Warranty T&C’s

Subject to the terms below, Advanced Nexus Designs offers the following Limited Lifetime Workmanship Warranty.

1. Definitions

• Client means the party identified as the customer on the original signed contract or statement of work, including any successor entity arising from merger, reorganization, or acquisition of substantially all assets of the original client.
• System means the integrated audiovisual and technology installation as described in the original scope of work.
• Workmanship means the labor, installation methods, configuration, mounting, cabling, termination, and physical assembly performed by Advanced Nexus Designs personnel or its authorized agents.
• Material Alteration means any change to the system that modifies its physical configuration, signal routing, mounting, structural integration, or core functionality, performed by any party other than Advanced Nexus Designs. Routine firmware updates, content changes, software configuration changes, replacement of consumables, and like-for-like component swaps performed under manufacturer guidance do not constitute Material Alterations.
• Lifetime means the period beginning on the date of substantial completion and continuing for so long as the original System remains in place at the original installation site, has not been subject to a Material Alteration, and continues to be operated within manufacturer specifications.

2. Coverage

Advanced Nexus Designs warrants to the Client that all Workmanship performed will be free from defects in installation for the Lifetime of the System under normal use and conditions.

This warranty covers deficiencies directly attributable to improper installation, application, or Workmanship by Advanced Nexus Designs.

If a covered defect is identified, Advanced Nexus Designs will, at its reasonable discretion and at no cost to the Client for covered labor:

• Repair the defective Workmanship; or
• Re-perform the affected portion of the Workmanship to a condition consistent with the original scope.

This is the Client’s sole and exclusive remedy for any defect in Workmanship.

3. Eligibility and Assignment

Coverage under this warranty requires all of the following:

• The project has been paid in full.
• The Client has complied with the maintenance and notice obligations described below.
• The System has not been subject to a Material Alteration.

This warranty is personal to the Client and is not transferable to subsequent owners or occupants of the property without the prior written consent of Advanced Nexus Designs, which will not be unreasonably withheld. A successor entity arising from merger, reorganization, or acquisition of substantially all of the Client’s assets is deemed the Client for purposes of this warranty without further consent.

4. Exclusions

This warranty is limited strictly to Workmanship. The following are expressly excluded:

Materials and Equipment

• Defects, failures, or limitations of any hardware, software, or materials supplied by manufacturers, which are governed exclusively by the applicable manufacturer warranties.

Normal Wear and Aging

• Deterioration consistent with normal use, age, or the published service life of installed components.

External Events

• Acts of God, including storms, earthquakes, flooding, fire, lightning, and power surges.
• Accidents, vandalism, theft, impact damage, and environmental exposure beyond the conditions for which the System was designed.

Use and Maintenance

• Neglect, misuse, abuse, or operation outside manufacturer specifications.
• Failure to perform reasonable preventative maintenance as described in Section 6 below.

Third-Party Work and Modifications

• Modifications, repairs, additions, or alterations to the System performed by any party other than Advanced Nexus Designs, except as expressly permitted under the definition of Material Alteration above.
• Damage caused by other contractors, trades, or service providers.

Structural and Pre-Existing Conditions

• Failures arising from underlying structure, sub-surfaces, electrical service, network infrastructure, or pre-existing conditions not caused by the Workmanship of Advanced Nexus Designs.

Programming, Configuration, and Software

• Issues arising from software, firmware, control system programming, or network configuration, except where the issue is directly caused by initial installation Workmanship and is reported within ninety (90) days of substantial completion.

5. Manufacturer Warranties

Equipment installed by Advanced Nexus Designs is covered by the warranties of the respective manufacturers. Advanced Nexus Designs will reasonably assist the Client in coordinating manufacturer warranty claims during the first twelve (12) months following substantial completion. After that period, manufacturer warranty coordination is available under a separate service agreement.

