|
<br />
<br />
<br />
<br />
<br />V 072622, Quoted 9/16/22 Page 4 of 5
<br />Ontario ● San Diego ● Irvine ● Pasadena ● Fresno
<br />Sacramento ● Pleasanton
<br /> Telephone: (877) 331-2084 • Fax: (909) 628-7774
<br />Terms & Conditions
<br />
<br />1. TERM: The original term of this Agreement is 12 months, starting the month during which services commence. The term will
<br />automatically renew itself for an additional 0 months from the last day of the original term or any renewal term unless either
<br />you or we give the other at least 30 days prior written notice of its intention to cancel the Agreement at the end of the original
<br />term or at the end of the applicable renewal term.
<br />
<br />2. Customer agrees:
<br /> To provide free access to all areas of the facility covered by the fire alarm system. Where necessary, the customer will
<br />provide a person familiar with the facility who can gain access to all areas;
<br /> To provide the necessary equipment or lifts to reach inaccessible equipment and peripherals;
<br /> To supply suitable electrical service, and;
<br /> That in the event of any emergency or system failure, reasonable safety precautions will be taken to protect life and property
<br />(including fire watch) during the period of time from when HCI is first notified of the emergency or failure and until such time
<br />that HCI notifies the customer that the system is operational or that the emergency has cleared.
<br />
<br />3. This Agreement assumes the system covered is in maintainable condition. If repairs are found necessary upon inspection, a
<br />proposal for repair at an additional cost will be submitted for approval. Should such repair proposal be declined, those non-
<br />maintainable items will be removed from the service agreement and the contract amount adjusted accordingly.
<br />
<br />4. It is understood that repair, replacement and emergency service provisions apply only to the systems and equipment covered
<br />by this agreement and identified in the List of Covered Equipment. Repair or replacement of non-maintainable parts of the
<br />system such as, but not limited to, unit cabinets, insulating materials, electrical wiring, structural supports and other non-moving
<br />parts, is expressly excluded from this Agreement.
<br />
<br />5. Emergency Service Exclusions. Emergency Service does not include travel expense, material and labor charges required as a
<br />result of accident, fire, storm, water, negligence, misuse, vandalism, power failure, source current fluctuations, lighting surges,
<br />any failure whatsoever resulting in whole or in part from a non-HCI installation, parts, service, attachments, or devices, or any
<br />other cause external to the equipment. Emergency Service will be provided in accordance with the description provided in
<br />Scope of Work. All services will be provided during normal business hours unless outlined elsewhere in this agreement.
<br />
<br />6. If HCI tests a system that was not installed by HCI, HCI assumes no liability for that system either in whole or in part, and we
<br />expressly disclaim any liability or warranty, as such system or any of its components not installed by us. Any components that
<br />are installed by us or repaired by us are subject to the limited warranty given in the applicable repair agreement. It is not our
<br />duty to investigate or inquire into your legal obligations to any third party with respect to any system that we inspect,
<br />or any of its components not installed by us, and you agree to provide third party indemnification to HCI in the event
<br />of any third party claims arising out of testing under this agreement.
<br />
<br />7. HCI may transfer or assign this Agreement to any other fire alarm company or financing institution without notice to you. You
<br />may not transfer this Agreement to someone else (including someone who purchases or leases or subleases your premises)
<br />unless we pre-approve the transfer in writing. We may use subcontractors to provide the services herein.
<br />
<br />8. HCI will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse of the
<br />equipment by others, or caused by lightning, electrical storm, or other violent weather, or by any cause beyond HCI control
<br />except ordinary wear and tear.
<br />
<br />9. The customer shall promptly notify HCI of any malfunction in the system(s) that comes to the customer’s attention. HCI will not
<br />be responsible for fire watch in the event of system failure.
<br />
<br />10. It is mutually understood that in providing the services included in this Agreement, HCI is not an insurer and does not
<br />guarantee any damage to property or injury to person will not occur.
<br />
<br />11. Multiyear Agreements: HCI shall modify the annual amount at the renewal date and the Agreement shall otherwise continue
<br />without change. However, the customer may notify HCI within 30 days of receipt of the modification of a decision to terminate
<br />or renegotiate the services being provided, rather than accept the new amount. Standard HCI labor rates for service repair and
<br />maintenance work are subject to change for the duration of this agreement.
<br />
<br />12. Neither HCI or its representative shall be liable to the purchaser or anyone else for any liability, claim, loss, damage or expense
<br />of any kind, or for any direct, consequential, collateral or incidental damages, relative to or arising from or caused directly by
<br />the equipment, its installation, its service, or the use thereof or any deficiency, defect or inadequacy of the equipment. It is
<br />expressly agreed that purchaser’s exclusive remedy for any cause of action relating to the purchase, installation, service and/or
<br />use of equipment shall be for damages and HCI liability for any and all losses or damages resulting from any cause
<br />whatsoever, including negligence, shall in no event exceed the price of the service agreement for the equipment in respect to
<br />which the claim is made or, at the election of HCI, the restoration or replacement or repair of such equipment.
<br />
<br />13. Fire watch is excluded.
<br />
|