Terms and Conditions for Luxury Home Cinema Installation Projects

Objet du contrat

This agreement governs the relationship between AV Concept Products (hereafter "AVCP") and the Client for the installation of a luxury home cinema, delineating each party's responsibilities.

This contract is designed to protect you, the esteemed client, and to contractually assure the exquisite outcome of your luxury home cinema project. We pledge precise delivery timelines and offer flexibility in scheduling works.

This guarantees that your bespoke installation is completed punctually, with flawless results, and outlines the procedure for any necessary maintenance.

On our part, this contract enforces adherence to our organisational processes, ensuring timely delivery, exceptional outcomes, technician well-being, and accurate payment of deposits and final balances.

Definitions

Quotes encompass all equipment and services to be rendered.

An order is confirmed once AVCP receives the initial deposit from the client. Deposit details are outlined in Annex 2 of this agreement.

Installation services include all man-hours, travel expenses, raw materials, and consumables necessary for the completion of the work.

Modification de commande

Should the Client desire additional works at their residence, they must communicate this request to the account manager, not directly to the technicians.

If equipment or services are added post-initial order confirmation, AVCP will issue a separate invoice.

Any alterations to the plans, equipment, or other elements of the original project must be confirmed in writing by AVCP to the Client via any available communication means (video, email, SMS, WhatsApp, etc.).

The total amount of a confirmed order cannot be reduced due to order changes.

Installation Delivered & Installation Completed

Definitions

An installation is considered delivered when the specified equipment is installed, operational, and ready for your enjoyment.

An installation is complete when final touches, adjustments, settings, calibrations, and comprehensive client training on the entire system are accomplished.

It is understood that AVCP is accorded a maximum of 30 calendar days between delivery and finalisation of the installation.

This period accounts for the availability of both the Client and AVCP teams to coordinate a suitable time between delivery and finalisation.

Should you be unavailable within 30 calendar days post-delivery, AVCP will conduct setup, configuration, and calibration in advance of your training session.

Client training can be arranged at a later date according to your availability. An additional fee will apply for the audio/video specialist's travel.

Installation Timelines

Lors de la validation ou dans les jours qui suivent la validation de la commande, AVCP et le Client conviennent de la ou des dates d'intervention.

AV Concept Products s'engage ainsi sur une date de livraison de l'installation "au plus tard" chez le Client.

If desired, the Client may request inclusion on a waiting list for an earlier installation date, subject to AVCP's scheduling availability.

In this scenario, the Client consents to a proposed date between 5 and 20 calendar days before the initially planned installation date. The Client is free to accept or decline this date. If declined, the original date remains valid.

If the Client accepts the earlier date, they must remit an additional 30% deposit within 48 hours to secure construction materials and prepare the site. The remaining balance is due upon installation completion.

Retard de livraison d'installation

Should a delivery delay attributable to AV Concept Products exceed 10 business days, AVCP agrees to apply a late delivery fee deduction of 2% of the project value.

These late fees are payable or deductible from the final invoice if, and only if, the delay is solely due to AVCP.

AVCP commits to completing the Client's installation within 45 days after the originally scheduled date.

If AVCP is unable to finalise the installation within 45 calendar days of the initially planned date, a further 2% late fee on the total order amount will be credited to the Client.

These late fees are applicable only if the delay is solely caused by AVCP.

Cadre requis pour les installations

For interventions on a construction or renovation site, AVCP and the Client will agree on the necessary progress of the site to allow AVCP technicians to begin work.

The Client commits to ensuring that the installation site is accessible and in the agreed state during project preparation, and to provide access as pre-arranged with AVCP.

The conditions required for AVCP technician intervention include, but are not limited to, the following accessibility criteria:

• Access to water and electricity
• Des toilettes fonctionnelles et accessibles
• A clear and secure pathway for transporting tools, equipment, and materials to the installation area
• An installation environment maintained between 10°C and 30°C
• An installation site accessible from 8 AM to 6 PM
• Site accessibility for delivery vehicles (exceeding 3.5 tons)

If any of these criteria cannot be fulfilled, the Client must inform AVCP at least 15 days prior to the scheduled intervention date.

Failure to meet these criteria may result in additional costs billed to the Client by AVCP. If the site is not in the agreed stage of progress, AVCP reserves the right to postpone the intervention. Minimum cancellation fees for travel will then be charged. These amounts are detailed in the contract's Appendix.

If an intervention delay is requested by the Client, the delivery and deposit payment phases specified in this contract apply to the initially determined dates.

In this case, if the installation delivery date is rescheduled, the balance of the project will still be due according to the originally planned delivery date by AVCP.

AVCP commits to adhering to the timelines between delivery and finalisation of the installation as stipulated in this contract.

Conditions de Garantie et Maintenance

All installed equipment is covered by its original manufacturer's warranty, typically ranging from 2 to 5 years depending on the item. The warranty commences from the invoice date post-final delivery.

For the first 6 months following installation delivery, AVCP offers an all-inclusive maintenance service for any installation-related malfunctions.

Beyond this period, the Client can opt for a "Premium Warranty" to enjoy extended maintenance services. Details are outlined in Annex 3.

Installation Payment Schedule

Order Confirmation Payment

Un acompte minimum de 20% du montant total permet de valider la commande et de verrouiller les prix contre toute augmentation tarifaire future.

A 50% deposit secures the procurement of audio-visual equipment.

The Client has a period of 24 months to complete their installation following the first deposit.

Pre-Installation Payment / Audio-Visual Equipment Procurement

75 days before the scheduled intervention, the Client must have settled 50% of the total order amount.

