This agreement proposal is valid for 30 days, after which prices are subject to change without notice. Inspection Service(s): Subscriber agrees to pay CERTIZONA FIRE AND SAFETY LLC for service(s) outlined above. The above price, specifications are satisfactory and herby accepted. Certizona Fire and Safety LLC is authorized to do the work as specified. Payment will be made as outlined above. Client understands the above listing of equipment is based on information provided by the customer and / or site survey. Any additional equipment or services that may be have been un-surveyed or unknown or requested by Customer or any authority having jurisdiction will result in additional charges to the customer. Electrical surges, lightning damage, obsolete components, abuse, damaged components, damaged equipment, and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Customer’s expense.
Term and Renewal: The term of this agreement shall be for the period stated on page 1. This agreement shall automatically renew itself for successive periods of one year thereafter under the same terms and conditions, unless either party terminates this agreement.
RECEIPT OF COPY: CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Termination: Either party may terminate this agreement by sending written notice by certified mail, return receipt requested, to the other party at least thirty (30) days prior to the expiration of the agreement term or any renewal term.
CERTIZONA FIRE AND SAFETY LLC does not represent nor warrant that the Fire Suppression Equipment will prevent any loss, damage or injury to person or property, by reason of theft, fire, smoke, smoke damage, equipment failure or otherwise, or that the Fire Suppression Equipment will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that CERTIZONA FIRE AND SAFETY LLC is not an insurer, and that subscriber assumes all risk for loss or damage to Subscriber’s premises or its contents. CERTIZONA FIRE AND SAFETY LLC has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Customer understands and acknowledges that our services will indicate only if the equipment was mechanically functioning during the period of time which our service technician was performing said services. Customer further acknowledges that Certizona Fire And Safety LLC does not imply or suggest that the fire equipment will extinguish all fires regardless of origin. Training on the proper use of the equipment is the responsibility of the Customer.
CERTIZONA FIRE AND SAFETY LLC and Customer agree that CERTIZONA FIRE AND SAFETY LLC is not an insurer and no insurance coverage is offered herein. The fire equipment and CERTIZONA FIRE AND SAFETY LLC’s services are designed to reduce certain risks of loss, though CERTIZONA FIRE AND SAFETY LLC does not guarantee that no loss will occur. CERTIZONA FIRE AND SAFETY LLC is not assuming liability, and, therefore, shall not be liable to Customer for any loss, personal injury or property damage sustained by Customer as a result of fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by CERTIZONA FIRE AND SAFETY LLC’s negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty , strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, Customer agrees to look exclusively to Customer’s insurer to recover damages. Subscriber releases CERTIZONA FIRE AND SAFETY LLC from any claims for contribution, indemnity or subrogation.
Customer agrees to and shall indemnify and hold harmless CERTIZONA FIRE AND SAFETY LLC, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Customer, including reasonable attorney’s fees, and losses asserted against and alleged to be caused by CERTIZONA FIRE AND SAFETY LLC’s performance, negligent performance or failure to perform its obligations. Parties agree that there are no third party beneficiaries of this agreement. Customer on its behalf and any insurance carrier waives any right of subrogation Customer’s insurance carrier may otherwise have against CERTIZONA FIRE AND SAFETY LLC or its subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without CERTIZONA FIRE AND SAFETY LLC’s consent. CERTIZONA FIRE AND SAFETY LLC shall be permitted to assign this agreement and upon such assignment shall be relieved of further obligation under this agreement.
