Terms & Conditions

 

KSAV TERMS AND CONDITIONS


The following terminology applies to these terms and conditions. Privacy Statement and Disclaimer Notices and or all agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the company's terms and conditions. “The Company", refers to our company KS Audio Video, Inc. "The Parties" refers to both the client and KS Audio Video, Inc. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Privacy Statement:

We are committed to protecting your privacy. Any information collected from individual customers will only be used by authorized employees with the company.

Confidentiality: We treat our client information as confidential and our client records are regarded as confidential therefore this information will not be divulged to any third party, other than our manufacturers or suppliers unless required to do so by law. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share or rent your personal information to any third party .

Payment Terms: Payment terms may vary between clients as determined by the Company and will listed explicitly on the client’s invoice. For an example of payment terms: if the Company and Client agree to 50/25/25 Payment Term, then 50% of the total amount due will be due with acceptance of estimate, the next 25% will be due when equipment is delivered, and the final 25% is due upon completion. All special orders require 100% prepayment. A finance charge of 1.5 % will be assessed on all accounts over 30 days old. All unpaid accounts over 90 days will be referred to collections. There is a 3% service fee for all credit card payments. All goods remain the property of the company until paid in full. Returned checks will incur a charge of $35.00 to cover the banking fees and administrative costs. We reserve the right to seek recovery of any money remaining unpaid sixty days from the date of invoice via collection, agencies and/or through small claims court in the event that the outstanding balance does not exceed $5000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returns: A receipt is required for all returns. All returns are subject to a restocking fee up to 25%. Prices are subject to change and can be changed for like items if they are no longer available. Items requiring pre-payment are non-refundable. All merchandise must be in original wrapper/box and be in new condition. No returns will be issued 30 days after purchase. DSS satellite receivers/systems that have been activated or in pending status are not subject to return/refund. Any setup charges, delivery charges, and /or installation charges are not refundable. Proposals are good for 15 days from the date of the proposal.

Cancellation Policy & Service Call Rescheduling: Any customer requested cancellation or reschedule without a 1 business day notice (i.e.: cancellation on the day of the scheduled work) will result in a cancellation fee of 50% of the service call. KSAV can offer a reschedule at no charge if the customer prefers (reschedules will be limited to one reschedule per service call). We also reserve the right to levy a charge of $25.00 to cover any subsequent administrative expenses. **Please note, unlike an appointment to get your car repaired, we are driving to the you the client, which means there is a real cost to drive to the job in addition to the cost of reserving those resources.

Disclaimer: Exclusions and Limitations - The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliaties or any other third party, including in relations to any inaccuracies or omissions in this website and/or the Company's literature.

Links from this website: We do not monitor or review the content of other party's websites which may be linked from this website regarding any manufacturer products. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should be regarded as the opinions or material of the actual publisher and not the Company. We encourage our users to be aware when they leave our website and to read the privacy statement of these other websites. You should evaluate the security and trustworthiness of any other website connected to this website, before disclosing any personal information to them. This Company is not responsible for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

Links to this website: You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Notification of Changes: The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce these that these changes have been made on our home page and on other key pages of our site. If there are any changes in how we use our site customers' personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Installation Warranty: The KS Audio Video one year installation warranty covers the original purchaser at the original service location purchased from KS Audio Video. This warranty covers the cost of service calls and installation labor on eligible systems; it does not cover the cost of replacement equipment/parts. This original warranty is active for a period of one year from the invoice date. KS Audio Video charges an Extended Product Warranty Processing Fee to cover the shipping/handling costs and administration costs of any product returns from 31 days to 365 days from the invoice date. This warranty is non-transferable. This warranty does not cover the cost of service calls on equipment not purchased from KS Audio Video, nor equipment not purchased in conjunction with this warranty. Any appointments missed by the customer in conjunction with this warranty will be subject to service call charges. If it is determined that equipment must be replaced or repaired in order to return the system to its original operating condition, the replacement equipment/parts is not covered by this warranty and will incur service call and labor charges. Third party services and troubleshooting of these services are not covered by this warranty including but not limited to: high voltage electrical wiring, cabinetry, and service connections provided by others (such as: cable, telephone, internet providers). Equipment failure related to media cabinets not providing adequate ventilation to dissipate the heat of electronic equipment is not covered by this warranty. This warranty does not cover loss of service resulting from misuse, negligence, abuse, accident, alteration, unauthorized repair, improper maintenance, lightning, high winds, overgrowth from trees or other plant life, acts of God, or other similar causes. KS Audio VIdeo does not warranty any parts. but standard manufacturer warranties do apply.

