TERMS & CONDITIONS: Customer, by acceptance of this quote or order, acknowledges that he has read the statements below, understands them and agrees to be bound by them. The Customer further understands that Approved Fire Protection [herein referred to as "the Company"] is not an insurer of lives and/or property and is relying upon the limitation(s) below in determining the cost of services provided to you.
LIMITATION OF LIABILITY: The Customer understands that, unless indicated otherwise, the service performed on the Customer's equipment by a Representative of the Company will indicate that the fire system was electrically and/or mechanically functioning during the period of time in which the Company's representative was performing said service. The Customer acknowledges that the Company does not guarantee, imply, or suggest that the Customer's fire system will detect (and if so equipped, extinguish] all fires regardless of origin. The Customer further acknowledges that the Company shall have no responsibility whatsoever to the Customer or to any other person for personal injury or death or damage to or loss of property or value, resulting from any causes beyond the Company's reasonable control, including but not limited to, if the fire system is outdated, has been tampered with, altered or has been improperly used, repaired or maintained, or if the hazard area protected by the fire system has been altered or changed. The Company's liability on any claim for loss arising out of or connected with the service of the fire system listed on the face hereof shall be limited to the cost of the inspection for the year in which the claim arose. In no event will the Company be liable for special, incidental, or consequential damages. Customer further understands that the Company is relying upon this limitation in determining the cost of services provided to you.
WAIVER OF SUBROGATION: Customer agrees to waive all rights of subrogation as allowed by governing insurance policies. Customer understands and agrees that Company does not assume risk or liability for loss due to fire or damages to the premises referred to herein, property or equipment, or personal injury due to either the operation or non-operation of the fire suppression equipment. Customer further understands that the Company is relying upon this waiver in determining the cost of services provided to you.
INDEMNIFY AND HOLD HARMLESS: The Customer assumes the entire responsibility and liability for any and all damage or injury of any kind (including death) to all persons, whether employees of Customer or otherwise, and for any and all property damage, or loss of use thereof, caused by, resulting from, arising out of, or occurring in connection with the execution of any work provided by Company in association with or involving the installation, use, operation, repair, and maintenance and performance of the fire detection and/or suppression equipment referenced herein which is caused by or contributed to by any negligent act, error or omission, solely or jointly on the part of the Company or the Customer, their agents, servants, or employees, including any alleged breach of any statutory or codified obligation and including, but not limited to any sole negligence on the part of Company, and/or its agents, servants or employees. If any person, or Customer, shall make a claim for any damage or injury (including death) as above described, the Customer agrees to indemnify and hold harmless the Company, its agents, servants and employees from and against any and all loss, expense, damage or injury (including death), the Company and/or its agents, servants or employees may sustain as a result of any such claim and the Customer agrees to assume the defense of the Company and/or its agents, servants or employees upon such claim and to pay all costs and expenses incurred in connection therewith. This Agreement shall continue in effect notwithstanding the fact the Customer has accepted and paid for the work. Customer further understands that the Company is relying upon this limitation in determining the cost of services provided to the Customer. Unless mandated by state law.
TIME LIMITATION: All claims, actions or proceedings, legal or equitable against Company must be commenced in court within one year after the cause of action has accrued or the act omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time or said claim action or proceeding is barred time being of the essence of this paragraph and damages limited to total cost of contract. Customer further understands that the Company is relying upon these limitations in determining the cost of services provided to you.
SALES TAX: The Company is required to charge sales tax on items for which a sales tax exemption certificate has not been provided. FREIGHT: All sales are FOB: shipping point unless otherwise noted. Title and risk of loss pass to Purchaser on delivery to the common carrier. If product was damaged in transit, recipient must file claim with carrier.
PAYMENT: Payment is due in accordance with terms specified on contract/invoice. All payments shall be made in U.S. funds. In the event of default in the payment of any amount when due, and in addition to all other rights and remedies available to Approved Fire Protection, Approved Fire Protection shall be entitled to collect a late charge of 1 ½% per month (18% per year) or the maximum rate allowed by law, whichever is less, on all amounts past due from the date due until the date paid. If Approved Fire Protection or its agents institute any action to enforce payment, the buyer agrees to pay all costs associated with the collection, including but not limited to court costs, attorney fees and interest.
RETURNED PAYMENTS: All returned payments including but not limited to check, credit card, EFT or other payment methods, will be subject to a minimum fee of $35.00.
CREDIT BALANCE: Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND THE COMPANY SHALL HAVE NO FURTHER LIABILITY.
RETURNS: The Company charges a minimum 25% restocking fee. The company does not accept returns without a return goods authorization (RGA#). Special order items are not returnable.
RECORDS: The Company has a document destruction policy in effect for all of its customers which will lead to the destruction of this Agreement and any and all related materials, documents, plans or correspondence, in paper or electronic form (collectively, the “Records”). Notwithstanding the foregoing, Customer may, within 72 months following the expiration or termination of this Agreement, provide written notice to the Company requesting the Company to send the Records to Customer at Customer’s sole cost and expense. If Customer does not so request the Records from the Company with in 72 months following the expiration or termination of this Agreement, the Company shall have no further obligation to produce or maintain the Records.