Terms & Conditions

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Upon acceptance of this proposal, a deposit equal to sixty-five percent (65%) of the total contract price is due. The remaining balance, including approved change orders and unforeseen labor or materials overruns (up to 20%), is due upon project completion or first day of beneficial use, whichever comes first. Payment may be made by check or credit card. Credit card details may be kept securely on file for convenience.

For phased or extended projects, ESM reserves the right to issue progress billings monthly or as otherwise mutually agreed. Delayed payments may result in service hold status and accrue interest at 3% per month or 24% annually, or the maximum permitted by state law.

While ESM endeavors to adhere to estimated labor and material costs, the final invoice may include overages of up to 20% due to unforeseen conditions. Any additional work requested by Client will require written approval and will be billed at prevailing rates.

Client shall ensure that the job site is accessible, safe, and ready for installation on the agreed start date. If ESM is delayed more than 14 days due to site unavailability or construction delays, the equipment balance may become immediately due. Return trips or delays due to inaccessible work areas may result in additional charges.

ESM shall perform all work in a professional and workmanlike manner. Client affirms that all necessary permissions, permits, and third-party approvals have been obtained prior to commencement of work. Electrical, network, cabinet, and remodeling work not specifically listed in ESM’s proposal are Client’s responsibility unless otherwise stated.

If Client requests reuse of existing wiring or equipment, ESM must first inspect and approve its suitability. Only components installed or inspected by ESM will be covered under warranty.

Client acknowledges and accepts responsibility for all decisions related to the location, mounting, and configuration of equipment. If property damage arises from work performed at the direction of Client or their representatives, ESM shall not be held liable. Client agrees to indemnify and hold harmless ESM and its agents from any claims, damages, or liabilities arising from installation, site conditions, or equipment misuse.

Delays caused by manufacturer backorders, weather, acts of God, utility providers, labor disputes, or any other force majeure shall not constitute grounds for withholding payment. ESM’s obligations are suspended during such events.

• Labor Warranty: ESM warrants labor for 90 days from date of installation. Labor beyond that may incur service charges unless covered by a separate maintenance agreement.
• Wire Warranty: Lifetime warranty on wire installed by ESM.
• Equipment Warranty: Equipment is covered per manufacturer warranties. Service calls for diagnosis and reinstall are complimentary during the first 90 days.
• Programming Adjustments: ESM will provide adjustments, fine-tuning, and basic training during the 30–120 day period following installation.

Any damage from third-party contractors, tampering, misuse, or environmental exposure voids warranty coverage.

One on-site training session is included with all system installations. Additional or advanced training sessions (e.g., console mixing or deep system programming) are available at prevailing rates. System customization may continue for up to 90 days post-commissioning, depending on project complexity.

ESM is not responsible for service interruptions or failures related to external providers (e.g., cable, satellite, internet, or fiber optics). ESM may bill for service calls arising from third-party issues, unless within six months of initial install.

Client agrees to allow ESM the opportunity to inspect and remedy any alleged defects before hiring third parties. ESM’s liability shall not exceed the value of the services rendered and excludes incidental, special, or consequential damages.

All programming code developed by ESM remains the intellectual property of ESM. Functional upgrades may incur additional costs.

Returns or exchanges are subject to a minimum 25% restocking fee plus labor or freight costs. Some manufacturer-specific fees may exceed 25%.

All disputes shall first be subject to informal resolution. If unresolved, matters shall be referred to mediation in the State of Montana. This Agreement shall be governed by the laws of the State of Montana or South Dakota (depending on project location).

This Agreement constitutes the full understanding between Client and ESM and supersedes all prior communications. Modifications must be made in writing and signed by both parties.

Client may cancel this contract at any time before midnight of the third business day after signing. To cancel, send a signed, dated notice of cancellation by certified mail or email to:

Eastman Sound & Music Inc.
PO Box 20236
Billings, MT 59104
406-256-3246
info@eastmansoundandmusic.com

Refunds for canceled contracts will be processed within 30 days of receipt of notice.

Thank you for choosing Eastman Sound & Music Inc.