VSC Fire & Security, Inc.
TERMS AND CONDITIONS
Warranty: VSC Fire & Security, Inc. warrants that the Products furnished hereunder will be free from defects in materials and workmanship for a period of one (1) year from the date of furnishing. Products or services not in conformance with the above warranty shall be repaired, replaced, re-performed or subject to refund, at VSC Fire & Security, Inc.’s election, as Customer’s sole remedy.
ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ARE HEREBY EXCLUDED. THE PURCHASER UNDERSTANDS AND AGREES THAT CONTRACTOR MAKES NO EXPRESS WARRANTIES OTHER THAN THAT SPECIFICALLY SET FORTH IN THIS PARAGRAPH AND THAT NO REPRESENTATIVE OF THE CONTRACTOR HAS ANY AUTHORITY TO MAKE ANY WARRANTIES OR TO OTHERWISE VARY THE TERMS OF THIS CONTRACT.
Purchaser’s Responsibility: Purchaser shall furnish all necessary facilities for performance of the Work by Contractor, including site access, adequate space for storage and handling of material, light, water, heater, local telephone, watchmen, crane, elevator service (if available), and all necessary permits (unless otherwise specified herein). Purchaser shall supply and maintain sufficient heat (a minimum temperature of 40° F) to prevent freezing of the water-based components of the system, including, but not limited to, all riser rooms. Purchaser shall furnish all necessary plans, specifications, permits, drawings, project schedules, or any revisions thereto to Contractor.
Terms of Payment: Monthly invoices will be rendered representing the value of materials delivered to the site and work performed. All such invoices are payable in full within thirty (30) days. All sums not paid when due shall bear interest at a rate of 1½ % per month, or the maximum allowed by law in the jurisdiction where the Work is performed, whichever is greater.
Special Conditions: In the event this Contract requires new equipment to be connected to existing equipment, Contractor will only test the new work involved as part of this Contract and any high pressure test required on the existing equipment will be an extra to the Contract price. The Purchaser assumes full responsibility for the condition of existing equipment and for water or other damage resulting directly or indirectly from the existing equipment. Contractor shall not be liable for any damage arising from or related to the Purchaser’s existing equipment.
Equipment Disconnections: Purchaser is aware and understands that the system(s) and/or device(s) listed in this Contract will be temporarily or permanently disconnected/impaired and out of service. Any disconnected or impaired equipment cannot and will not operate or function.
Work of Others: Contractor makes no warranty, express or implied, as to the quality of work performed by others. Contractor has no obligation under this Contract to examine, inspect or approve any work performed by others, including, but not limited to, any insulation of the building or sprinkler pipes as may be required under applicable building or installation codes or standards.
Waiver of Subrogation: Purchaser does hereby, for itself and all others claiming for or through it under this Contract, release and discharge Contractor from and against all damages caused by any perils, including, but not limited to, fire and water damage, covered by Purchaser’s insurance, it being expressly agreed and understood that no insurance company, insurer, or other entity/individual will have any right of subrogation against Contractor.
Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify and hold harmless the Contractor and its employees/agents from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from services provided by Contractor regardless of whether such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
Acceptance of Terms: No changes or modifications can be made to this Contract without the express written consent of Contractor. Contractor is not bound by any provisions printed or otherwise at variance with this Contract that may appear on any other form used by Purchaser, such provisions being hereby expressly rejected.
Severability: If any of the provisions of this Contract shall be invalid or unenforceable under the laws of the jurisdiction applicable to the entire Contract, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Contract, but the entire Contract shall be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of the Contractor and Purchaser shall be construed and enforced accordingly.
Authorization: The person executing this Contract on behalf of the Purchaser expressly warrants and covenants that he/she is the authorized representative of the Purchaser, or Purchaser’s designee, and is authorized to enter into this Contract for and on behalf of the Purchaser.
Attorney’s Fees: For any legal action or collection efforts arising out of this Contract, Purchaser shall pay to Contractor all of Contractor’s reasonable attorney’s fees and costs associated with the matter if Contractor is the prevailing party. Prevailing shall mean that Contractor received an award, judgment or settlement in its favor or obtained a dismissal without payment. For any collection proceedings, payments made by Contractor to a collection agent or debt collector shall be paid by Purchaser and if an attorney is retained for any collection efforts, it is agreed that 33 and 1/3% of the total amount sought is a reasonable attorney’s fee.
This is effective July 5, 2018.