PREFACE: The following guidelines set forth the proposed terms and conditions for the herein contained Term and Conditions for Digital TV of America (DTVA) products and services.
The proposed Term and Conditions is established for the purpose of outlining the obligations of DTVA and consumer of services(Customer). For all sales or lease and rentals or installation or service agreement.
1. Obligations of DTVA
A. All merchandise purchase new has a conditional 1 year manufacturer warranty.
B. All merchandise purchase used have a conditional 90 day warranty.
C. New equipment return within 3 days of purchase are entitled to full refund as buyers remorse, from 4 day to 30 day are subject to a restocking fee of 15%. After 31 days merchandise will be considered customers property and are subject to rental/lease agreement of full payment procedures.
D. Install in workmanlike / professional manner and locations mutually acceptable by customer and DTVA.
E. Equipment install as per National Electric Code and Local Codes.
F. Carry adequate business liability insurance.
G. Provide free service calls and or replacement of defective equipment. If needed a free upgrade if equipment becomes obsolete if customer has protection plan or is in a lease/rental agreement.
H. Your privacy is very important to us and we will protect all information from any 3rd. party sources and with your consent use only what is necessary for DTVA purposes.
2.Obligations of Customer
A. Provide DTVA installers with a safe working environment.
B. Indemnify DTVA from any all claims of the owner of premises in connection with installation of equipment if customer isn't the owner of property.
C. Pay $25.00 return check fee for non sufficient funds if check is not cash-able, and pay future payments by debit card or money orders.
D. Agree to pay DTVA all remaining monthly fees for lease/rental agreements or extended warranty plans.
E. Agree to lose all rights of ownership if customer becomes 2 months delinquent in a 6 month or lease plan.
F. Pay all mutually agreed on installation, service or other charges upon receipt of invoice or bill.
3. STATEMENT AND ASSURANCES
A. both the "Customer" and the "DTVA" hereby agree to comply with any and all applicable laws with regards to the performance of the aforementioned transactions;
B. That the herein titled "DTVA" certifies and attest that it maintains a clear title and ownership over the "assigned interest"
C. Furthermore, the DTVA guarantees and warrants that the assigned interest are free and clear from obligations and defects.
D. That there are no pending litigation or proceedings commenced against the "DTVA" nor the "Customer" that would challenge or contest, or which may prevent, delay, interfere with or make illegal any of the herein contained contemplated transactions.
E. Non-Disclosure: under no circumstances, shall the customer nor DTVA make any public disclosure regarding the pending transaction prior to or after the closing. Both parties, the DTVA and the Customer, are hereby in agreement that any such decision regarding the disclosure of the contemplated transaction, made at or after the time of Closing, shall be made mutually; providing that there is no provision that would prevent DTVA from their fulfillment of any legal disclosure obligations.
F. Non-Compete: DTVA herein agrees that is will neither directly nor indirectly as of this date and until the date of closing, either through the use of a broker, agent or otherwise, solicit or accept any offer or engage in any other negotiation, nor enter into or consider any other contract with regard to the anticipated assigned interest or or with respect to a replacement transaction. therefore DTVA herein declares that it shall promptly refuse any unsolicited offer with regards to the assigned interest.
G. That all transaction documents will contain representations and warranties that are customary for transactions of this size and nature.
4. CONDITIONS OF DELIVERABLES AND DATE OF CLOSING
The obligations of DTVA to complete all contemplated transactions herein shall be subject, in conjunctions with other items, to the satisfactions of the following conditions:
A. Satisfactory completion of all legal, accounting, financial obligations, after completion of both parties in closing of documents.
B. Negotiation execution and delivery of satisfactory and mutually acceptable transaction documents.
C. Receipt of all necessary equipment and or services before close of sale. lease/rental agreement or extended warranty.
D. True and correct representations and warranties as of the " Closing Date."
E. Finally . that any and all essential steps to achieve a closing (The Closing) shall be completed by to be set at the time of initiation, the actual closing date. The aforementioned closing date may be subject to a mutually agreed upon extension or postponement by both parties. This herein contained Term and Conditions shall expire on total due at end of term.
F. Below is a list of deliverables that are due before closing: Need proper ID -(drivers license, State or Government) with SS# for any Term Agreement. Equipment installed or delivered to Customer residence or place of business that are mutually agreed on.
5. GOVERNING LAW
Any and all transaction documents, as well as this Term Sheet, shall be governed by the current applicable laws of the State of Virginia, Georgia, Michigan, Ohio or any State of business transactions.
6. Rental/Lease Agreement
Rental/lease agreements shall be made between DTVA and Customer with a term of 3, 6 or or on going months until either close or termination by either party by default or written agreement. Customer has the right to terminate at any time for extended warranty or IPTV service. Also Rental/Lease may be terminated by customer with no rights to property if before closing date.
7. BOOKKEEPING/ACCOUNTING MATTERS
It shall be the responsibility of DTVA accountant to ensure the preparation of any and all financial statement made in accordance with the General Accepted Accounting Principles (GAAP). Prices of our products are subject to change without notice. In addition, prior to the closing an audit of any and all financial statements shall be completed.
It is therefore agreed, that the Terms and Conditions contained within this agreement shall be held in the strictest confidence by both parties.