The following are the terms and conditions under which AMERICAN TELECOMMUNICATIONS SERVICES will perform maintenance, moves/changes and/or disconnect services. Charges will apply for such services unless AMERICAN TELECOMMUNICATIONS SERVICES has agreed to perform the service under another agreement between AMERICAN TELECOMMUNICATIONS SERVICES and the Customer.
INVOICES & PAYMENTS: An invoice for services will equal the sum total of: time with one hour minimum service charge, applicable material charges, and taxes. Payment is due upon receipt of bill. Title of equipment passes to buyer upon receipt of full payment for all invoices.
If any invoice is over 30 days past due AMERICAN TELECOMMUNICATIONS SERVICES reserves the right to remove any or all material shown on invoice(s) to satisfy any outstanding invoices or payments. For purposes of computing costs for crediting to outstanding invoices, equipment will be considered used.
AMERICAN TELECOMMUNICATIONS SERVICES will notify buyer or end user, in writing via certified mail, 7 days prior to removal of equipment.
MATERIALS: When performing services under this agreement, AMERICAN TELECOMMUNICATIONS SERVICES may use at its discretion new or re-manufactured materials, including parts or products. In those cases where new or re-manufactured products or parts are no longer available, AMERICAN TELECOMMUNICATIONS SERVICES may use, at its discretion, used parts or products. For equipment owned by the Customer, all materials used in replacement shall become property of the Customer.
WARRANTY: AMERICAN TELECOMMUNICATIONS SERVICES warrants to the Customer that parts or products (in the case of an exchange) used or supplied under this agreement will work properly for a period of 90 days from the date of completion of services under the agreement. If Customer notifies AMERICAN TELECOMMUNICATIONS SERVICES within the warranty period that a part or product used or supplied under this agreement fails to work properly. AMERICAN TELECOMMUNICATIONS SERVICES shall repair or replace (at the option of AMERICAN TELECOMMUNICATIONS SERVICES) such part or product at no expense to the Customer. Subsequent repair or replacement of the part/parts or product/products does not extend the warranty. The foregoing warranties are exclusive and are in lieu of all other express or implied warranties, including but not limited to warranties of merchant-ability and fitness for a particular purpose. Customer’s sale and exclusive remedy shall be AMERICAN TELECOMMUNICATIONS SERVICES obligation to repair or replace as set forth above.
LIMITATION OF LIABILITY: Neither AMERICAN TELECOMMUNICATIONS SERVICES nor its subcontractors shall be liable for any indirect, incidental or consequential damages (including lost profits) sustained or incurred in connection with services performed or materials, supplied under this agreement, regardless of the form of action, whether in contract, tort. Including negligence, strict liability or otherwise, and whether or not such damages were foreseen or unforeseen, and, except for personal injury caused by the negligence or AMERICAN TELECOMMUNICATIONS SERVICES or its subcontractors shall be liable for direct damages in excess of $50,000.00. No action or proceeding against AMERICAN TELECOMMUNICATIONS SERVICES or its subcontractors may be commenced more than (1) year after services are completed.
PROOF OR WARRANTY: This document is the Customer’s proof of warranty and should be presented to the technician prior to performance of any warranty service.
Any suits filed against AMERICAN TELECOMMUNICATIONS SERVICES are to be filed in the State of Florida, County of Orange.