Rackbuild Inc. – Terms and Conditions for Subcontracted AV Labor Services
These Terms and Conditions (“Agreement”) govern all labor services provided by Rackbuild Inc. (“Rackbuild”) to its customers (“Client”), who are audiovisual (AV) integrators subcontracting Rackbuild labor for the purpose of AV system installation, configuration, testing, and related support services.
By engaging Rackbuild for any labor services, the Client agrees to be bound by the terms set forth below.
1.
Scope of Services
Rackbuild shall provide qualified AV labor personnel, including technicians, installers, and project leads, to perform installation, integration, and support of AV systems as specified by the Client’s project requirements. Rackbuild does not supply equipment unless otherwise agreed in writing.
2.
Project Scheduling
Clients must submit requests for labor services at least 5 business days in advance of the project start date. Rackbuild will confirm labor availability and project assignment upon receipt of project details and any necessary documentation, such as floor plans, scope of work, or site access information.
3.
Project Cancellations
Cancellations received within 3 business days of a scheduled project start date will be subject to a 25% cancellation fee, based on the total estimated labor charges for the canceled project.
To avoid this fee, cancellations must be received in writing and confirmed by Rackbuild at least 3 full business days before the scheduled start time.
4.
Late Reschedules
Rescheduling requests made within 3 business days of the scheduled start date may be subject to additional fees, which will be determined based on resource allocation and availability impact.
Rackbuild will make reasonable efforts to accommodate rescheduling requests but does not guarantee labor availability on newly requested dates.
5.
On-Site Expectations
Clients are responsible for ensuring that job sites are ready and accessible for Rackbuild personnel. This includes:
- All required equipment being delivered to site before installation begins
- Necessary permits or site access clearances secured
- Any on-site contacts or supervisors informed of Rackbuild’s scope
Delays caused by job site unpreparedness may result in additional charges.
6.
Billing and Payment Terms
Unless otherwise agreed in writing:
- Labor is billed at the agreed hourly or daily rates.
- Invoices are due net 15 days from the date of issue.
- Late payments may incur a 1.5% monthly finance charge on unpaid balances.
Retainers or deposits may be required for new or large-scale projects.
7.
Warranty and Liability
Rackbuild warrants that all labor will be performed in a professional and workmanlike manner. This warranty does not cover issues related to third-party hardware, software, or improperly supplied instructions or equipment.
Rackbuild’s liability for any claim arising from services performed is limited to the amount paid by the Client for those specific services.
8.
Indemnification
Client agrees to indemnify and hold harmless Rackbuild and its personnel against any claims, liabilities, damages, or expenses arising from:
- Client-provided equipment failure
- Site safety hazards not disclosed in advance
- Delays or scope changes not attributable to Rackbuild
9.
Independent Contractor
Rackbuild and its personnel are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship between Rackbuild and the Client.
10.
Force Majeure
Rackbuild shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, weather events, labor shortages, or government actions.
11.
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
12.
Entire Agreement
These Terms and Conditions, along with any written project quotes or confirmations, constitute the entire agreement between Rackbuild and the Client. No verbal agreements or modifications shall be enforceable unless confirmed in writing by both parties.
Contact Information:
Rackbuild Inc.
335 South White St., Wake Forest, NC 27587
Phone: 919-632-6161
Email: sales@rackbuild.com
Website: www.rackbuild.com