Agreement
This Agreement is entered into by FORTECH (“Contractor”) and the Client identified in the associated Proposal. This document and the Proposal together constitute the entire agreement and supersede all prior communications, whether written or oral.
Scope of Work
The Scope of Work is strictly limited to the services, products, and deliverables explicitly defined in the Proposal. Any items not expressly listed are excluded.
Payment Terms
Structure
Payment terms align with defined project milestones as outlined in the Proposal. Each milestone constitutes a project “gate.” FORTECH reserves the right to suspend labor, scheduling, or material deliveries for subsequent phases until the current milestone invoice is paid in full.
Substantial Completion
Substantial Completion is the point at which the system is sufficiently complete for its intended use, even if minor punch-list items remain. This milestone triggers final invoicing and warranty commencement.
Any retained amount must be reasonable and proportional to the remaining work and shall not exceed 5% of the applicable phase value.
Invoicing
Invoices are issued at project milestones (e.g., rough-in, trim, final) and are due Net 15 unless otherwise specified. Builder clients may qualify for modified terms, including deposit waivers. Small projects require 100% upfront payment.
Change Orders
All Change Orders require approval prior to execution. Unless otherwise specified, payment is due upon acceptance.
Change Orders involving special-order or custom materials require 100% upfront payment and become non-refundable once materials are ordered.
Cancellations
Changes or cancellations after equipment has been ordered are subject to a 10% restocking fee. Custom product may not be cancelled or refunded once produced by the manufacturer.
Late Payments
Invoices not paid within five (5) business days of the due date are considered delinquent and incur a finance charge of 1.5% per month (18% APR).
FORTECH reserves the right to suspend work until the account is current. The Client is responsible for all collection-related costs.
Contractor Rights
FORTECH reserves all legal remedies, including the right to file mechanic’s or materialman’s liens in the event of non-payment.
Project Execution
Equipment and Performance
FORTECH may substitute equipment with comparable models of equal or greater value in the event of obsolescence, discontinuation, or unavailability.
System performance is based on expected site conditions. Unforeseen conditions, interference, or additional material requirements may require adjustments through a Change Order.
Client-Provided Equipment
Client-supplied or third-party equipment may result in reduced performance, instability, limited functionality, or additional labor. FORTECH assumes no responsibility for compatibility or performance of such equipment.
Change Authorization
All modifications must be approved prior to execution. Minor or urgent changes may proceed with verbal authorization and will be formally documented afterward.
Equipment Location
Final placement may be impacted by other trades or site conditions.
Equipment installed in cabinetry or enclosed spaces must meet clearance and ventilation requirements. Modifications required to meet these conditions are not included unless specified.
FORTECH is not responsible for defects in construction, mounting surfaces, or structural integrity, including stone, tile, framing, or finish materials.
Exclusions
Unless explicitly included, the following are excluded:
- Internet or service provider setup
- Sheetrock or paint repair
- Electrical work
- Conduit or trenching
Required third-party services must be active prior to installation. Delays may result in additional charges.
System performance may be affected by electrical conditions such as improper grounding or voltage irregularities. Any required remediation is not included.
Networking
FORTECH is not responsible for ISP performance, outages, or third-party platform interruptions.
While reasonable security practices are implemented, FORTECH makes no guarantee against unauthorized access, cyber threats, or data loss.
Site Conditions
The Client must provide safe, clear, and timely site access.
Delays caused by site conditions, other trades, or inaccurate information may result in additional charges.
Same-day cancellations due to site unreadiness will incur a $300 minimum mobilization fee.
Service & Warranty
Coverage
This Service Policy is offered exclusively to the original purchaser and is non-transferable.
FORTECH warrants workmanship and Contractor-supplied equipment for one (1) year from Substantial Completion or first beneficial use, whichever occurs first, under normal residential use.
FORTECH will, at its discretion, repair, replace, or adjust defective components at no cost during this period.
Service Continuity
FORTECH may provide temporary or advance replacement equipment during the warranty period. Availability is not guaranteed.
Exclusions
This warranty does not cover:
- Misuse, neglect, or accidental damage
- Environmental events such as lightning or flooding
- Unauthorized modifications or third-party interference
- Client-provided equipment
- Products not purchased from FORTECH
- Handheld remotes or interface devices beyond 90 days
- Training, reprogramming, or adjustments beyond 90 days
- Service outside normal business hours
Also excluded:
- Network outages or ISP-related issues
- Manufacturer-driven firmware or software updates beyond 90 days
Manufacturer Warranty
FORTECH will assist with manufacturer warranty claims. Removal, submission, and reinstallation are billed at standard service rates.
TV Installation
Televisions are covered solely by manufacturer warranties. FORTECH does not provide replacements or loaner units.
Limitation of Liability
FORTECH’s total liability is limited to the amount paid under this Agreement.
FORTECH is not liable for indirect, incidental, or consequential damages, including loss of use, data, or profits.
Indemnification
The Client agrees to indemnify and hold FORTECH harmless from claims arising from misuse, negligence, or breach of this Agreement.
Legal
Legal
This Agreement is governed by the laws of the State of Tennessee, with jurisdiction in Hamilton County.
Disputes will first proceed through mediation, followed by binding arbitration if necessary.
If any provision is deemed unenforceable, the remaining provisions remain in effect.
Privacy
FORTECH does not sell client data. Information is used solely for project execution, accounting, and relevant communications.
By approving a FORTECH proposal, you acknowledge and agree to these Terms & Conditions.