Hurst First Wi-Fi and AV Solutions

Terms and Conditions of Sale Agreement

Effective Date: Sunday, 11 May 2025

1. DEFINITIONS AND INTERPRETATION

For the purposes of these Terms and Conditions:

• “Hurst First Wi-Fi and AV Solutions” (also referred to as “Hurst First”, “we”, “our”, or “us”) means Club Media FZE, registered at Level 14, Boulevard Plaza Tower 1, Sheikh Mohammed Bin Rashid Boulevard, Downtown Dubai, PO Box 27363, Dubai, United Arab Emirates. Company registration/license number: 4060/2013 FCZ (Fujairah, UAE). FTA Registration number: 100211413800003.
• “Customer” or “Client” means the person or entity purchasing goods or services from us, including any representative acting on their behalf.
• “Contract Price:” The total amount specified in the quotation, agreement, or schedule, plus any additional costs payable to us.
• “Contract” means this signed agreement and all its terms, which are binding on the parties.
• “Goods” means any goods supplied by us to the Customer (or ordered by the Customer but not yet supplied), including but not limited to electrical or communication products.
• “Installation” means the process of setting up and configuring the Goods at the Customer’s premises or nominated site.
• “Project” refers to the entirety of works and services provided under a specific contract or quotation.
• “Latent Conditions” means any unforeseen site condition not obvious to us upon reasonable inspection at the time of quotation or work authorization (e.g., hidden cabling obstructions, unsupported ceilings).
• “Travel Time” means the distance from our premises to the customer and return.
• “Works” means the works described in this agreement, our quotation, or work authorization.
• “Normal Business Hours” means Mon-Fri 9:00am to 6:00pm (except public holidays).
• “Normal Installation Hours” means Mon-Fri 9:00am to 6:00pm (except public holidays).
• “Force Majeure” means any event beyond the reasonable control of either party, including but not limited to acts of God, war, pandemic, government restrictions, or natural disasters, which prevents or delays the performance of obligations under this agreement.

2. RATES

2.1. Rates are as per our charges at the time the services are engaged, unless otherwise agreed in writing.2.2. Rates do not include any allowance for latent conditions. We reserve the right to vary our price for the works for any such latent conditions.2.3. We are entitled to be reimbursed for any and all costs and charges levied by any statutory or other authority with respect to the works we perform for the customer.

3. PAYMENT TERMS

3.1. Accepted payment methods: Electronic Funds Transfer (EFT), debit card, credit card, cash, cheque, or direct deposit. Our preferred method is EFT.3.2. All payments must be made in United Arab Emirates Dirhams unless otherwise stated.3.3. Cheque payments are subject to bank clearance; the customer will pay all dishonour fees.3.4. Any claims arising from an invoice must be made within seven (7) working days.3.5. In the event of payment default, all collection costs, including legal fees and court costs, shall be paid by the applicant.3.6. The Customer is not entitled to retain any amount due to us; all payments are to be made in full without deduction or set-off.3.7. Payment is due within seven (7) calendar days of the invoice date unless agreed otherwise in writing.3.8. Interest on late payments accrues at 6% per annum, calculated monthly, beginning after a 7-day grace period.3.9. We reserve the right to suspend the works if payment is overdue until such time as payment is made.

4. NON-REFUNDABLE DEPOSITS

4.1. All deposits paid to Hurst First Wi-Fi and AV Solutions are non-refundable.4.2. Deposits are used to secure scheduling, cover administrative and preparatory work, and/or to procure hardware and materials.

5. SCHEDULING AND INSTALLATION TIMING

5.1. Installation dates and times are subject to availability and are scheduled on a first-come, first-served basis.5.2. Installation timing may change due to unforeseen circumstances, including but not limited to:

• Weather conditions
• Unexpected staff illness or emergency
• Traffic or logistical challenges
• Other operational delays5.3. We will make every reasonable effort to notify clients of any changes to scheduled timings in advance.

6. STOCK AVAILABILITY

6.1. Delays in installation or project completion may occur due to stock availability.6.2. We will keep clients informed about stock availability.6.3. Unless otherwise advised at the time of quotation, all items are normally held in stock. Any deviations will be communicated promptly.6.4. If the client declines to wait for backordered products and substitutes are required, a revised quote will be issued and must be approved by the client.

