Installation Terms & Conditions

1. Definitions

Customer means the individual or entity purchasing products or installation services.

Installation means any labor, wiring, programming, calibration, testing, adjustments, or related work performed by Deluxe Smart Film Corp.

Products include Smart Glass, PDLC Smart Film, Decorative Film, Solar Control Film, Safety & Security Film, controllers, transformers, power supplies, wiring, and related accessories.

Substantial Completion means the point at which the installation is complete and the Products are operational, notwithstanding minor cosmetic items or punch-list items that do not materially affect functionality.

2. Scope of Installation Services

The Company shall perform only the installation services specifically identified in the approved quotation, proposal, invoice, purchase order, or written agreement. Any work not specifically listed shall constitute additional work and may require a Change Order and additional compensation.

3. Service Area

Installation services are generally available within the Company's designated service area. Projects outside the normal service area may be accepted at the Company's sole discretion and may require: Travel fees, Lodging expenses, Mileage charges, Equipment transportation charges, Per diem expenses, and Additional labor charges.

4. Scheduling

Installation dates are estimates unless expressly guaranteed in writing. Scheduling depends upon: Material availability, Production completion, Weather, Customer readiness, Building access, Permit approvals, and Labor availability. The Company reserves the right to adjust installation schedules when reasonably necessary.

5. Customer Responsibilities Before Installation

Before installation begins, the Customer shall: Ensure full payment of any required deposits, Approve all measurements and specifications, Provide unrestricted access to the work area, Remove furniture, decorations, artwork, electronics, blinds, curtains, window treatments, and fragile items within a reasonable distance of the work area unless otherwise agreed in writing, Ensure utilities, including electricity, are operational, Provide adequate lighting, Secure pets, Ensure children remain away from the work area, Obtain any required homeowner association, condominium, landlord, or property management approvals, and Obtain permits if the Customer is responsible under the agreement. Failure to satisfy these requirements may delay the project and result in additional charges.

6. Site Conditions

The installation site must be safe and reasonably suitable for work. The Company may postpone, suspend, or terminate installation if site conditions are unsafe, including but not limited to: Water intrusion, Mold, Hazardous materials, Asbestos, Lead paint, Structural instability, Electrical hazards, Active construction hazards, Unsafe weather exposure, Excessive debris, Aggressive animals, and Any condition presenting an unreasonable safety risk. Additional charges may apply if return visits are required.

7. Existing Glass & Surface Conditions

The Company is not responsible for pre-existing: Scratches, Chips, Cracks, Seal failures, Glass defects, Window defects, Surface contamination, Existing tint, Existing films, Frame defects, Water damage, and Structural deficiencies. Customers are encouraged to inspect and document existing conditions before installation.

8. Electrical Requirements

For Smart Glass and Smart Film installations: Electrical power must comply with applicable electrical codes, Electrical circuits must be suitable for the installed products, Proper voltage must be available, Electrical work not included in the proposal shall be billed separately, and Existing electrical deficiencies must be corrected before installation. The Company is not responsible for failures caused by inadequate or non-compliant electrical systems.

9. Product Compatibility

Installation is subject to the Company's determination that the existing glass, substrate, framing system, electrical system, environmental conditions, and installation surface are compatible with the selected products. The Company reserves the right to decline installation if compatibility concerns arise that could compromise safety, performance, or warranty coverage.

10. Measurement Verification

Final product dimensions are based upon measurements approved by the Company. If the Customer supplies measurements, the Customer assumes responsibility for their accuracy unless the Company has expressly agreed in writing to verify them. Incorrect customer-provided measurements may require the purchase of replacement materials at the Customer's expense.

11. Delays & Customer Readiness

If installation cannot proceed because the Customer or job site is not ready, including unfinished construction, unavailable utilities, inaccessible work areas, or delayed access, the Company may: Reschedule the installation, Charge reasonable return-trip or mobilization fees, Assess storage charges for completed products, and Revise project pricing if delays materially increase labor or material costs. The Company is not liable for delays caused by the Customer, contractors, suppliers, or third parties.

12. Installation Day Requirements

On the scheduled installation date: An authorized adult representative must be available unless otherwise agreed, The work area must remain reasonably accessible, Utilities must remain operational, The Customer shall promptly answer reasonable questions necessary to complete the work, and No unauthorized individuals may interfere with the installation process.

13. Access to Property

The Customer grants the Company, its employees, subcontractors, and authorized representatives reasonable access to the property for: Installation, Inspection, Testing, Calibration, Warranty service, Repairs, and Completion of punch-list items. If elevators, loading docks, cranes, lifts, or specialized equipment are required, the Customer shall disclose this information before installation. Any associated costs not included in the proposal remain the Customer's responsibility unless otherwise agreed in writing.

14. Protection of Property

The Company will use reasonable care while performing installation services. However, the Customer acknowledges that installation activities may involve: Drilling, Cutting, Electrical work, Removal of existing materials, Temporary movement of furniture, and Use of ladders and power tools. The Company is not responsible for damage resulting from concealed conditions, pre-existing defects, or structural issues that could not reasonably be identified before installation.

