Round Rock, Leander, Georgetown, Sun City, Horseshoe Bay, Marble Falls, Bastrop, Elgin, Buda, San Marcos, Pflugerville, Dripping Springs, Taylor, Lakeway, Spicewood, Barton Creek,  Tarrytown,  Davenport Ranch, Circle C, West Lake Hills, Steiner Ranch, Barton Creek, Belterra

M & M Business Solutions

 Marshie Morgan, Web Designer           817.291.6000

Capital City Home Theater LLC

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A . P R O P O S A L - O F F E R  A N D  A C C E P T A N C E


1. Offer. If you accept our proposal, these terms and conditions will be part of our agreement. If you do not accept this proposal within 30 days from its date, it will expire. To accept, we must receive a signed copy (or a facsimile or electronic version) together with any deposit provided in the proposal. The services we are to perform are referred to as the work and you agree to purchase the products and equipment upon the terms in the proposal including these terms and conditions and pay for the work all at the prices in the proposal, referred to as the project cost. No products or equipment will be ordered until the deposit specified in the proposal for that product or equipment item has been received by us.


2. Agreement Documents and Details. Our Agreement consists only of the proposal and these terms and conditions if accepted by you. We may mutually agree to make changes, but only if we do so in writing. We are not required to do any work not specifically listed in in this Agreement. No part of any specifications, proposals, product literature, product advertising or other manufacturer materials whether or not attached to the proposal is part of our Agreement other than to assist in the identification of any products or equipment purchased.


B . N A T U R E  A N D  D E S C R I P T I O N  O F  W O R K  A N D  I T E M S  S O L D


1. Product Availability. Our ability to deliver to you the exact items listed in this Agreement is contingent on their availability. While we try to assure that specified equipment is available at the time it is specified, the market for specialized equipment is rapidly changing and we cannot guarantee availability. You therefore agree that we may substitute other products and equipment of comparable quality and that provide substantially the same functionality if any of the specified items obsolete, discontinued or unavailable at the anticipated cost, if we are not able obtain a substitute at approximately the same cost to you, our sole obligation is to recommend an item that accomplishes the functional equivalent, as nearly as practicable.


2. Completion of the Work. We shall proceed to complete the work, which involves the installation and configuration of the purchased items and equipment, with reasonable diligence.


3. Worksite -Pre-Activation. You are responsible for providing access to the site of the work and arranging all other services necessary to enable us to perform the work. You agree that the site of Installation will be free of dust, dirt, moisture and extreme temperatures and will have adequate access, ventilation, and electrical power. We are authorized to unbox, test and activate in advance of Installation all equipment that you are purchasing from us that is part of this Agreement.


C . P R O J E C T  C O S T  A N D  P A Y M E N T


1. Payment Schedule. You agree to timely make the periodic payments according to the payment schedule that is part of this Agreement.


2. Taxes and other Charges. We will collect sales tax when required by law. If amounts in the Agreement do not reflect applicable state and local sales tax, sales tax will be added to the project cost. Government charges, permits and fees may be assessed in addition to the project cost if not explicitly included in the proposal. For projects outside the state of Texas, freight; shipping charges; and travel costs may be assessed in addition to the project cost if not explicitly included in the proposal. Travel costs include but are not limited to airfare, automobile mileage, accommodations, and meals (per diem) in accordance with our written policies, available upon request.


3. Payment Dates. Payment of each invoice under this Agreement is due upon receipt. Payment may be made only by personal check, money order or bank transfers (ACH). If any payment is not made within fifteen days after it is due, you agree to pay interest on the unpaid balance at the rate of 1.5% per month from the due date until paid. If we must retain legal counsel regarding your unpaid balance, whether or not there is a legal proceeding, you agree that we are entitled to recover our costs of collection, including reasonable legal fees. You grant us a purchase money security interest in all goods and merchandise sold by us to you to secure the payment we are entitled to under this Agreement, and we are authorized to perfect the security interest and to amend, continue and terminate applicable filings. This provision is in addition to and not a substitute for any rights we may have for a statutory or "mechanics" lien under applicable law.


D . T I M E  F O R  P E R F O R M A N C E


1. Project Schedule. This Agreement may include a schedule for performance referred to as the project schedule. We will use commercially reasonable efforts to adhere to the project schedule or to otherwise diligently pursue completion of the work. The project schedule is subject to and is extended by delays not caused by us.


2. Completion of the Work. We may notify you when the work is complete. Within ten business days after that notice, any unpaid balance of the project cost is due unless within the ten days you provide us with a final list of items to be repaired or resolved. In that case, we will diligently address the open items. Upon completion of such items, any unpaid balance of the project cost is due.


E . O T H E R  P R O V I S I O N S


1. Customer Verification of Suitability of Equipment. You agree that prior to your execution of this Agreement, you have determined that each specified product and equipment item is acceptable to you. We do not warrant the accuracy of literature and information provided by manufacturers of the equipment.


2. Installation of Non-Capital City Home Theater Equipment. If specified in the Agreement, we will install products and equipment not purchased from us, but we do not guarantee and will not be responsible for its operation, functionality, features or interoperability with other products and equipment. We also do not provide assurances of the time required to complete installation of equipment not purchased from us.