7. DELIVERY, TITLE, AND PERSONAL PROPERTY

7.1. Risk passes to the customer upon delivery, not installation. The Customer assumes responsibility (including insurance) for Goods at the time of delivery, whether or not the Customer (or their representative) is present.7.2. Ownership of Goods passes to the Customer only when all monies owed to us are paid in full.7.3. Until full payment is received, we reserve the following rights:

• Legal and equitable ownership of the Goods
• The right to enter the delivery site and retake possession of the Goods
• The right to keep or resell any repossessed Goods7.4. The Customer acknowledges that we have a Purchase Money Security Interest (PMSI) over the Goods and their proceeds until paid in full.7.5. Nothing in this clause prevents us from taking collection or legal action to recover any monies owed.

8. VARIATIONS AND CHANGES TO COST OF MATERIALS

8.1. The Customer may direct us to undertake a variation in writing. If we are delayed, the Customer will grant an extension of time and reimburse reasonable delay costs; the Contract Price will be adjusted accordingly.8.2. Variations to the scope of any Sales Order or Quotation will be charged as a Variation Invoice at our standard rates.

9. EXTENSION OF TIME

9.1. We are entitled to an extension of time and reasonable cost recovery for delay if delayed by others, including stock unavailability or late deposits.

10. LATENT CONDITIONS

10.1. We are entitled to an extension of time and reimbursement for costs arising from latent conditions, such as hidden cabling obstructions or unsupported ceilings.

11. PURCHASE ORDERS

11.1. Only these terms form part of the agreement between us and the Customer. Acceptance of a purchase order does not constitute acceptance of any additional terms.

12. INVOICING

12.1. A tax invoice will be issued monthly unless the work is completed in less than a month.12.2. Final invoices will be issued upon practical completion of your project, where your system as a whole is proven by Hurst First to be operational and fit for purpose. Further commissioning, training, or defect rectification may occur after this date.

13. RETURNS AND CANCELLATIONS

13.1. Cancellations for custom-made or special-order Goods will not be accepted once ordering or manufacturing has commenced.13.2. Custom-made products, including cables, are not returnable for credit unless proved to be faulty.13.3. Goods may be returned for credit or refund if:

• Returned with the original invoice within thirty (30) days of invoice date
• New and unused
• In original, undamaged packaging13.4. A 50% restocking fee applies to returned Goods, reflecting custom logistics, administrative, and restocking costs, except when faulty or incorrectly supplied.13.5. Credit for returned Goods will be in the form of company credit or refund at our discretion.13.6. Goods deemed faulty within thirty (30) days may be returned for exchange, credit, or refund.13.7. Except when incorrectly supplied or faulty, the Customer is responsible for return freight charges.13.8. Deposits are non-refundable and cover system design, planning, engineering, and quote preparation time.13.9. Labour charges are non-refundable.

14. PRODUCT AND SERVICE GUARANTEE, REPAIRS, AND WARRANTY

14.1. Hurst First’s comprehensive twelve (12) month Workmanship Warranty covers installation labour, new cabling, terminations, wall plates, and custom fabricated items.14.2. Our goods come with guarantees that cannot be excluded under United Arab Emirates Consumer Law. You are entitled to a replacement or refund for a major failure, and to have goods repaired or replaced if they fail to be of acceptable quality.14.3. Our liability for breach of implied terms is, subject to UAE law, limited to the replacement, repair, or payment for replacement/repair of the goods.14.4. At our option:

• Goods repaired may be replaced by refurbished goods of the same type
• Refurbished parts may be used to repair goods14.5. No on-site warranty is provided unless specified. Manufacturer warranties are “Back to Base.” On-site support is only covered by a separate Service Level Agreement or Maintenance Agreement.14.6. We are not liable for damage or defects caused by:
• External causes (natural disaster, fire, water, lightning, power surge, accident, neglect, misuse, vandalism)
• Use of goods outside their intended purpose
• Connection to unapproved items
• Maintenance or repair by unauthorized persons
• Any configuration or reconfiguration by the Customer14.7. Goods manufactured by us carry a twelve (12) month warranty against faults or defects, excluding the causes above.14.8. Business service is provided during normal business hours. After-hours callout rate is AED 650+VAT (includes first hour of labour, within Dubai city area).14.9. No liability is assumed for consequential damages from use of Goods by the Customer.14.10. The Customer is responsible for return freight charges for warranty returns.14.11. We do not provide warranty or guarantee for services or hardware offered by outside companies. This includes, but is not limited to, VPN services, IPTV streaming services or hardware, ISP-related services and hardware, streaming music services, smart-home services (including Alexa, Tuya, Sonoff, Zigbee, or similar), and any other services outside of our direct control. Remediation of such issues will be chargeable at standard labour rates.

15. CONTRACTOR LIABILITY

15.1. We are not liable for damage to materials or works caused by the Customer or third parties.15.2. Subject to UAE Consumer Law, we do not accept returns or give credit for Goods supplied in accordance with the Contract.15.3. We are not liable for delays caused by others.15.4. Subject to UAE Consumer Law, we are not liable for consequential or indirect losses.

