TV Mounting And Installation Services

IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS DO NOT SCHEDULE AN APPOINTMENT OR, IF ONE IS ALREADY SCHEDULED, YOU MUST CALL THE PROVIDER AT 402-609-9432.

IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THE FOLLOWING TERMS AND CONDITIONS UNDER WHICH THE PROVIDER AGREES TO PROVIDE LABOR ONLY SERVICES FOR INSTALLATION OF YOUR TV, HOME THEATER, OR SMART HOME DEVICE. THIS AGREEMENT IS BETWEEN YOU AND THE PROVIDER. HERE ARE THE DETAILS OF YOUR CONTRACT (“AGREEMENT”).

Your TV. For purposes of this Agreement, a TV is defined as up to 146 inches, which you have purchased by you for your home use (called the “TV”).

This Agreement is valid on a TV, home theater or smart home device purchased in the United States only. The Services to be provided under this Agreement, as described below, apply only to the continental United States.

Installation Services. The installation services in this Agreement are labor only services which are limited to: (a) the initial, first-time installation of the TV, home theater or smart home device; (b) connection of certain new or existing video and/or audio components provided by you for connection in the same room as the TV, home theater or smart home device; and (c) a basic orientation (these are collectively called the “Service”). The Service includes a single one (1) time on-site event at your residential location unless additional site visits and services are purchased by you for which you will incur additional charges. This Agreement assumes proper operation of all your equipment and the TV, home theater or smart home device at the time the technician arrives at your location and does not include any repair services.

Call For Assistance. If at any time during the installation you have questions or concerns, please contact the Provider at the following number.

Technical Support:

531-389-1136

Your responsibilities Prior to and During an Installation. Prior to scheduling installation services with the technician, it is your responsibility:

• To read this Agreement carefully.
• To ensure your TV, home theater or smart home device and all items necessary for installation, including videos and/or audio components and video feed, are available to the technician and are located in the same room and in the immediate area where the installation is to take place.
• To ensure that the physical installation site is adequate to properly house the TV, home theater or smart home device and components.
• To ensure the availability and hook up of adequate power to properly run the TV, home theater or smart home device and components.
• To ensure that all cables required for the connection of the TV, home theater or smart home device and components are available to the technician.
• To ensure that wall mounting bracket is available to mount the TV, home theater or smart home device (if applicable).

IMPORTANT NOTICE. If any of the items you are required to provide are not immediately available to the technician upon arrival at the site location, the technician will accomplish as much of the installation service as reasonably possible under the circumstances and you will be responsible for any further installation of your TV, home theater or smart home device and component connection and integration.   In no event will you be entitled to any refund for amounts paid by you or to receive any additional service from Provider.

Contact for Installation. Within one (1) business day of ordering your Service, you will be contacted by the Provider to review the Service that will be provided to you, to review your responsibilities under this Agreement, to provide you with a point of contact if you have any additional questions regarding the Service and to schedule an agreed date for providing the Services.

Installation Service Hours. Service will be available Monday through Saturday from 10:00 AM to 5:30 PM, and Sunday from 12:00 PM to 5:30 PM. Excluding regularly observed holidays or on a special request occasion.

Services Covered.  The Services covered within this Agreement will be limited to any Services advertised at the time this Agreement is signed at the website of the Provider so long as the Services are ordered in the manner Provider requires per the Provider website.

The Provider Services and website can be visited at: onthewallomaha.com

NOTE: Customer Orientation will only be given one time. With regard to any services that are not within the coverage of this Agreement or which will exceed twenty (20) minutes, it will be within Provider’s discretion whether to perform the services, and, if Provider elects to perform the services, whether the services will be subject to an additional charge to be paid by you.

On Site Cancellation. If you cancel your Installation order while Provider is on site for installation, Provider will cease work. You will not receive a refund of your installation fees if you cancel your order for any reason after the technician has commenced any work.

Holidays. Regular holidays shall include New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day, unless you are notified otherwise by Provider.

An Adult Must be Present at Residence. For Services provided at your residence, an adult (at least 18 years of age) must be present at all times during the service technician’s visit.

Assistance you Must Provide.   The service technician must receive full access to the TV, home theater or smart home device and components (at no cost to Provider), have working space and electricity. If these requirements are lacking, Provider is not obligated to provide installation services.

If you Miss the Service Visit. If you or your authorized representative is not at the location when the technician arrives, we regret that the technician cannot install your TV, home theater or smart home device. The technician will leave a card to let you know he or she was there.

Notices

Any written notices provided by you to Provider must be sent to the following address:

ON THE WALL MOUNTING SERVICES, LLC

7508 S 130th St

Omaha, NE 68138

GENERAL

Governing Law. This Agreement is governed by Nebraska law.

Assignment. Provider reserves the right to assign its rights and obligations under this Agreement to a qualified third party designated by Provider. In the event of such an assignment, you agree to look solely to the third party assignee for performance under this Agreement.

Complete Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PROVIDER AND IT SUPERSEDES ALL PRIOR ORAL AND WRITTEN PROPOSALS AND ANY PRIOR OR SUBSEQUENT COMMUNICATIONS PERTAINING TO THE SUBJECT MATTER HEREOF.

Limitations to Installation Service. This Agreement is limited to a single site visit. This Agreement extends only to original purchasers of the TV, home theater or smart home device and located within the United States as determined by Provider. The Provider agrees to provide labor only installation services. This Agreement does not cover any defect that exists or occurs in materials or workmanship in the TV, home theater or smart home device, or components. Operating supplies are not included. Repairs necessitated by software problems, or as a result of alteration, additions or deletions, adjustment and repair services which are necessary due to manufacturer’s recall of TV, home theater or smart home device or components are not included. This Agreement does not cover repairs or damage as a result of: (i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of the  TV, home theater or smart home device or components or abuse of the  TV,  home theater or smart home device or components (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, failure to follow operating instructions, or use of out of specification supplies), (ii) an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or air conditioning), (iv) the loading of software, software configurations or any data files, or (v) the moving of the  TV, home theater or smart home device, or components from one geographic location to another or from one purchaser to another.

Force Majeure. Provider is not liable for any failure or delay in performance due to any cause beyond its reasonable control. In any event, if Provider’s ability to render Service is impaired or delayed by you or by circumstances beyond Provider’s control, Provider may delay performance of the Service or terminate this Agreement.

LIMITED WARRANTY. Provider warrants to you only that the installation will be performed in a good and workmanlike manner in accordance with any installation requirements of the manufacturer of the TV, home theater or smart home device, or component for a period of ninety (90) days from the date of installation. Provider will correct any installation defects at no cost to you if Provider is notified of the defect within the ninety (90) day warranty period.

Provider is not responsible or liable in any way for defects in the Product or any 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 claim arising from such defects shall be made solely against the manufacturer.

EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICE IS PROVIDED “AS IS.” PROVIDER MAKES NO OTHER LIMITED REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.

LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE TV, HOME THEATER OR SMART HOME DEVICE, OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER.

THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

INDEMNIFICATION

YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.

Time Limitation for Claims. Neither Provider nor you may institute any action in any form arising out of this Agreement more than twelve (6) months after the cause of action has arisen, or in the case of nonpayment, more than twelve (6) months from the date of last payment.

With regard to any services that are not within the coverage of this Agreement, it will be within Provider’s discretion whether to perform the services, and, if Provider elects to perform the services, the services will be subject to an additional charge to be paid by you.