PROFORMA SOW TERMS AND CONDITIONS
(IAB) Indoor LED Installation Purchased on Samsung.com
1.0 Services
Project Name: Direct View (IAB) Indoor LED (“dvLED”) Installation purchased on Samsung.com
Services
Samsung shall provide Onsite Installation and Commissioning Services of Samsung’s dvLED product(s) to Customer, according to final executed Statement of Work (“SOW”).
Formal Deliverables
Samsung shall provide the following high-level deliverables as part of the Services to be provided under the SOW:
• Review of Customer-provided site drawings in advance of install to help ensure site conditions will meet Samsung requirements
• Review site condition and advise on installation capability
• Onsite installation of Samsung dvLED hardware
• Commissioning (limited scope required)
Location of Services
Samsung shall perform the Services at or from, as applicable, the location(s) as listed in final SOW. National US Coverage only: please see Section 3
Out of Scope Services
Out of Scope services will include anything that is not agreed upon by an Order or the final SOW executed between the Parties. These services may consist of additional services that are required in order to correct problems prior to installation, corrective actions that are taken in order to fix problems that arise from actions of non-Samsung personnel, insufficient wall support that is not uncovered as part of the IAB Indoor LED Project Checklist, any construction and electrical work that was not done prior to the installation appointment. If a service is deemed to be Out of Scope, the Customer will be notified in writing.
Project Term
Samsung shall perform the Onsite Installation and Commissioning Services during the period beginning on the execution of the SOW by authorized representatives of each of the Parties until the date by which all Services hereunder have been provided by Samsung.
Services Schedule
Once a completed ‘IAB Indoor LED Project Checklist’ has been received, the installation service date will be scheduled and the hardware delivery will be confirmed. Onsite Installation and Commissioning Services will be provided at the End User premises by Samsung or Samsung’s authorized installation partners during a mutually agreed period. All Services scheduled are dependent upon executable SOW signature, ‘IAB Indoor LED Project Checklist’ completion, and site readiness verification per Samsung standards and are contingent upon technical/installation resource availability. Once travel arrangements have been finalized and confirmed, any changes to the schedule may result in additional charges. Please see section 3.
Points of Contact (To be defined in final SOW)
• The Samsung Project Team
• The Customer Project Manager
2.0 Responsibilities of the parties
Installation
Onsite Installation and Commissioning Services will be provided at the End User premises by Samsung or Samsung’s authorized installation partners during a mutually agreed period.
Customer Responsibilities:
• Will provide completed ‘IAB Indoor LED Project Checklist’ prior to designated installation date as requested by Samsung
• Will ensure room location of installation is ready and accessible for equipment delivery
• Will provide ladder(s), scaffolding and/or lift devices required to safely complete the work
• Will ensure premises is adequately prepared for installation, including:
-Finished and clean room and dust-free installation environment
-Recessed power AV Boxes in correct locations
-Pulled and terminated CAT6 cable(s) designed for Network (not required for IAB to function, unless End-User Requires Hard-Wire Network for Control)
-Mounting Surface Backer (not behind sheetrock): ¾” hardwood plywood, birch or maple common materials, 7 layers or more, hardwood internal core (no gap), grade B or better surface, and plywood backer seams must not be behind mounting cleats.
• IAB 110" – Required Backer: 91-3/8" Wide x 53-3/4" Tall
• IAB 146" - Required Backer: 123-1/4" Wide x 71-1/2" Tall
• Note: There shall not be any large holes cut-out into the plywood backing unless otherwise discussed with Samsung Pre-Sales Engineers.