If payment is made less than 65 days before the intervention, the installation date may need to be rescheduled.

Pre-Installation Payment / Material Procurement

35 days before the scheduled intervention, the Client must have settled 80% of the remaining balance.

25 days before the intervention, late payment may necessitate rescheduling.

Post-Installation Payment

The Client agrees to settle the remaining balance within 5 calendar days following the installation delivery.

AVCP commits to completing the installation within 30 calendar days following delivery.

Retard de paiement

In the event of a late payment, AVCP will be unable to provide maintenance until the balance is settled.

Additionally, late payment penalties will apply, calculated at four times the legal interest rate.

Retention of Title Clause

Delivered products remain the property of AV Concept Products until full payment, including any additional fees and interest for late payment, is completed.

In case of non-payment, AV Concept Products reserves the right to repossess the delivered products, without prejudice to any other actions.

Maintenance en fin de chantier

If delivered and installed equipment is non-operational due to a fault, AV Concept Products will facilitate repair with the supplier.

A non-functional device at delivery should not impede the payment of the remaining balance.

AVCP commits to resolving any defective equipment issues within 45 calendar days following the initially planned installation completion date.

The Client agrees to settle the invoice balance by the scheduled installation delivery date. As long as the overall installation is functional, a faulty device should not, under any circumstances, prevent payment of the order balance.

If a device failure renders the installation completely unusable, the Client is not obliged to pay the balance. AVCP will provide equivalent equipment (of a higher or lower range) during the manufacturer's repair period.

General Conditions

Termination

In the event of a serious breach by either party, the other party may terminate this contract.

Loi applicable

This contract is governed by the laws of France.

Annexes

• Annexe 1 – Types de validations de projet
• Annexe 2 – Pourcentages d'acompte
• Appendix 3 – Additional Services
• Appendix 4 – Travel Cancellation Fees

Appendix 1 – Types of Project Validation or Pre-Project Validation

Upon receiving a quote, the Client has two options:

1. Valider le projet sur devis initial
2. Confirm the layout by settling the associated service fees
3. Approve the project upon layout receipt

Validation du projet sur devis initial

By directly confirming the project without proceeding to the design phase, AVCP guarantees to execute the project for the agreed amount.

Pre-Project Layout Validation

If the Client wishes to first receive a comprehensive project preview, complete with execution plans and realistic 3D views, without confirming the project, they can pay for a design service.

This service does not imply any further commitment from the Client. They are free to accept or reject the project following its presentation.

The service for creating 3D plans and views can be deducted from the total project cost if the Client approves and pays a deposit within 30 calendar days of receiving the initial elements from AVCP.

Project Validation Based on Pre-Project Layout

As we proceed through the planning and 3D rendering phase, AVCP refines the initial proposal presented to the Client. The final project cost may fluctuate by approximately ±15% compared to the initial estimate.

Annexe 2 – Acompte pour validation de projet

A project is deemed approved once the Client has made a deposit.

Acompte de 20%

Securing your investment with a 20% deposit ensures the current pricing is locked, safeguarding against any future price increases. AVCP is dedicated to crafting a bespoke layout, detailed execution plans, and hyper-realistic 3D renderings, while managing the project through to its completion.

Should there be advancements in equipment technology, such as updating a model to a newer version:

• If the price of the new model exceeds the previous one, the Client is responsible for the price difference.
• If the price is lower than the previous generation, the Client can request AVCP to update the entire order. The Client can choose between adopting the new pricing or maintaining the original pricing.

Acompte de 50%

A 50% deposit not only secures the benefits of the 20% deposit but also includes:

• Upgrading equipment to the latest generation incurs no cost to the Client.
• AVCP's procurement of the Client's ordered equipment facilitates the dispatch of certain materials during the preliminary construction phase.

The Client has the flexibility to remit the 20% or 50% deposit either in a single payment or through multiple instalments. The date on which AVCP receives a cumulative 50% deposit will confirm the Client's eligibility for the benefits associated with this deposit level.

Appendix 3 – Additional Services

User Training (Excluding Configuration)

Should the Client be unavailable on the agreed date for equipment setup, AVCP can arrange an additional visit at a more convenient time. This service will incur additional charges.

In such instances, the Client will be responsible for the travel and accommodation costs of the technicians, payable upon confirmation of the schedule change, with a minimum fee of €2000.

Travel for Client Training (Independent of Calibration)

Any dedicated travel for Client training on the Home Cinema system, excluding calibration/configuration, will be charged at €890 including tax.

Service de Garantie Premium

AVCP provides a 3-year guarantee on its installations. During this period, Clients benefit from a preferential service package should AVCP need to perform any maintenance on their installation.

With maximum response times and fixed travel costs, Clients can plan confidently when AVCP technician intervention is necessary.

For Clients seeking expedited service, AVCP offers a Premium warranty option. This covers all travel expenses, charging only a reduced and pre-determined intervention fee. Additionally, it provides the convenience of receiving a replacement product while the original is being repaired.

Tarifs Garantie Premium (3 ans)

Appendix 4 – Travel Cancellation Fees

In the event of a Client-initiated cancellation of a scheduled AVCP visit, the following fee structure will apply to cover incurred costs:

Cancellation 30 calendar days or more prior to the scheduled intervention date

• Paris Region: €970 incl. tax
• Metropolitan France: €1600 incl. tax
• DOM TOM / Autres pays : 2 500€ ttc

Cancellation 10 calendar days or more prior to the scheduled intervention date

• Paris Region: €1450 incl. tax
• Metropolitan France: €1200 incl. tax
• DOM TOM / Autres pays : 3 100€ ttc