Requirements of Customer: Assistance from the property owner, management or maintenance staff is required to access all areas of the facility in order to locate devices, including vacant/locked spaces, riser rooms, conference rooms, janitor closets, etc. It is the owner’s responsibility to know the alarm company’s contact information, account number and password. You must notify the alarm company during fire protection service work to place the alarm in test mode and to facilitate operation of alarm transmitting equipment. Some alarm companies require prior notice, in which case you will need to give proper notice to your alarm company.
This agreement is made between Jarrett Fire Protection, a Division of Jarrett Builders, Inc., herein called “COMPANY” and the CUSTOMER as noted in the proposal.
- Scope of Undertaking: COMPANY will perform the services described on the Tenant Build-Out Agreement (“the Work”). No other services are included. The amount payable to the COMPANY for the Work is based solely upon the value of the services performed and is unrelated to the value of the CUSTOMER’S property and/or the property of others located in/on the premises. CUSTOMER makes no guaranty or Warranty that equipment or services supplied by COMPANY will detect or avert occurrences or the consequences there from that the equipment or services are designed to detect or avert.
- Equipment Disconnections: CUSTOMER is on notice that the fire sprinkler system(s)/device(s) will be temporarily or permanently disconnected and no longer in service and thus, cannot detect, perform and/or report occurrences or transmit signals.
- Existing System: Where new work is connected to an existing system, any deficiencies detected in the existing system during testing or charging of the system are the responsibility of the CUSTOMER and are not covered by any warranties that may be applicable to the Work. CUSTOMER releases COMPANY from any and all claims regarding the existing system and any damage or injury caused by or to the existing system.
- Water Discharge: COMPANY 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 and accepts all liability for water discharge.
- 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. COMPANY makes no claims and/or representations as to the presence currently or in the future of corrosion inducing matter, i.e. microbiological organisms, contained within the water supply. COMPANY recommends that the water supply be tested and, as needed, treated. Testing and treatment of the water supply and costs associated therewith are the sole responsibility of CUSTOMER. Any such testing must be pursuant to a separate written agreement.
- Temperature: CUSTOMER shall ensure that all areas of the building containing water-filled sprinkler pipe or components shall be maintained at a minimum temperature of 40°F. COMPANY is not responsible for assessing or maintaining building conditions including, but not limited to, the heating, cooling, insulation and conditioning of spaces in which water-filled piping is located. Conditions of temperature are outside the scope of this work.
- Work of Others: COMPANY 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). COMPANY makes no warranties, express or implied, regarding the adequacy, performance or condition of any fire protection/suppression or notification equipment. COMPANY cannot and does not guarantee that loss or damage will not occur.
- Incidental/Consequential Damages. COMPANY shall not be liable for indirect, incidental or consequential damages of any kind, including but not limited to damages arising from the use, loss of use, performance, or failure of the covered system(s) to perform.
- LIMITED WARRANTY: COMPANY WARRANTS THAT ITS WORKMANSHIP AND MATERIAL (the Work) FURNISHED UNDER THIS CUSTOMER WORK ORDER WILL BE FREE FROM DEFECTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE SAID WORK IS COMPLETED. COMPANY AGREES TO REPAIR OR REPLACE THE WORK PROVIDED THE WORK HAS NOT FAILED DUE TO CIRCUMSTANCES UNRELATED TO THE MATERIALS OR WORKMANSHIP FURNISHED BY COMPANY. EXCEPT AS EXPRESSSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPLIED HEREUNDER.
- Indemnity: CUSTOMER agrees to indemnify, hold harmless and defend Contractor, to the fullest extent permitted by law, against any and all losses, damages, costs, including expert fees and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the exposure of workers to Hazardous Conditions whether or not CUSTOMER pre-notifies COMPANY of the existence of said hazardous conditions, arising in any way from performance of the Work or the Work whether caused in whole or in part by the CUSTOMER, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence) strict liability or otherwise. COMPANY reserves the right to select counsel to represent it in any such action.
- Waiver of Subrogation: COMPANY 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 COMPANY from and against all damages covered by CUSTOMER’s insurance, it being expressly agreed and understood that no insurance COMPANY, insurer or other entity/individual will have any right of subrogation against COMPANY.
- Severability: If any provisions of this Agreement shall be invalid or unenforceable under the laws of the jurisdiction 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 COMPANY and the CUSTOMER shall be construed and enforced accordingly.
- General: Unless otherwise specified, work shall be done between the hours of 6:30 AM and 3:00 PM exclusive of Saturdays, Sundays, and Company holidays. All work is subject to review and rebilling in accordance with the terms and conditions of CUSTOMER’s agreement with COMPANY. Company shall not be responsible for failure to render services due to causes beyond its control, including but not limited to material shortages, work stoppages, fires, civil disobedience or unrest, severe weather or any other cause beyond the control of COMPANY or its vendors/subcontractors.
- Authorization: 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. Authorization may be in the form of agreement by email, fax, or singing a proposed agreement for referenced work and sending to COMPANY.
- Entire Agreement: This Agreement contains the entire understanding and final expression of Agreement and supersedes and replaces any previous Agreements between the parties. The terms of this agreement begin upon acceptance by both parties. Payment terms are Net 30 for the value of services rendered, unless COD is requested. Sales tax is applied to all fire extinguishers, fire extinguisher cabinets, and accessories. COMPANY will provide our standard insurance coverage that is in force at the time we perform the work. Any additional coverage over and above our current Certificate of Insurance limits will be an additional charge to be paid by the CUSTOMER. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover reasonable attorney fees, cost of litigation, and court costs.
THIS AGREEMENT IS SUBJECT TO ALL TERMS AND CONDITIONS INCLUDED HEREIN.