KS CARE TERMS AND CONDITIONS

The KS Care Agreement (hereinafter the “Agreement”) is being entered into by KS Audio Video (hereinafter the “Company”) and the signatory on page 1 of the KS Care Agreement or on the signature portion of the online form (hereinafter the “Client”). The Client and the Company hereby agree as follows:

Payment: The Client shall allow KS Audio Video, its agents, subsidiaries or assigns to charge the Client’s listed credit card for either one quarter (3 months) or one year (12 months) at a time. This charge will recur at the end of the preceding term but will not be affirmatively collected until the beginning of the new term. If for any reason the Client’s listed card does not have the available funds to cover the required payment under this Agreement, the Client shall be liable to the Company for any fees incurred with the failed payment, the total amount due under this Agreement and a $25 fee for processing late payment. Additionally, interest will be charged at a rate of 8% interest compounded daily beginning seven days from the failed payment attempt. If payment fails, the Client agrees explicitly that the Company may choose to cease providing the agreed upon services until payment is made in full without the Company being deemed in breach of this Agreement or to have voided this contract or the auto-renew clause. EVEN IF THERE ARE ISSUES WITH PAYMENT, THIS AGREEMENT WITH AUTO-RENEW FOR ANOTHER TERM UNLESS PROPERLY TERMINATED IN COMPLIANCE WITH THE AGREEMENT!

Refunds: Client shall not be entitled to a refund of any payment made under this Agreement in any situation. Client agrees the payment is earned and non-refundable as of the date it is submitted.

Term: The term for this Agreement is either one quarter (three months) or one year (twelve months) determined by the selection made on page 1 of the Agreement. This Agreement auto-renews as if it was executed again by the parties at the end of the preceding term of either one quarter or one year for the same term (I.e. if agreement was entered into on a quarterly basis then the term is one quarter or 3 months and the agreement would then auto-renew on a quarterly basis for another three month or quarter term).

Termination: The Company shall be able to cancel this Agreement for any reason or no reason upon seven days written notice to the Client. The Client shall be able to prevent this Agreement from auto-renewing as scheduled under the terms of this Agreement only by delivering written notice of the Client’s intention to discontinue this service at least 15 days but not more than 30 days before the end of the preceding term.

Results: The Client shall not be guaranteed any specific results from enrolling in KS Care. There is no warranty or guarantee regarding the services delivered in conjunction with KS Care made by either KS Care’s representative or the Company. This Agreement in no way suggests that actual truck rolls and service calls will be discounted in any way due to enrollment in a standard plan (Priority Service or Priority Maintenance).

Choice of Law and Venue: The parties agree that this Agreement is to be governed by and construed under the law of the State of North Carolina without regard to its conflicts of law provisions. The parties further agree that all disputes shall be resolved exclusively in state or federal court in Mecklenburg County, North Carolina.

Severability: If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

Attorney Fees: The Client shall pay reasonable attorney fees the Company may incur while defending any lawsuit or other legal action brought by the Client under this Agreement if the Client loses that action.

**These terms and conditions form part of the Agreement between the Client and the Company. Your accessing of the website and/or scheduling a service call or agreeing to a signed invoice indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full terms and conditions contained herein. Your Statutory Consumer Rights are unaffected.**