3. Insurance. We will not purchase and maintain workers compensation insurance. We hold general liability insurance we deem necessary to protect from damage to your property resulting from the work. However if our work is part of a project involving others, should the project require us to participate in a "Wrap Up," OCIP, CCIP, CMCIP, or any similar type of centralized insurance and loss control program, all charges for our participation will be added to the project cost.


F. W A R R A N T Y  A N D  D I S C L A I M E R S


1. Service Warranty. We warrant that the services performed by us will be in accordance with standards prevailing in the industry. Our services are warranted for a period of 90 days. Your sole remedy for breach of this warranty is repair or correction of any defects by us.


2. Equipment Warranties. Products and equipment like TVs manufactured by others generally carry a limited warranty from the manufacturer. We do not otherwise augment or supplement the manufacturer's warranty, if any, or make a separate warranty concerning products and equipment manufactured by others, You authorize us to assist you in submitting a warranty claim against the manufacturer on behalf of Purchaser.


3. Warranty Disclaimers. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CUSTOM, AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. OUR LIABILITY UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE REPAIR OR REPLACEMENT OF THE WARRANTED PRODUCTS OR TO MAKING AN APPROPRIATE ADJUSTMENT TO THE PROJECT COST, AT OUR SOLE DISCRETION. AS A CONDITION OF THIS WARRANTY, YOU MUST NOTIFY US PROMPTLY AFTER YOU BECOME AWARE OF ANY DEFECTIVE OR MALFUNCTIONING EQUIPMENT.


WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL AND INCONVENIENCE HOWEVER CAUSED. OUR MAXIMUM LIABILITY IN ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR SERVICES (AND EXCLUDING AMOUNTS PAID FOR PRODUCTS). YOU AGREE THAT THERE IS NO WARRANTY UNLESS AND UNTIL THE PROJECT COST HAS BEEN PAID BY YOU IN FULL.


G . M I S C


1. Force Majeure. We will not be in default hereunder nor liable for any failure to perform or delay in performance if such failure or delay arises out of causes beyond our control including but not limited to, unusual delay or inability to obtain goods and materials from normal supply sources, delays caused by others performing work for you on which the our work depends, transportation delays, flood, weather and natural disasters, atypical delays caused by governmental agencies, embargoes, import delays, labor disputes, epidemics, acts of terrorism or sabotage, strikes, radiation, inability to secure or delay in securing transportation, failure of communications or electrical lines, shortages of fuel or energy, communication failures, electrical failures or spikes, terrorist attacks or acts of war, cyber attacks, computer viruses, and worms or corrupting micrcode.


2. Assignment and Subcontracting. We may subcontract out any part of the work to others. You may not assign this Agreement without our written consent. We may assign this Agreement in connection with a sale or transfer of substantially all of our assets and business.


3. Equipment Deliveries. You authorize delivery of products and equipment to your premises without a signature acknowledging your receipt. Items shall be deemed received by you if shipping documents or our records reflect delivery to your premises, and our records shall be conclusive in that regard absent manifest error. Upon delivery of products and equipment to your premises, you are solely responsible for any loss or damage to the products and equipment unless such loss or damage is caused by us.


4. Severability. If any provision of the Agreement is found to be void or invalid for any reason by an arbitrator or a court of competent jurisdiction, the void or invalid provision shall be deemed omitted and the remaining terms shall continue in full force and effect.


5. Agency. You authorize us to rely on statements, authorizations and representations of your agents in connection with the performance by us of the work.


6. Non-Waiver of Rights. A failure by us to assert any rights set forth in this Agreement, or to act upon any breach of this Agreement by you, shall not be deemed a waiver of such right. Nor shall any waiver be implied from acceptance of payment by us from you.


7. Choice of Law and Venue. This Agreement shall be interpreted in accordance with the laws of Texas. Any controversy or claim arising out of or relating to the Agreement shall be settled in state or federal courts in Texas.


8. Arbitration. Any action to enforce or interpret this Agreement, or to resolve disputes between the parties regarding this Agreement, shall be by arbitration in accordance with the rules of the American Arbitration Association. Arbitration is initiated by sending a written request for arbitration to the other party. Such request shall set forth the nature of the matter to be resolved by arbitration. The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.


9. Entire Agreement. This Agreement represents the entire agreement between you and us. Any oral or written representations not specifically included in this Agreement are without effect and unenforceable. This Agreement contains our complete agreement with reference to the project. This Agreement may only be amended from time to time in writing, signed both parties.


10. Notices. All notices shall be sent to the addresses contained in the Agreement. Notices shall be deemed given upon receipt or refusal if sent by registered or certified mail, return receipt requested or by a national courier service.


11. Counterparts. This Agreement may be executed in any number of counterparts and a counterpart signature page may be delivered by any electronic. Possession of a counterpart signature page shall be legal equivalent of the original.


12. Privacy.  We will not share, sell or rent out your information.  When giving us access to gate codes, internet/WiFi/other passwords needed to run and reset your system, you do so with the expressed permission and understanding we may have access to private and confidential information such as browsing history and more.

Terms & Conditions