6. Maintenance Responsibility

Audiovisual and technology integration systems require routine preventative maintenance to operate reliably over time. The Client acknowledges and agrees that:

• Ongoing maintenance is the responsibility of the Client unless a separate service agreement is in place with Advanced Nexus Designs.
• Reasonable preventative maintenance includes, at minimum, keeping equipment free from dust and obstruction, ensuring adequate ventilation, applying manufacturer-recommended firmware and software updates, and protecting equipment from power irregularities through appropriate surge protection or conditioned power.
• Failure to perform reasonable preventative maintenance may result in performance issues that are not attributable to Workmanship and are therefore not covered under this warranty.

Preventative maintenance is not included in this warranty. Scheduled maintenance plans are available through Advanced Nexus Designs under separate written agreement.

7. Claim Process

To initiate a warranty claim, the Client must:

1. Notify Advanced Nexus Designs in writing at [email protected] within thirty (30) days after discovering the issue, including a description of the symptom, the affected location, and the date of discovery.
2. Provide reasonable access to the installation during normal business hours for inspection.
3. Allow Advanced Nexus Designs a reasonable opportunity to inspect, diagnose, and remedy the issue before engaging another party.

Response Commitment

Advanced Nexus Designs will acknowledge a written warranty claim within two (2) business days and will provide a written determination of coverage and a proposed remedy plan within ten (10) business days following inspection. If a claim is denied in whole or in part, the written determination will include the basis for the denial.

Service Call and Non-Warranty Issue Charges

If Advanced Nexus Designs dispatches personnel to evaluate a reported issue and the written determination concludes that the condition is not the result of a Workmanship defect covered under this warranty, the Client agrees to the following:

• A service charge will apply for time spent on site.
• Labor will be billed at the then-current published rate, presently $160 per technician per hour.
• Charges may include reasonable travel time and any additional work performed at the Client’s written request.

By requesting service, the Client acknowledges and agrees to these terms in situations where the issue falls outside of warranty coverage. The Client may decline a non-warranty service before work begins, in which case only the inspection and travel time will be billed.

8. Limitations of Liability

To the maximum extent permitted by applicable law, Advanced Nexus Designs shall not be liable for:

• Indirect, consequential, incidental, special, or punitive damages.
• Loss of use, loss of revenue, loss of profits, or business interruption.
• Property damage beyond the scope of the original Workmanship.
• Damages exceeding the total amount paid by the Client to Advanced Nexus Designs for the Workmanship that is the subject of the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the limitations above may not apply to a particular Client. This warranty gives the Client specific legal rights, and the Client may have other rights that vary by jurisdiction.

9. Disclaimer of Other Warranties

Except as expressly stated in this warranty, Advanced Nexus Designs makes no other warranties, express or implied, regarding the Workmanship. To the maximum extent permitted by law, all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the term of this express warranty. Nothing in this warranty is intended to limit any non-waivable rights the Client may have under the California Song-Beverly Consumer Warranty Act or other applicable California law.

10. Governing Law and Dispute Resolution

This warranty is governed by the laws of the State of California, without regard to conflict of laws principles. Before initiating any formal proceeding, the parties agree to attempt good faith resolution through direct discussion within thirty (30) days of written notice of a dispute. If resolution is not reached, any dispute arising under this warranty shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, with the arbitration to take place in the county of Advanced Nexus Designs’ principal place of business. Judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees, except as the arbitrator may otherwise allocate. Nothing in this section prevents either party from seeking provisional or injunctive relief in a court of competent jurisdiction.

11. Entire Agreement and Severability

This warranty, together with the original signed contract or statement of work, constitutes the entire understanding between the parties regarding workmanship coverage and supersedes any prior or contemporaneous representations on the subject. If any provision of this warranty is held to be unenforceable, the remaining provisions shall remain in full force and effect.

12. Good Faith Commitment

Advanced Nexus Designs is committed to standing behind our work and maintaining long-term relationships with our clients. Beyond the terms above, we will work in good faith to resolve concerns fairly, promptly, and professionally.