- 181 Park Street, Malone, NY 12953
- Mon – Fri: 8:00AM – 6:00PM
- info@upstatecabling.com
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These Billing Terms & Conditions (“Terms”) govern payment, invoicing, and related billing policies for all services provided by Upstate Cabling LLC (“Upstate Cabling,” “we,” or “us”). These Terms apply to all customers, services, and transactions unless otherwise expressly agreed to in writing.
Where a separate written agreement exists between the customer and Upstate Cabling, that agreement shall control to the extent of any direct conflict.
Certain billing and payment terms may be summarized on customer invoices for convenience; however, issuance or receipt of an invoice constitutes acceptance of the applicable billing terms.
Payment is due within thirty (30) days of the invoice date unless otherwise expressly agreed to in writing. Invoices are considered received upon electronic delivery.
Customer is responsible for all applicable sales, use, and similar taxes imposed in connection with the services, excluding taxes based on Upstate Cabling’s income.
Any disputes regarding an invoice, including charges or fees, must be submitted in writing within seven (7) days of receipt. Submission of a dispute does not relieve the customer of the obligation to pay undisputed portions of the invoice when due.
Failure to timely dispute an invoice shall constitute acceptance of the charges.
Past-due balances remaining unpaid after the invoice due date may be subject to a late charge of 1.5% per month (18% annually) or $30.00 per month, whichever is greater, where permitted by law. Late charges may accrue monthly and are capped at a maximum total of $60.00.
The assessment or waiver of late charges in any instance does not constitute a waiver of the right to assess late charges on other past-due balances.
Partial payments do not waive the remaining balance, applicable late charges, or other amounts due unless expressly agreed to in writing. Acceptance of a partial payment does not constitute acceptance of disputed charges, modification of these Terms, or a waiver of any rights related to non-payment. Any remaining unpaid balance shall continue to be subject to applicable payment terms.
Quotes are based on information available at the time of preparation and reflect the scope of work specifically described in the issued quote. Any work requested outside the approved scope may result in additional charges and may require written authorization prior to commencement.
Unforeseen site conditions, changes in requirements, or delays outside of Upstate Cabling’s control may affect pricing or completion timelines. Additional work required as a result of such conditions may be billed separately.
Customer is responsible for providing reasonable access to service locations, utilities, and any required approvals necessary for services to be performed, including ensuring that sites are ready and accessible as scheduled. Delays caused by lack of access, site readiness issues, or customer-requested changes may result in additional charges and/or rescheduling.
Upstate Cabling is not responsible for delays or failures resulting from circumstances beyond its reasonable control, including supply chain disruptions, weather events, third-party actions, or conditions at the service location. Completion timelines may be impacted by such circumstances.
All materials and equipment provided by Upstate Cabling remain the property of Upstate Cabling until payment is received in full, regardless of whether such materials or equipment have been installed or integrated into the customer’s premises.
Manufacturer warranties apply where available and are passed through to the customer when applicable. Upstate Cabling does not provide independent warranties on manufacturer-supplied equipment and is not responsible for manufacturer defects or performance beyond applicable warranty terms.
Upstate Cabling is not responsible for the performance, compatibility, or suitability of customer-supplied materials or equipment.
Accounts remaining unpaid beyond thirty (30) days past due may be subject to suspension of ongoing or future services until the account is brought current. Suspension of services shall not constitute a breach of these Terms by Upstate Cabling.
If an account remains unresolved after reasonable attempts to obtain payment, it may be referred to a third-party collections agency for recovery.
Customer agrees to be responsible for any reasonable collection costs incurred, including third-party collection fees, where permitted by law.
Upstate Cabling warrants that services will be performed in a workmanlike manner consistent with generally accepted industry standards. Except as expressly stated, no other warranties, express or implied, are provided.
To the fullest extent permitted by law, Upstate Cabling shall not be liable for any indirect, incidental, consequential, or special damages, including lost profits, loss of data, or business interruption, arising out of or related to the services.
Upstate Cabling’s total liability arising from any claim related to the services shall not exceed the amount paid or payable for the specific services giving rise to the claim.
Upstate Cabling shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, weather events, labor disputes, supply chain disruptions, utility outages, or actions of third parties or governmental authorities.
Failure by Upstate Cabling to enforce any provision of these Terms shall not constitute a waiver of the right to enforce such provision in the future.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any legal action arising from these Terms shall be brought in a court of competent jurisdiction located within the State of New York.
