The results of the inspection and/or test shall be detailed on the G AND G FIRE PROTECTION's then current report form which shall be distributed to the CUSTOMER and any designee of CUSTOMER.
2. Inspection Notification:
Prior to G AND G FIRE PROTECTION performing any tests, the CUSTOMER must notify any alarm monitoring companies, the local fire department, and all occupants and tenants.
3. Emergency/Additional Inspection:
Emergency or additional inspections requested by the CUSTOMER will be furnished at an extra charge and be subject to all terms and conditions of this Agreement.
4. Additional Equipment:
In the event additional equipment is installed or the systems are modified after the date of this contract, the annual inspection charge shall be increased in accordance with G AND G FIRE PROTECTION's prevailing rates as of the first inspection of the additional equipment/modification.
5. Water Supply:
Testing and treatment of the water supply, and any costs associated therewith, are not covered by this Agreement and are the sole responsibility of the CUSTOMER. Equipment is available that is designed to monitor for conditions that can contribute to internal corrosion inside the water based fire protection system installed in your facility. Such testing and treatment can be provided pursuant to a separate written agreement.
6. Scope of Inspection:
The inspection and testing services provided by this Agreement are designed to determine the functionality of the inspected systems at the time of the inspection/test. The inspection and testing provided under this Agreement does not include: maintenance, repairs, alterations, or replacement of parts or any other field adjustments. G AND G FIRE PROTECTION may choose to offer such services at an additional charge, but is not obligated under this Agreement to do so. The inspections and testing provided under this Agreement are NOT a system survey or engineering analysis of the system, its installation and/or its design. Inspection and testing services under this Agreement are not intended to reveal design or installation flaws or code compliance violations. Any suggested improvements itemized on any inspection and/or testing report do not constitute an engineering review of the fire protection/suppression system installed in your facility. To the extent such are itemized, they were noticed while conducting an inspection and test of your fire protection system in accordance with applicable NFPA Inspection and Testing Guidelines; however, such items are not part of the NFPA required inspection and test. G AND G FIRE PROTECTION makes no guarantee or assurance that all defects or deficiencies in the systems have been itemized.
The scope of work under this Agreement is limited to the provision of inspection and testing services. G AND G FIRE PROTECTION is not required to move personal property, equipment, walls, and ceilings or like materials which· may impede access or limit visibility. Areas that are concealed are excluded from the inspection.
G AND G FIRE PROTECTION does not warrant that the equipment or systems inspected/tested will meet or comply with the requirements of any fire or life safety code, or regulation of any state, municipality or other jurisdiction of CUSTOMER's particular location.
7. Work of Others:
G AND G FIRE PROTECTION makes no warranty as to the quality of work performed by others or the functionality and design of the originally installed/modified fire sprinkler/suppression or alarm system(s). G AND G FIRE PROTECTION makes no warranties, express or implied, regarding the adequacy, performance or condition of any fire protection/suppression or notification equipment. G AND G FIRE PROTECTION cannot and does not guarantee that loss or damage will not occur.
8. Limitation of Liability - Liquidated Damages:
The parties hereto agree that it is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from failure on the part of G AND G FIRE PROTECTION to perform any of its obligations hereunder. CUSTOMER does not desire that this contract provide for full liability of G AND G FIRE PROTECTION and agrees that G AND G FIRE PROTECTION shall be exempt from liability for Joss or damage due directly or indirectly to occurrences, or consequences there from, which the inspection and/or testing is designed to detect or avert. If G AND G FIRE PROTECTION shall be found liable for loss or damages due to a failure of inspection and/or testing in any respect, G AND G FIRE PROTECTION's liability shall be limited to the lesser of a sum equal to one-half (1/2) of the current annual inspection charge paid (or to be paid) by the CUSTOMER or $1,000.00 as liquidated damages and not as a penalty.
The amounts payable to G AND G FIRE PROTECTION hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the premises, CUSTOMER's property or the property of others located in CUSTOMER's premises.
IN NO EVENT WILL CONTRACTOR BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
LIMITATION OF LIABILITY AND WARRANTY – NO EXPRESS OR IMPLIED WARRANTIES - THE CUSTOMER UNDERSTANDS AND AGREES THAT G AND G FIRE PROTECTION HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND OR TYPE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THE CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT G AND G FIRE PROTECTION MAKES NO EXPRESS WARRANTIES AS TO THE SERVICES RENDERED, AND THAT NO REPRESENTATIVE OF G AND G FIRE PROTECTION HAS ANY AUTHORITY TO MAKE ANY WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.
9. Waiver of Subrogation:
G AND G FIRE PROTECTION is not an insurer against loss or damage. Sufficient insurance shall be obtained by and is the sole responsibility of OWNER/CUSTOMER. CUSTOMER agrees to rely exclusively on CUSTOMER's insurer to recover for injuries or damage in the event of any loss or injury to the premises or property therein. CUSTOMER does hereby, for itself and all others claiming by or through it under this Agreement, release and discharge G AND G FIRE PROTECTION from and against all damages covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance G AND G FIRE PROTECTION, insurer or other entity/individual will have any right of subrogation against G AND G FIRE PROTECTION.
10. Water Discharge:
G AND G FIRE PROTECTION will make every reasonable effort to prevent the discharge of water into or onto areas of landscaping, decorative pavement, etc. CUSTOMER must provide sufficient and readily accessible means to accept the full flow of water that may be required by tests as determined by the type of inspection and accepts all liability for water discharge.
If any provisions of this Agreement shall be invalid or unenforceable under the laws of the jurisdition applicable to the Agreement, such invalid or unenforceable provision(s) shall be severed from the Agreement and the Agreement shall be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of G AND G FIRE PROTECTION and the CUSTOMER shall be construed and enforced accordingly.
Attics are excluded from this agreement unless after the G AND G FIRE PROTECTION's investigation and in its sole discretion the attic and its entry are deemed safe and accessible. Only those attics having a floor-level entry door with stairs, pull down stairs, and/or a permanently mounted access ladder will be considered for inclusion in the agreement. Further, only those attics having appropriate, permanently attached flooring and appropriate lighting will be considered for inclusion in the agreement. Assessment of the suitability of access, flooring and lighting is solely within the discretion of the G AND G FIRE PROTECTION. Any attic deemed safe and accessible must be specifically listed on the front of the Agreement to qualify for inclusion in the Agreement. To the extent that any attic is included in the agreement, only such equipment as is safely visible and accessible from the floored area of the attic will be subject to the agreement.
The person executing this Agreement on behalf of the CUSTOMER, expressly warrants and covenants that he/she is the authorized representative of the Owner of the premises and is authorized to enter into this Agreement for and on behalf of the Owner or Owner's designee.
14. NFPA 25:
CUSTOMER has reviewed and is familiar with the National Fire Protection Association Standard 25 (NFPA 25) and understands the requirements and consequences of failure to comply with the requirements therein. CUSTOMER shall comply with the requirements of NFPA 25. CUSTOMER is responsible for maintaining all fire protection equipment in good, working order as outlined in the applicable NFPA Standards and any and all local rules, codes or standards applicable to the jurisdiction where the system(s) is/are located.
15. Entire Agreement:
This Agreement contains the entire understanding and final expression of Agreement and supersedes and replaces any previous Agreements between the parties. This Agreement may be amended only in a writing signed by both parties.
THIS AGREEMENT IS SUBJECT TO ALL TERMS AND CONDITIONS INCLUDED HEREIN.