Customer shall maintain a policy of public liability, property damage, burglary and theft insurance under which subscriber and CERTIZONA FIRE AND SAFETY LLC are named as insured and under which the insurer agrees to indemnify and hold CERTIZONA FIRE AND SAFETY LLC harmless from and against all costs, expenses including attorney’s fees and liability arising out of or based upon any and all claims, injuries and damages arising under this agreement, including, but not limited to, those claims, injuries and damages contributed to by CERTIZONA FIRE AND SAFETY LLC’s negligent performance to any degree or its failure to perform any obligation. The minimum limits of liability of such insurance shall be one million dollars for any injury or death, and property damage, burglary and theft coverage in an amount necessary to indemnify subscriber for property on its premises. CERTIZONA FIRE AND SAFETY LLC shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Customer from insurance covering such loss or damage or for such loss or damage against which the subscriber is indemnified or insured. In the event of any loss or injury to any person or property, Customer agrees to look exclusively to Customer’s insurer to recover damages. Customer shall obtain insurance to cover any loss the fire alarm services are intended to detect to one hundred percent of the insurable value, and Customer and all those claiming rights under Customer waive all rights against CERTIZONA FIRE AND SAFETY LLC and its subcontractors for loss or damages caused by water, smoke, fire or other perils intended to be detected by the fire alarm services or covered by insurance to be obtained by Customer, except such rights as they may have to the proceeds of insurance.
TESTING AND/OR INSPECTIONS OF FIRE SUPPRESSION SYSTEM(S): The parties hereto agree that the Fire Suppression Equipment is in the exclusive possession and control of the Customer, and except for CERTIZONA FIRE AND SAFETY LLC’s scheduled Inspections, it is Customer’s sole responsibility to test the operation of the Fire Suppression Equipment and to notify CERTIZONA FIRE AND SAFETY LLC if any equipment is in need of repair. CERTIZONA FIRE AND SAFETY LLC shall not be required to service the Fire Suppression Equipment unless it has received notice from Customer, and upon such notice, CERTIZONA FIRE AND SAFETY LLC may service the Fire Suppression Equipment to the best of its ability within a reasonable time, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. provided Customer agrees to pay for the labor and material charge for such service. Customer may request Repair Service from third parties and CERTIZONA FIRE AND SAFETY LLC shall have no responsibility for the performance of third parties engaged by Customer. Customer agrees to test and inspect the Fire Suppression Equipment and to advise CERTIZONA FIRE AND SAFETY LLC of any defect, error or omission in the Fire Suppression Equipment. The Customer must supply CERTIZONA FIRE AND SAFETY LLC with any ladders or scaffolding to test any device over 10 feet above the finished floor.
CERTIZONA FIRE AND SAFETY LLC shall not be liable for any damage or loss sustained by Customer as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, abuse, misuse, or other causes, including CERTIZONA FIRE AND SAFETY LLC’s negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. The Customer shall allow CERTIZONA FIRE AND SAFETY LLC free access to all areas that require inspection and shall pay a re-inspection fee for return visits to inspect areas not previously accessible.
Certizona Fire and Safety LLC may transfer this agreement to a financial institution or any other service company. Customer may not transfer this agreement to someone else (including someone who rents or purchases your premises) unless we approve the transfer in writing. Certizona may use subcontractors to provide installation work, monitoring, repairs and all other services, and this agreement shall apply to them and the work they perform. Customer understands that:
a.) Certizona Fire and Safety LLC is not an insurer of your premises, personal property or the personal safety of persons in your premises or related work areas:
b.) Customer is solely responsible for providing any insurance on your premises and/or contents, and is also responsible for providing life, health, or disability insurance for yourself and persons who use the equipment, systems, and services.
If CERTIZONA FIRE AND SAFETY LLC prevails in any litigation or arbitration between the parties, Customer shall pay CERTIZONA FIRE AND SAFETY LLC’s legal fees. The parties waive trial by jury in any action between them unless prohibited by law. In any action commenced by CERTIZONA FIRE AND SAFETY LLC against Customer, Customer shall not be permitted to interpose any counterclaim. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service. Customer submits to the jurisdiction and laws of Arizona and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where CERTIZONA FIRE AND SAFETY LLC’s principal place of business is located. Provided Inspection service is included in this agreement and Customer has agreed to pay a fixed amount for Inspection service pursuant to paragraph 1, the parties agree that due to the nature of the services to be provided by CERTIZONA FIRE AND SAFETY LLC, the payments to be made by Customer for the term of this agreement are an integral part of CERTIZONA FIRE AND SAFETY LLC’s anticipated profits and in the event of Customer’s breach of this agreement it would be difficult if not impossible to reasonably estimate CERTIZONA FIRE AND SAFETY LLC’s actual damages. Therefore, in the event of Customer’s default of this agreement Customer shall pay to CERTIZONA FIRE AND SAFETY LLC 80% of the balance due for the term of this agreement as liquidated damages. CERTIZONA FIRE AND SAFETY LLC may, with ten (10) day notice, suspend or terminate its services in event of Customer’s default in performance of this agreement and shall be permitted to terminate all its services under this agreement without relieving Customer of any obligation herein.
