Hardware Assumptions and Terms

1. PAYMENT & HARDWARE AVAILABILITY

a. Sales Tax. Initial fees do not include sales tax (where applicable).

b. Billing. Hardware, shipping and installation are billed upon project commencement. Any costs exceeding the initial deposit for installations, or additional service fees incurred, will be invoiced post-installation.

c. Payment Terms. Invoices shall be payable within thirty (30) days after invoice date. If hardware, shipping or installation invoices are not paid within thirty (30) days, Engrain may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of these services.

d. Purchase Date. For the purposes of this agreement Purchase Date is defined as the date Engrain purchases client contracted hardware.

e. Hardware Pricing. Hardware pricing assumes the Licensee will authorize Engrain to purchase hardware within four (4) months of the execution date of the Purchase Authorization. Hardware purchased after this four (4) month window may be subject to material cost increase, billable to Licensee.

f. Hardware Availability. Engrain shall not be liable hereunder by reason of any failure or delay in the performance of its hardware obligations on account of material shortages which are beyond the reasonable control of the company. In the event Engrain is unable to fulfill contracted hardware obligations, the Client may choose to approve procurement of an alternate hardware configuration, provided by Engrain in writing, or to remove hardware from the Purchase Authorization and receive a refund of any monies paid for hardware, shipping and installation.

2. INSTALLATION

a. Installations. A $1,000 deposit is required for all installations coordinated by Engrain. The deposit will be billed at project commencement. This amount is a deposit; costs that exceed the deposit amount will be billed post-installation based on the final cost of installation.

b. Wiring and network configuration. All A/V system and panel connection requirements are to be contracted and provided in advance by the Client.

c. Client Hardware. Engrain does not support existing or Client or Third Party provided hardware under this scope of work. If needed, Engrain can be contracted under separate agreement to assist with existing or Client-provided hardware.

d. Site Surveys. Pre-installation site surveys are available upon request for an additional fee.

e. Trip Fee. If an installer is unable to complete the installation and is required to return to the property, a return trip fee may be charged if the total invoiced amount Engrain receives from the installer exceeds $1,000. Fees vary based on screen size: $340 for screens 55" or less, and $450 for screens 65" or larger. Typical examples include internet or power not previously connected, the onsite contact becoming unavailable during the scheduled installation window, or lack of site readiness.

f. Installer Cancellation Fee. Cancellation of a scheduled installation must be made with 24 hours notice or a cancellation fee may apply if the total invoiced amount Engrain receives from the installer exceeds $1,000. Fees vary based on screen size: $340 for screens 55" or less, and $450 for screens 65" or larger.

g. Additional Service Fees. Occasionally additional service fees may apply and will vary based on the situation. Examples of additional fees include requests that the installer run power or internet (not all installers are licensed for this), non-standard installations (curved walls, specialty wallcoverings, unspecified recesses), multi-screen installations and requests to move previously installed screens at the time of install.

3. SHIPPING

a. Expedited Shipping. Fees for expedited shipping will vary and requires a pricing estimate from Engrain. Please note that not all hardware qualifies for expedited shipping; specifically, screens 55” and larger do not qualify for FedEx Express services.

b. Reconsignment Fee. If freight must be stored before delivery or cannot be delivered as planned, holding fees may apply.

4. STANDARD WARRANTY

a. Manufacturer’s Warranty. Equipment purchased through Engrain is covered by the manufacturer’s warranty. The manufacturer warranty is valid for five (5) years from hardware Purchase Date as defined in Section 1 (“Purchase Date”).

b. Hardware Support Program. Engrain provides supplemental hardware support for up to twenty-four (24) months from date of hardware delivery. This hardware support program includes assistance in working with the manufacturer to process defective equipment claims. Engrain Support staff will work with Client to investigate, troubleshoot, and resolve any hardware malfunction as quickly as possible. While Engrain Support representatives will do everything in their power to expedite manufacturer claims, Engrain may not be held responsible for shipping, repair, or replacement delays on behalf of the manufacturer.

5. THIRD PARTY HARDWARE DISCLOSURE

a. Technical Support, as defined in Section 4 of Engrain’s Licensing Terms and Conditions, and Hardware Support is limited to only the hardware provided by Engrain. Any issues or defects that are directly attributable to non-Engrain provided hardware (“Client-Provided Hardware”) or other environmental factors, such as network/WiFi, physical infrastructure, firewalls, etc., are not supported by our support team. While our support team will attempt to assist and troubleshoot, the Hardware Support portion of any product licensing and/or software issues that arise as a result of Customer-Provided Hardware are not supported by Engrain. Upon customer request, Engrain may supply hardware items for purchase to facilitate software compatibility with Customer-Provided Hardware, but Engrain cannot guarantee ongoing compatibility with, or provide support for, Client-Provided Hardware.