Mobile Dash Cam Installation Service Terms and Conditions
This vehicle device installation agreement (this “Agreement”) is entered into as of the undersigned date (the “Effective Date”) by and between the undersigned Customer (the “Customer,” “You,” “Your”), and Sinabro, LLC (the “Company”) an Arizona limited liability company, (each a “Party” and collectively, the “Parties”).
I. Your Vehicle and Devices
Prior to executing this Agreement, you have purchased or will purchase the devices and components (collectively, the “Devices”) identified in the Devices section (the “Devices to be Installed”) above.
You and Your Vehicle
Represent, warrant, and agree that You are at least 18 years of age. You further represent warrant and agree that You are the lawful owner of the vehicle (the “Vehicle”) identified in the Installation Detail, or that having the right to enter into this Agreement for the installation of the Devices.
II. Services and Installation
Dash Camera Installation Service
The installation services (the “Services”) to be provided under this Agreement are for labor only. The company will install the Devices as described in the Installation Detail at the scheduled time (“Scheduled Time”) at the designated location.
Your responsibilities Before and After Installation
You agree that you must:
Read this Agreement carefully;
You should ensure that the vehicle is in good operating condition and that any pre-existing mechanical or electrical issues relating to the Vehicle have been fully disclosed in the “Special Instructions or Notes” section above;
Also make sure that the vehicle is clean and free of trash and debris, ready for installation, and delivered to the designated location at the Scheduled Time;
Finally, check that any and all valuable items have been removed from the Vehicle prior to our visit
III. Payment and Fees
You agree to pay for the Services as described in the Dash Camera Installation Service Detail.
IV. Liability of Company
No Liability for Devices and Repairs
You agree that You have selected, inspected, and purchased the Devices after finding them to be suitable for Your purposes and needs. You understand and agree that Company is not the manufacturer of the Devices and that the Company makes no warranties whatsoever relating to the Devices, their suitability for Your purposes and needs, and any defects whatsoever that exist or occurs in the materials or workmanship of the Devices. Repairs necessitated by software problems, or as a result of alteration, additions or deletions, adjustment and repair services which are necessary due to manufacturer’s recall of Devices are not included.
This Agreement does not cover nor include repairs or damages resulting from: (i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of the Devices or abuse of the Devices (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, failure to follow operating instructions, or use of out of specification supplies), (ii) an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or air conditioning), (iv) the loading of software, software configurations or any data files, or (v) the removal of the Devices from the Vehicle and reinstallation of the Devices thereafter.
Manufacturer Liability for Devices
You agree to hold only the manufacturer of the Devices liable for damages arising from or relating to defects in the Devices.
No Liability if is Vehicle Stolen or Damaged By Third Party. You acknowledge and agree that the Company shall not provide a secure storage facility, video surveillance of the Company’s business premises, security personnel, or other security features for Your Vehicle while it is in the Company’s possession. In the event that Your Vehicle is stolen or damaged by a person other than the Company and its agents, you agree that the Company shall have no liability whatsoever for damages resulting therefrom.
Other Limitations of Liability
In the event that the Company is found to be liable to pay you for damages for any reason whatsoever by a court of competent jurisdiction, You agree that the Company shall not be liable to pay Customer any damages in excess of the amount paid by Customer to Company under this Agreement.
Company warrants to You that the installation will be performed in a good and workmanlike manner in accordance with any installation requirements of the manufacturer of the Devices for a period of one (1) year from the date of installation. The company will correct any installation and wiring defects at no cost to you if the Company is notified of the defect within the one (1) year warranty period. The company is not responsible or liable in any way for defects in the Devices used in connection with the Dash Camera Installation Service.
Products, equipment, parts or materials shall only be warranted by their respective manufacturers, and any claim arising from such defects shall be made solely against such manufacturers.
EXCEPT AS PROVIDED IN THIS SECTION, THE SERVICE IS PROVIDED “AS IS.” COMPANY MAKES NO OTHER LIMITED REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.
LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND COMPANY’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT, IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF COMPANY IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR,
IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE DEVICES, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Time Limitation for Claims
Neither Company nor Customer may institute any action in any form arising out of this Agreement more than one (1) year after the execution of this Agreement, or in the case of nonpayment, more than two (2) years from the date of last payment. With regard to any services that are not within the coverage of this Agreement, it will be within Company’s discretion whether to perform the Dash Camera Installation Service and, if Company elects to perform the services, the services will be subject to an additional charge to be paid by You.
CUSTOMER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD AND SAVE HARMLESS COMPANY, COMPANY’S AFFILIATES AND AGENTS FROM AND AGAINST ANY CLAIMS AGAINST OR LOSS, COSTS, LIABILITIES, FINES, CLAIMS, DEMANDS, DAMAGES, ACTIONS, SUITS, PROCEEDINGS, ASSESSMENTS, JUDGMENTS, OR EXPENSES (including customary and reasonable attorneys’ fees, expenses, and court costs) OCCASIONED BY ANY ACTS OR OMMISSIONS OF THE CUSTOMER, CUSTOMER’S REPRESENTATIVES, AND ANY OTHER PERSON OR ENTITY WHO IS NOT THE COMPANY OR ITS AGENTS, WHETHER KNOWN OR UNKNOWN, ARISING FROM OR RELATING TO THIS AGREEMENT.
