Terms & Agreement
For All Project Related Activities
- Spencer will provide a project management resource as a main point of contact & associated escalation / communication path.
- The Client is required to provide a main point of contact & associated escalation / communication path.
- Out of scope requests will be billed at the published Out of Scope Rates.
- Unforeseen delay time / out of scope issues will be escalated by the Spencer Project Manager to the Client contact(s).
- Unforeseen delay time for issues outside of Spencer’s control are billable at the published Out of Scope rates.
- 3rd party vendor management (outside of those engaged by Spencer) is not included in pricing.
- Shipping charges will be billed at cost plus 20% or charged to a Client supplied shipping account number if available.
- Spencer requests a 2 week lead time from “Notice of award” to ensure proper scheduling. Expedited requests will be handled on a best effort basis.
For All Field Related Activities
- All areas where work is to be completed will be accessible to Spencer’s installer w/ minimal delays.
- “As-builts” are NOT included in pricing. Additional charges may apply if required.
- Work is assumed to take place during standard business hours unless otherwise noted.
- Standard Business Hours are defined as Mon – Fri, 8AM – 5PM Local Time.
- Off Hours are defined as Mon – Fri, 5PM – 8AM Local Time.
- Weekend / Holiday Hours are defined as Saturday & Sunday (as well as recognized local holidays).
- Force Majeure. Neither party shall be liable for its failure to perform hereunder if due to any contingency beyond the reasonable control of the party affected, including but not limited to acts of God, acts of government, mandated travel restrictions, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
For Low Voltage Data Cabling Activities
- All cable paths are open and free of obstructions.
- Coring of concrete walls / floors not included in pricing.
- Conduit or raceway materials not included in pricing.
- Conduit to be pre-installed and include pull string.
- Assumed existing building structure to be used to support any cabling, no j-hooks / specialty supports included in pricing.
- No demo included in pricing.
- Sites requiring union labor are considered out of scope and will be billed at the local union rates plus 20%.
- Any required permit fees will be passed on to the Client at cost plus 20%.
- Labor to acquire permits will be billed at published out of scope rates.
- All applicable taxes will be added at time of invoicing.
- All Pricing in US dollars.
- Payment terms, unless otherwise documented and agreed to, are net 30 days.
Warranty
Spencer provides warranty on all labor associated with this Quote. Any workmanship warranty issues need to be escalated with the designated Spencer PM. Specific warranty entitlements are as follows:
General Warranty Provisions
- Under no circumstances shall Spencer be liable to the Client or any other person for any indirect, special or consequential damages, including loss of use or loss of profits, whether arising out of breach of warranty, breach of contract or otherwise, nor shall it be liable for damages exceeding the amount charged by Spencer for the original installation.
- Statements made relating to the installation, made prior to execution of this agreement, are not warranties. It is understood that such statements were not intended to, and did not, form a part of the agreement; they were merely made in the course of negotiations of the parties.
- If any work is completed outside of local, state, federal, EIA, IEEE, ISO or NEC code as identified by Spencer, but approved by the Client, all warranties will be nullified.
Exclusions
- Manufacturer defects or other third-party related software issues.
- Any costs for warranty or third-party repair administration.
- Issues that had been attempted to be corrected by the Client or another third-party.
- Spencer will attempt to provide remediation to warranty escalations within ten (10) business days or sooner (not including any lead-time for freight transit or product manufacturing / supply chain lead-times).
Production Services Warranty
- If within thirty (30) days from the date it is deployed from a Spencer facility an asset experiences issues related specifically to the Production services Spencer has provided (staging, configuration, application loading, key injection and/or kitting), Spencer will remedy those production issues to the original scope of work specifications at no additional charge to the Client.
Field Services Warranty
- If within thirty (30) days from the date a field service event is complete and the site has been turned over and signed off by the Client it is determined the field service event was not completed to the original scope of work specifications, Spencer will revisit the site and remedy those issues to the original scope of work specifications at no additional charge to the Client.
Low Voltage Cabling Installation
- If within twelve (12) months from the date of installation or the date of substantial completion, whichever earlier, any Spencer-provided network cable fails due directly to a defect in workmanship, Spencer will, in its sole discretion, repair or replace the failed cable free of charge. If a technician is sent to site and the problem is found to be due to non-Spencer related issues, the call will be billable to the Client per the Out of Scope rates noted in the Pricing Event Schedule.
- Spencer will honor all cabling manufacturer’s warranties for their individual product lines. These warranties must be signed off on prior to the start of any project.
- This warranty does not apply to:
- Damage caused by accident, abuse, mishandling, or vandalism
- Spencer installed Cable, Phone Systems or other Network Hardware that have been subject to repair by third parties
- Damage due to failure of electrical power, sprinkler or humidity control
- Damage due to fire, water damage or acts of nature
Hardware Warranties
- Warranty entitlement and administration for 3rd party products re-sold to the Client will be the sole responsibility of the Client for the acts of entitlement and warranty administration. Spencer is not liable for any warranty agreements and/or commitments made by the Original Equipment Manufacturer (“OEM”) and any agreements and/or commitments are considered to be between the Client and the OEM.
Hardware Return Policy
Regular hardware orders may be returned if unopened and in original packaging within fourteen (14) days of receipt. Client is responsible for obtaining an RMA from Spencer. No returns will be accepted without an RMA.
All returns are subject to a 20% restocking fee. Client is responsible for all return freight charges. Spencer reserves the right not to accept a return even if an RMA has been issues based upon item condition upon receipt.