16. INSURANCE

16.1. Professional Indemnity and all risks/control works insurances are expressly excluded unless otherwise noted in the Schedule.

17. SITE AND SAFETY

17.1. The Customer is responsible for the site.17.2. The Customer must ensure all applicable workplace safety legislation and standards are adhered to.17.3. We will comply with all legislation and standards in maintaining safe work practices.

18. QUOTATION

18.1. All Quotes are valid for thirty (30) days and are reviewable at the date of the Customer’s order. Quotes are not a contractual offer; we may vary or withdraw a Quotation at our discretion. Pricing and availability are subject to change without notice due to factors beyond our control.18.2. Quotes may be revised if the project scope materially changes due to client decisions or site conditions.18.3. Installation labour assumes easy access during installation hours, with minimal interruption. Delays or interruptions may incur variation charges.18.4. Labour rates are based on normal installation hours unless otherwise stated.18.5. We assess and scope the suitability of your facilities at the time of quoting. We are not responsible for the structural integrity of your building. Structural works required will incur a variation charge.18.6. Obstructions to cable paths or hardware installation discovered after commencement will be discussed with you and charged as a labour variation.18.7. All quotations include an engineering and design element, which contains intellectual property. Intellectual property in designs remains our ownership until paid in full.18.8. Each project quotation should be viewed in its entirety. We cannot guarantee the outcome if individual components are not supplied by us or if only part of the solution is selected.18.9. Acceptance of our Quote via written acknowledgement signifies acceptance of these Terms & Conditions and confirmation of the Scope of Works.18.10. Should any Quotation be accepted and subsequently cancelled, a penalty may apply commensurate with expenses already incurred.18.11. Errors and Omissions Excepted.

19. INCLUSIONS AND EXCLUSIONS

19.1. Wall input plates are assumed to be within 7.5 metres cable length to the projector unless otherwise stated. Longer runs will be quoted separately.19.2. Network cabling will be terminated and tested prior to completion. Certification charges apply if written certification is required.19.3. All cable runs are estimated to be direct, not bound by structured cabling routes, to minimize AV signal cable length.19.4. Unless stated otherwise, no allowance is made for electrical, network data, MATV points, in-wall/floor conduits, coring, or cable trays.19.5. We assume the infrastructure/building has the structural integrity to support AV equipment. Additional structural support is the responsibility of others unless stated otherwise.19.6. No allowance has been made for painting or refinishing surfaces unless specified.19.7. No allowance is made for cutting cable entry holes in desks/tables; this is the responsibility of a joinery trade.19.8. All equipment noted as ‘existing’ or ‘Customer Supplied’ is assumed functional. Costs for remediating, repairing, or replacing non-functional equipment will be charged as variations.19.9. This quote is subject to any Customer or site induction and compliance requirements not exceeding one (1) hour off-site and on-site induction not exceeding fifteen (15) minutes. Additional requirements will be charged at standard rates.19.10. Exclusions listed are not exhaustive and are subject to reasonable interpretation based on standard AV/Networking practices.

20. TENDERS AND DESIGN & CONSTRUCT PROJECTS

20.1. If engaged as a paid design consultant, we warrant our design as a full working AV system. Design consultation, including scope changes, is chargeable.20.2. If an external consultant is engaged, it is their responsibility to review our quotation and technical documents to ensure the solution is fit for purpose.20.3. If no consultant is engaged and we provide a design as part of a Tender, we are not responsible for a complete functioning solution until sufficient consultation with the Customer.20.4. Unless otherwise specified, design services are separately billed if the job is not awarded to us.

21. RECOMMENDATIONS

21.1. We recommend all AV components are powered on a common earth and RCD-protected circuit. Failure to do so can result in electrical issues affecting performance.

22. CONFIDENTIALITY

22.1. Both parties shall keep all information shared under the Contract strictly confidential, except as required by law or for legal/advisory purposes.

23. ENTIRE AGREEMENT

23.1. This Agreement constitutes the entire understanding between the parties and supersedes any prior discussions or correspondence.

24. DISPUTE RESOLUTION

24.1. In the event of a dispute, both parties agree to engage in good faith negotiations prior to pursuing legal remedies.

25. GOVERNING LAW

25.1. The laws of the United Arab Emirates govern these terms and conditions. Any legal action relating to them shall be brought in the United Arab Emirates Courts.

By proceeding with payment of a deposit or acceptance of a quotation, the Customer confirms acceptance of these Terms and Conditions in full.

For any questions or clarification, please contact us:Phone: 0585858196Email: [email protected]

End of Terms and Conditions