If any action is brought against a party (the “Indemnified Party”) with respect to any allegation for which indemnity may be sought from the other party (“Indemnifying Party”), the Indemnified Party will promptly notify the Indemnifying Party of any such claim of which it becomes aware and will: (i) provide reasonable cooperation to the Indemnifying Party at the Indemnifying Party’s expense in connection with the defense or settlement of any such claim; and (ii) be entitled to participate in the defense of any such claim at the Indemnifying Party’s expense. The Indemnifying Party will not acquiesce to any judgment or enter into any settlement that adversely affects the Indemnified Party’s rights or interests without the prior written consent of the Indemnified Party.
V. Dash Camera Installation Service Complaints
In the event that you are dissatisfied with the Dash Camera Installation Service in any way, you agree that you will contact the Company and initiate the current complaint resolution procedures of the Company (“Complaint Procedures”). You may request the Company to advise you regarding its current Complaint Procedures at any time.
You agree that you shall not Communicate any Disparaging Material regarding or relating to the Company to any third party. The verb “Communicate” means any means by which data or information is transmitted from one person, entity or organization to another, regardless of whether such transmission of information is oral, written, electronic, or otherwise. “Disparaging Material” means any information or communication which is defamatory regarding the Parties or that is injurious to the other party’s reputation, interests, or goodwill.
Breach of Non-Disparagement
If you breach the terms of Non-Disparagement above, you agree that you shall within five (5) days of notice from the Company, remove and delete or cause the removal and deletion of any and all Disparaging Material from any and all sources where such Disparaging Material has been published. If you fail to remove and delete or cause the removal and deletion of any and all Disparaging Material from any and all sources where such Disparaging Material has been published within five (5) days of notice from the Company, You agree that you shall be liable to pay the Company a minimum of $2,500 as liquidated damages, in addition to any and all other fees and expenses (including but not limited to reasonable attorneys fees and court costs) that may otherwise become due under this agreement.
For the purposes of this Paragraph, in addition to the notice procedures identified in Section VI, Company may provide effective notice to You by sending a message through the internet platform by which you have published Disparaging Material, and notice from the Company shall be deemed to have been given on the calendar day that immediately follows the calendar day on which the notice was actually sent by Company through such online platform.
VI. General Provisions
The Parties agree that Sections VI, VII, and VIII of this Agreement will survive termination of the Agreement.
The Parties agree that in the event of any actual or threatened breach of this Agreement by the Customer or Customer’s Representatives, Company may be irreparably and immediately harmed. In addition to any other remedy to which Company may be entitled at law or in equity, Company shall be entitled to seek injunctive relief (without the posting of any bond and without proof of actual damages) to prevent further actual or threatened breaches of this Agreement and/or to compel specific performance of this Agreement, and the Customer and Customer’s Representatives will not oppose the granting of any of such relief nor require the posting of any bond. Remedies provided in this Agreement are in addition to, and not in substitution of, any other remedy available under law.
Neither this Agreement nor any of the rights, interests or obligations of either Party hereunder shall be assigned or delegated by Customer (whether by operation of law or otherwise) without the prior written consent of Company. Company may assign this Agreement and all of its right hereunder or under any Statement of Work to any third party. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
Governing Law and Interpretation
This Agreement shall for all purposes be exclusively governed by and interpreted in accordance with the laws of the State of Arizona without giving effect to any conflicts of law rules or principles thereof. Section headings and paragraph titles in this Agreement are for convenience purposes only, and shall not be interpreted to limit the effect of any term of this Agreement.
Any Party bringing a legal action or proceeding against another Party for the resolution of any dispute arising in connection with the interpretation, construction, or enforcement of this Agreement shall bring such legal action or proceeding in any court of the State of Arizona sitting in Maricopa County, Arizona or any federal court having jurisdiction over Maricopa County, Arizona.
Each Party hereto agrees to submit to the exclusive personal jurisdiction and venue of the state and federal courts having jurisdiction over Maricopa County, Arizona, for the resolution of all disputes arising in connection with the interpretation, construction, and enforcement of this Agreement, and hereby waives the claim or defense therein that such courts constitute an inconvenient forum. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to the laying of the venue of any legal action or proceeding arising out of or relating to this Agreement brought in any such courts.
If either party is required to enforce any of its rights under any part of this Agreement, the prevailing party shall be entitled to recover from the other party all attorney’s fees, court costs and other expenses incurred by the prevailing party in connection with the enforcement of its rights.
If any term of this Agreement is found to be unenforceable or contrary to law or policy, it will be modified to the least extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
Neither Party shall be in default by reason of failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes beyond the reasonable or foreseeable control of either Party, including but not limited to, acts of God, acts of terrorism or the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, transportation contingencies, fire, flood, epidemic, restrictions and strikes.
No delay or omission by either Party in exercising any right under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by a Party on any one occasion is effective only on that occasion, and shall not be construed as a waiver of that right or consent as to any other occasion or any other breach.
This Agreement may not be amended except by an instrument in writing signed by all the Parties hereto.
Any and all notices, requests, claims, demands and other communications required or permitted by Customer shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery via registered or certified mail to the Company at the address set forth in this Agreement (or at such other address as Company shall specify in a written notice given in accordance with this paragraph).
Any and all notices, requests, claims, demands and other communications required or permitted by Company may be given via email at the email address identified in this Agreement, or by delivery via registered or certified mail to the Company at the address set forth in this Agreement, and notice from the Company shall be deemed to have been given on the calendar day that immediately follows the calendar day on which the notice was actually sent by Company.
This Agreement, together with any attachments referred to herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations or communications, whether written or oral, relating to such subject matter. The Parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.
IN WITNESS WHEREOF, the authorized representative of Company and Customer have executed and delivered this Customer Agreement as of the Effective Date.
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