15. Existing Conditions

The Company is not responsible for correcting or repairing unrelated existing conditions discovered during installation, including hidden structural defects, deteriorated framing, water intrusion, code violations, or defective electrical systems. If such conditions prevent safe installation, work may be suspended until corrected.

16. Construction Projects

For new construction or renovation projects: Other trades must substantially complete their work before installation, The installation area must be clean, dry, and free of construction debris, The Customer or general contractor is responsible for coordinating site readiness, and Delays caused by other contractors are not the responsibility of Deluxe Smart Film Corp.

17. Commercial Projects

Commercial customers shall provide: Safe job-site access, Loading and unloading areas, Necessary security clearances, Building access credentials, Required certificates of insurance (COIs), if requested in advance, and Site-specific safety requirements before installation.

18. Weather Conditions

Outdoor installations may be postponed due to weather conditions that could affect safety, product performance, or installation quality, including heavy rain, high winds, lightning, extreme temperatures, or hurricanes.

19. Additional Work

If the Customer requests work beyond the original scope, including electrical modifications, additional products, removal of existing materials, or repairs to unrelated conditions, such work shall require written approval and may result in additional charges.

20. Change Orders

Any modification to the scope of work must be approved in writing. Change Orders may affect: Pricing, Production schedules, Installation dates, Completion timelines, and Warranty coverage. Verbal requests are not binding unless confirmed in writing by the Company.

21. Punch List & Final Inspection

Upon substantial completion, the Customer shall have the opportunity to inspect the installation. Minor items that do not materially affect functionality may be documented on a punch list and corrected within a reasonable time. The existence of punch-list items does not constitute incomplete installation.

22. Acceptance of Installation

Installation shall be deemed accepted upon the earliest of: Customer's written acceptance, Final payment, Occupancy or beneficial use of the installed Products, or Failure to report material installation defects within five (5) business days after substantial completion. Acceptance does not waive rights under the applicable Warranty Policy.

23. Customer Maintenance Responsibilities

Following installation, the Customer shall: Follow all Product Care & Maintenance instructions, Operate Products only as intended, Avoid unauthorized modifications or repairs, Protect Products from misuse, abuse, and environmental damage, and Promptly report suspected defects. Failure to properly maintain the Products may void applicable warranty coverage.

24. Warranty

Warranty coverage is governed exclusively by the Company's Warranty Policy. No oral statements or representations modify the written Warranty Policy unless expressly approved in writing by an authorized officer of Deluxe Smart Film® Corp.

25–41. General Legal Provisions

• Safety Requirements: The Company may stop work if unsafe conditions exist.
• Photographs & Documentation: The Company may photograph the worksite before, during, and after installation for documentation, quality control, warranty administration, insurance, training, or dispute resolution. Personally identifiable information will be handled in accordance with the Privacy Policy.
• Insurance & Licensing: The Company maintains applicable insurance and licensing as required by law. Proof may be provided upon request where contractually required.
• Force Majeure: The Company is not liable for delays caused by events beyond its reasonable control, including severe weather, natural disasters, labor shortages, supply chain disruptions, governmental actions, utility outages, pandemics, or other force majeure events.
• Limitation of Liability: To the fullest extent permitted by law, the Company's total liability arising from installation services shall not exceed the amount paid for the specific installation giving rise to the claim. The Company shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
• Indemnification: The Customer agrees to indemnify and hold harmless Deluxe Smart Film Corp, its owners, officers, employees, and agents from claims arising from the Customer's breach of these Terms, unsafe site conditions under the Customer's control, or unauthorized alterations to the installed Products.
• Fraud Prevention: The Company reserves the right to suspend work or deny warranty or service requests involving fraud, misrepresentation, forged documents, or payment fraud.
• Reservation of Rights: All rights and remedies available under applicable law are expressly reserved.
• Governing Law: These Terms are governed by the laws of the State of Florida, with exclusive venue in the state or federal courts located in Miami-Dade County, Florida, unless applicable law requires otherwise.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Failure to enforce any provision does not constitute a waiver.
• Assignment: The Customer may not assign these Terms without the Company's written consent. The Company may assign its rights and obligations to an affiliate or successor.
• Survival: Provisions relating to warranties, limitation of liability, indemnification, payment obligations, governing law, dispute resolution, and any provisions intended by their nature to survive shall remain effective after completion of the installation.
• Changes to These Terms: The Company may update these Terms prospectively by posting revised versions on its Website.

Contact Information

Deluxe Smart Film Corp
4080 NW 132nd Street, Unit J
Opa-locka, Florida 33054
Phone: (305) 833-7887
Email: dsf@deluxesmartfilm.com
Website: www.deluxesmartfilm.com

Related Policies & Entire Agreement

Related Policies: These Installation Terms should be read together with all Company policies referenced herein.

Entire Agreement: These Installation Terms, together with the accepted proposal, invoice, Terms of Sale, Warranty Policy, Refund & Cancellation Policy, Shipping Policy, Measurement Accuracy Policy, Privacy Policy, and all incorporated policies, constitute the complete agreement regarding installation services and supersede all prior oral or written communications on the subject.