Lanza L.L.C., an Arizona limited liability company, d/b/a Lanza AV Home Theater and Security (“the Service Provider”) shall perform the work specified in the work order attached to this Service Agreement and signed the Customer (the “Work”).

General Conditions

1. The Service Provider will provide the Work on the terms and conditions as set out in this Service Agreement and the Scope of Work. Any material or labor requested by the Customer not included in the Scope of Work or on the estimate is not included in the agreement price. Any such additional work will be evidenced by a signed change order.

2. The Service Provider is not responsible for non-functioning or unserviceable equipment at any time before, during or after service.

3. The Service Provider reserves the right to modify or terminate this Service Agreement and the Work for any reason at any time.

4. The Work is provided by the Service Provider on an “as is” and “as available” basis without any warranty or condition, express or implied, except as otherwise required by law.

5. Manufacturer’s Warranties: The manufacturer’s warranty, if any, will be assigned to the Customer. Product registration is the responsibility of the Customer.

6. Asbestos: If Asbestos is discovered on the Customer’s premises at any time during the Work, the Service Provider shall immediately cease further work until such Asbestos is satisfactorily abated at Customer’s expense. If Customer fails to satisfactorily abate any Asbestos within thirty (30) days of notification of its existence, this Agreement shall terminate and the Service Provider shall be entitled to recover all costs incurred in performing the Work as of the date of termination, including costs incurred for materials to be installed by the Service Provider but that could not be. Customer hereby releases any claim for loss or damages against the Service Provider arising out of the Work as it relates to Asbestos discovered during the Work, including claims for bodily injury, clean-up and defense costs.

7. The Service Provider’s Liability: Under this Agreement, the Service Provider’s liability shall be limited to the amount paid by Customer to the Service Provider pursuant to this Agreement.

8. The Service Provider shall provide all appropriate liability insurance and worker’s compensation insurance for the Work. The Service Provider warrants that it is adequately insured for injury to its employees and others incurring loss or injury because of the acts of the Service Provider or its employees or subcontractors. Customer shall be responsible for the cost of procuring course of construction or Builder’s Risk insurance at owner’s option. The parties hereby waive any claim against the other for consequential damages, including, but not limited to, loss of rental value, loss of use, or loss of access arising from the Work or the performance thereof.

9. Promotion: The Customer authorizes the Service Provider to take photography of the Customers property of the use of promoting the Service Provider’s services at its discretion and grants the Service Provider the sole right in the intellectual property of any such photography. Names and addresses will NOT be used.
10. Cancellations & Changes to Schedule: If cancellations are made within 24 hours of project, this may result in additional fees. If worksite conditions change while technicians are onsite, this may result in additional fees.

Payment Terms

1. In most cases, seventy (70) percent of the project total is due prior to scheduling. The remainder balance due upon completion. Scheduling and ordering of products will commence once deposit is received. Final invoice will reflect changes to scope in the form of additions or deletions. The balance is due within ten (10) days of project completion and will be drafted if no reply is made prior in writing. Full payment, or the balance, shall be due immediately after service is completed. If payment is not received in full within in 10 days upon completion of the Work or Invoice date, whichever is greater, fifteen percent (15%) interest will be assessed to remaining balance monthly, and no further work will commence unless otherwise agreed in writing between the Service Provider and the Customer and shall be paid in US Dollars. The Customer may cancel or update their billing method at any time by contacting the Service Provider.

2. Materials Escalation: In the event of significant delay or price increase of material, occurring during the performance of the agreement through no fault of the Service Provider, the Contract Sum, time of completion or contract requirements shall be equitable adjusted in writing in accordance with the procedures of the Contract Documents. A change in price of a material item will be considered significant when the price of an item increases 10% between the date of these approved Estimate/ Terms and Conditions and the date of installation. Such price increase shall be documented through quotes, change order, invoices or receipts. Where the delivery of material is delayed, through no fault of the Service Provider, as a result of the shortage or unavailability of materials, the Service Provider shall not be liable for any additional costs or damages associated with such delays.

Return of Property

1. Property remains Property of the Service Provider until full payment is received. Intellectual property remains property of the Service Provider. Upon completion of the Work, the Service Provider will return to the Customer any property, documentation, records or confidential information that is the property of the Customer.

Disputes

1. In the event of legal action or arbitration arising from the performance of this Agreement, the prevailing party shall be entitled to recover, in addition to any other damages or award, its reasonable attorneys’ fees, expert witness and consultant fees, as well as taxable and nontaxable costs associated with the action or arbitration.

2. In the event a dispute shall arise between the parties to this agreement, the parties agree to participate in mediation in accordance with the mediation procedures in the Commercial Arbitration Rules of the American Arbitration Association. The parties agree to share equally in the costs of the mediation. If mediation is unsuccessful, the parties agree to arbitrate their dispute pursuant to the Expedited Procedures set forth in the Commercial Arbitration Rules of the American Arbitration Association.

3. Customer and the Service Provider agree that any action or arbitration arising from or related to this Agreement shall occur in Maricopa County, Arizona, and Arizona law shall apply to any such dispute, without resort to conflicts of law principles. 

Return & Exchange Policy

1. Original Receipt- The original receipt or packing slip is required for all returns or exchanges. If returning or exchanging an item in a Lanza AV store, a valid photo ID is required.

2. Return & Exchange Period: 30 days for all new, unopened, and uninstalled products. After 30 days, all material is handled on a case-by-case basis by Lanza. Item(s) must be returned in original packaging. Thirty percent (30%) restocking fee will be applied to items over 30 days and not in original packaging. Special ordered items are any product not typically carried by the Company are not eligible for return to the Company.

3. Nonreturnable Items: Labor, delivery and/or installation services. Materials used on installation services including but not limited to sealants, connectors, wall plates and any other miscellaneous construction material. TVs are not refundable once open from original packaging. Consumable items such batteries. Items that are damaged or abused. Items that are missing accessories such as remote controls, cords and cables. Etched or otherwise personalized items.

4. Any returnable item is to be processed in office. 

RIGHT TO FILE A COMPLAINT

You have the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of section 32-1154, subsection. Any such complaint must be filed within the applicable time period as set forth in A.R.S. § 32-1155, Subsection A. The Arizona Registrar of Contractors may be reached at 602-542-1525 or www.azroc.gov.

Control Systems:  Equipment specified or supplied by customer that is not manufactured or supported by the control system manufacturer, may not integrate in to the system or  system applications. Even if initially integrated, these items may not remain integrated due to changes in technology, hardware and/or software. We will provide updates when they become available and will do our best to service those items.

Network Requirements: Control Systems require the use of business class/commercial grade network equipment throughout the network to ensure the reliability of communication between devices. These higher quality components also allow for more accurate troubleshooting when needed. We cannot guarantee or warranty system component integration.