials, included in the contract, at Customer’s premises listed as the “Job Location.”
  2. Provided that said parts and material have not been damaged or incorrectly used, and in the event that they fail to operate during the period of ninety (90) days from the date said items are delivered and installed, Contractor will repair or replace, at Contractor’s option, such inoperative items at no charge to the Customer. In addition, and where applicable, a one (1) year manufacturer’s equipment warranty, exclusive of contractor labor, is provided. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, EXCEPT AS STATED HEREIN.
  3. Contractor assumes no liability for any failure of said installation to operate except as provided in Paragraph 2 above.
  4. The Customer agrees that he/she/it is responsible for any charges, fees, or restrictions that the telephone company may enforce upon the use of any installation supplied by the Contractor or at any time in the future and the Customer agrees that he/she/it will not hold the Contractor liable in any respect in this matter.
  5. All surplus material and tools left on the job remain the property of the Contractor.
  6. Delay in performance by Contractor shall be excused in the event of labor strikes, acts of God, or any other reason beyond Contractor’s control. Time is not of the essence.
  7. Customer hereby warrants that he/she/it is the owner of the premises at the address indicated on the accompanying contract, or that Customer has been authorized by the owners of said premises to permit such installation at said “Job Location.”
  8. This contract is binding upon the Customer, its legal representatives, heirs, and assigns.
  9. Contractor may assign any or all of its rights, title, and interest in, to, and under this Agreement. In such event, the right of the assignee to received payment, as well as any other right of the assignee under this Agreement, shall not be subject to any defense, set-off, counterclaim, or recoupment which may arise out of any breach or any obligation of Contractor under this Agreement by reason of any other indebtedness or liability at any time owning by Contractor to Customer. Any of such obligations or liabilities of Contractor to Customer shall remain enforceable against Contractor only. Such assignment shall not relieve Contractor of any of its obligations hereunder, and shall not give rise to an assumption of such obligations by the assignee. On receipt of notice of such assignment, the Customer, subject to its rights hereunder, shall become the pledge holder for and on behalf of the assignee, and will relinquish possession thereof only to the assignee or pursuant to its written order.
  10. In the event that (a) the Customer shall default in any payment hereunder, when due, or (b) the Customer shall default in the performance of any other covenant herein, or (c) the Customer is dissolved, becomes insolvent or commits an act of bankruptcy, makes an assignment for the benefit of creditors, offers a composition or extension of any of its indebtedness, suspends payment wholly, or partly suspends, or liquidates its usual business, or in the event of any proceedings being taken by or against the Customer based upon the Customer’s inability to meet his or its obligations in full or as they mature, then in any such event Contractor, at its option, and in addition to and without prejudice to any other remedies available to it, may enter upon the Customer premises and without notice or demand and without legal process, repossess, and remove the system, and/or Contractor may terminate this contract, whereupon all rights of the Customer shall terminate absolutely, but the Customer shall not by reason of repossession be released from its obligations under this Agreement. Contractor, at its option, may sell the parts or material of the system or any part thereof, to the highest bidder at public auction. The net proceeds of any such sale, less Contractor expense incurred in connection therewith, including reasonable attorney’s fees, shall be applied to the total paid amount provided for herein, which Contractor shall be entitled to recover from the Customer as liquidated damages for the breach of this Agreement, and the Customer shall pay Contractor any deficiency.
  11. It is agreed by and between the parties hereto that the Contractor is not an insurer; that the payments hereinbefore named are based solely on the added value of services rendered; that it is impractical, if not impossible, to fix the actual damages, if any, which may proximately result from a failure of the system parts or of the Contractor to perform any of its obligations hereinbefore mentioned; that in case of failure of the Contractor to perform any of its obligations hereinbefore and resulting in loss to Customer, Contractor liability hereinafter shall be limited to and fixed at the sum equal to one percent (1%) of the Contract Price herein provided for, but in no event amount to more than two hundred fifty dollars ($250.00) as liquidated damages, and not as a penalty, and this liability shall be complete and exclusive; that in the event the Customer desires Contractor to assume greater liability for the performance of its services hereunder, a choice is hereby offered to obtain full or limited liability by request in writing and paying any additional amount under a graduated scale of rates proportioned to the responsibility, and an additional rider shall be attached to this Agreement setting forth the additional liability of Contractor and the additional charge; that the rider and additional obligation shall be in no way interpreted to hold the Contractor as an insurer.
  12. All payments that become delinquent according to the “payment terms” stated on the contract will incur a service charge of 1.5% per month until paid.