-Proper ventilation and HVAC capacity for proper room temperature as necessary
• Samsung feedback to improve installation environment will be provided based on the information outlined within the ‘IAB Indoor LED Project Checklist’
-If required, Customer has the responsibility to prepare the site accordingly in regards to Samsung feedback to the ‘IAB Indoor LED Project Checklist’
• Will be responsible at all times for security of storage for equipment and materials
• Will coordinate Samsung technician security access to installation site
• Will provide any and all unionized labor force
• Will be responsible for trash removal from installation site
• Will provide a cancellation request in accordance to the acceptable cancellation notification period outlined below; additional charges may be incurred
• For any hardware support, will work through Samsung standard communication process
• Is responsible for providing reflective ceiling plan and elevation indicating LED Video Wall equipment installation location
• Will be responsible for providing the hardware for attaching the mounting system to the support structure when not attached to conventional plywood backing
• Will sign executable SOW issued by Samsung prior to Samsung site work as requested by Samsung. Scheduled, Samsung work will be delayed without signed, executed SOW
• Will provide sign-off after services rendered to confirm that Customer satisfaction that services were successfully provided to Customer
• If necessary, will contact Samsung to process Out of Box Failure (OOBF) request at https://samsungb2bportal.com/
• If necessary, will package faulty hardware into Samsung provided packaging and ship as instructed
Samsung Install Responsibilities:
• Will provide executable SOW for Customer signature
• Will provide Samsung trained lead field installer(s) to perform the installation services
• Will provide Installation of Samsung wall mount
• Will provide Installation of Samsung LED module assemblies
• Will provide all required interconnect wiring (power/data)
• Will provide Samsung side deco kit installation
• Will provide module alignment as needed*
• Will provide installation of edge clips (Cover PCB)
• Will review RMA process with Customer
• In the event of damage or failure of product and no spares are available at installation site, Customer will follow standard warranty procedures and receive an RMA for replacement product. Technicians will not extend the engagement to wait for arrival of replacement parts. If replacements do not arrive during the current service call, Customer will need to schedule a new service call once the parts arrive
• Samsung is not responsible for structural support, modifying structures, drilling holes in walls (only backing), floors, and ceilings, or installing conduit
• Samsung is not responsible for installation and configuration of products not covered in SOW.
• Services are warranted only to the extent stated in the governing agreement. Standard product warranty terms and conditions govern any product defects discovered during Services
* Display panels may require periodic re-alignment. Samsung is not responsible for changes to adjustments and setting that result from external factors, including but not limited to building movements, settling and vibrations. Panels may require periodic adjustment and re-alignment.
Samsung Commissioning Responsibilities (limited scope due to traditional Commissioning tasks performed in production, prior to shipment)
• Firmware updates to current versions as needed
• Initiate 24-hour Dehumidification procedure as needed
• Present Samsung Warranty and Technical Support Procedures
Customer expressly acknowledges that Customer is responsible for determination of its requirements, and Customer shall retain overall responsibility for any business process impact and any process change implementations. Further, Customer acknowledges that completion of Services is dependent upon Customer meeting its responsibilities as identified in the SOW.
3.0 Additional terms and conditions
• Quoted price includes labor, airfare and other travel expenses
• Standard installation price on Samsung.com assumes Customer is within contiguous United States, can accommodate installation during business hours (between 8am and 5pm Monday through Friday), and wants the product installation less than 5’ off of the ground. Customer has additional options to choose for the following:
- Additional cost for installation during weekend or evening hours
- Additional cost for product installation greater than 5’ above ground
- Additional cost for install locations in Alaska or Hawaii
• Pricing option chosen by Customer on Samsung.com assumes good faith selection based on Customer’s needs
• Pricing is subject to change based on information outlined within the IAB Indoor LED Project Checklist
• Prices assume a 30-day advance scheduling notice - dependent upon executable SOW signature, project checklist completion, and site readiness verification per Samsung standards
• The schedule for services start and/or completion can be changed based on the site’s distance/condition, product’s delivery schedule and so on
• Samsung reserves the right to invoice additional charges for Services delivered outside the scope set forth in the statement of work or if site conditions do not meet the requirements stated herein
• Samsung is not responsible for installation or configuration of non-Samsung product
• Services are warranted only to the extent stated in the governing agreement. Standard product warranty terms and conditions govern any product defects discovered during Services
• Cancellation Fees:
-If Services are postponed by Customer, after the SOW is signed and executed, Customer may be issued a change order fee.
-If Services are cancelled within 14 days of the scheduled installation date, Customer may be charged a cancellation fee equaling 50% of the cost of Services plus reimbursement of costs already incurred
-If Services are cancelled within 7 days of the scheduled installation date, Customer may be charged a cancellation fee equaling 100% of the cost of Services plus reimbursement of costs already incurred
4.0 Warranty
Samsung warrants the Services for a period of ninety (90) days after acceptance of the completed installation, and further represents, warrants and covenants that the Services shall be (i) provided with promptness, due care, skill and diligence and in a professional and workmanlike manner with the level of quality and performance consistent with the practices of top-tier providers of such Services; (ii) technically accurate and complete; (iii) provided in a manner that does not infringe or misappropriate any patent, copyright, trademark, trade secret or other intellectual property rights of any third party; and (iv) performed in strict accordance with the requirements of this SOW.
5.0 Notices
• Samsung will provide proof of insurance upon request
• Samsung ProServices are provided via non-union labor subcontractors