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1.INVOICES AND PAYMENTS: An invoice for services will equal the sum total of: time with
one hour minimum, service charge, applicable material charges, and taxes. Payment is due
upon receipt of bill. Title of equipment passes to buyer upon receipt of full payment for
all invoices.
If any invoice is over 30 days past due AMERICAN TELECOMMUNICATIONS SERVICES reserves the
right to remove any or all material shown on invoice(s) to satisfy any outstanding invoices
or payments. For purposes of computing costs for crediting to outstanding invoices,
equipment will be considered used.
AMERICAN TELECOMMUNICATIONS SERVICES will notify buyer or end user, in writing via certified
mail, 7 days prior removal of equipment.
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2.MATERIALS: When performing services under this agreement, AMERICAN TELECOMMUNICATIONS
SERVICES may use at its discretion new or remanufactured materials, including parts or
products. In those cases where new or remanufactured products or parts are longer available,
AMERICAN TELECOMMUNICATIONS SERVICES may use, at its discretion, used parts or products.
For equipment owned by the Customer, all materials used in replacement shall become property
of the Customer.
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3.WARRANTY: AMERICAN TELECOMMUNICATIONS SERVICES warrants to the Customer that parts or
products (in the case of an exchange) used or supplied under this agreement will work
properly for a period of 90 days from the date of completion of services under the agreement.
If Customer notifies AMERICAN TELECOMMUNCATIONS SERVICES within the warranty period that a
part or product used or supplied under this agreement fails to work properly. AMERICAN
TELECOMMUNICATIONS SERVICES shall repair or replace (at the option of AMERICAN
TELECOMMUNICATIONS SERVICES) such part or product at no expense to the Customer.
Subsequent repair or replacement of the part/parts or product/products does not extend
the warranty. The foregoing warranties are exclusive and are in lieu of all other express
and implied warranties, including but not limited to warranties of merchantability and
fitness for a particular purpose. Customer's sole and exclusive remedy shall be AMERICAN
TELECOMMUNICATIONS SERVICES obligation to repair or replace as set forth above.
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4.LIMITATION OF LIABILITY: Neither AMERICAN TELECOMMUNICATIONS SERVICES nor its
subcontractors shall be liable for any indirect, incidental or consequential damages
(including lost profits) sustained or incurred in connection with services performed or
materials, supplied under this agreement, regardless of the form of action, whether in
contract, tort, including negligence, strict liability or otherwise, and whether or not
such damages were foreseen or unforeseen, and except for personal injury caused by the
negligence of AMERICAN TELECOMMMUNICATION SERVICES or its subcontractors shall be liable
for direct damages in excess of $50,000.00 No action or proceeding against AMERICAN
TELECOMMUNICATIONS SERVICES or it subcontractors may be commenced more than one (1) year
after services are completed.
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5.PROOF OF WARRANTY: The work order is the Customer's proof of warranty and should be
presented to the technician prior to performance of any warranty service.
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6.Any suits filed against AMERICAN TELECOMMUNICATIONS SERVICES are to be filed in the
State of Florida, County of Orange.
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