Terms and Conditions

This Terms and Conditions is entered between KDC Technologies (“Company”) and Customer (“Customer”).

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER, ANY EMPLOYEE, AGENT OR CONTRACTOR OF CUSTOMER, OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO EQUIPMENT PURCHASE, INSTALLATION, OR SERVICES PROVIDED PURSUANT TO THE ESTIMATE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Customer waives any right of recovery against Company and shall not hold Company liable or responsible to Customer for any claims, demands, actions, liabilities, losses, costs or expenses (including, without limitation, attorneys’ fees or costs) by or due to third parties (“Claims”) suffered by Customer, directly or indirectly relating to or arising from the purchase or use of the Equipment or any Services provided by Company, except to the extent Company is adjudicated to be actively negligent in connection therewith.

Late Payment

Late payments shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate allowed by applicable law, whichever is lower.
Company may upon written notice to the customer, delay delivery of equipment, services or cancel any order that is past due payment. Company shall have no liability whatsoever to the Customer for any costs or damages to the Customer as the result of cancelation of delivery or services as the result of payment not received on due date.

Equipment Warranty

No other warranty shall apply other than the manufacturer warranty, unless agreed in writing.

Force Majeure

Company shall not be liable for delays in delivery of equipment and services as the result of its suppliers, manufacturers, and as the result of acts of God such fires, strikes, floods, wars (whether declared or undeclared), or any other cause beyond its reasonable control.

Miscellaneous Provisions

The terms and conditions shall be governed and construed by laws of California.

Cabling Exclusions:

No trenching, core drilling, permits, patching and painting, removal of abandoned cabling unless agreed in writing.

GENERAL PROVISIONS

All installations can be completed at ground level without lifts

Alterations or deviations, if any from the scope of work, or any delays or postponements of the work by the client or his agents which result in additional materials or labor costs, will become an extra charge which will be billed as an addition to this proposal amount.

Any extra move on or off the job site due to circumstances beyond our control will be billed as an extra charge at hourly labor and equipment rates.

Parking shall be provided by the client at no cost.

All work areas are free from asbestos, lead and other harmful contaminants.

Client shall provide free and clear access to all work areas.

Unless agreed in writing, all work shall be performed during normal work hours and does not include weekends and holidays.

Unless agreed in writing, patch cords and cross connect cables are not included.
Equipment purchased are non-returnable.