Customer agrees that CERTIZONA FIRE AND SAFETY LLC is authorized and permitted to subcontract any services to be provided by CERTIZONA FIRE AND SAFETY LLC to third parties who may be independent of CERTIZONA FIRE AND SAFETY LLC, and that CERTIZONA FIRE AND SAFETY LLC shall not be liable for any loss or damage sustained by Customer by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Customer acknowledges that this agreement, and particularly those paragraphs relating to CERTIZONA FIRE AND SAFETY LLC’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of CERTIZONA FIRE AND SAFETY LLC.
MONITORING SERVICES: Signals of the alarm systems owned by Customer at the premise hereinabove set forth shall be monitored by an outside UL approved agency authorized by Certizona Fire and Safety LLC or it’s subcontractors. If it is the opinion of Certizona Fire and Safety LLC, that the use of the alarm system by Customer adversely affects the use of the signal receiving equipment, any monitoring portion of the agreement may be terminated thirty (30) days following a written notice to Customer.
FALSE ALARMS/PERMIT FEES: CERTIZONA FIRE AND SAFETY LLC shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this agreement shall nevertheless remain in full force and Customer shall remain liable for all payments provided for herein. Should CERTIZONA FIRE AND SAFETY LLC be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Customer agrees to pay CERTIZONA FIRE AND SAFETY LLC for such service or material at current rates.
RESPONSE TO ALARMS: Upon receipt of a sprinkler alarm signal, water flow signal, manual,smoke or automatic fire alarm signal, transmit the alarm to the fire department and notify Customer or his designated representatives by calling the telephone number supplied to CERTIZONA FIRE AND SAFETY LLC in writing by Customer. Upon receipt of a monitor signal, notify Customer or his designated representatives by calling the telephone number supplied to CERTIZONA FIRE AND SAFETY LLC in writing by Customer.
TRANSMISSION LINES: Customer shall pay all charges made by any telephone CERTIZONA FIRE AND SAFETY LLC or other utility for installation, leasing and service charges of telephone lines connecting Customer’s protected premises to CERTIZONA FIRE AND SAFETY LLC’S central station when digital communicator is used. Customer acknowledges that if CERTIZONA FIRE AND SAFETY LLC’S utilizes a digital communicator for the purposes of transmitting alarm signals from Customer’s premises to CERTIZONA FIRE AND SAFETY LLC’S central station that the signals from Customer’s alarm system are transmitted over Customer’s regular telephone service to CERTIZONA FIRE AND SAFETY LLC’S central station and in the event Customer’s telephone service is out of order, disconnected, placed on vacation or otherwise interrupted, signals from Customer alarm system will not be received in CERTIZONA FIRE AND SAFETY LLC’S central station during any such interruption in telephone service and the interruption will not be known to CERTIZONA FIRE AND SAFETY LLC. Customer further acknowledges and agrees that signals which are transmitted over telephone CERTIZONA FIRE AND SAFETY LLC lines which are wholly beyond the control and jurisdiction of CERTIZONA FIRE AND SAFETY LLC and are maintained and serviced by the applicable telephone Company or utility. CERTIZONA FIRE AND SAFETY LLC, at its option, may utilize a radio frequency system for transmitting alarm signals from Customer’s premises to CERTIZONA FIRE AND SAFETY LLC’S central station. Customer acknowledges that the use of radio frequencies are controlled by the Federal Communications Commission and changes in rules, regulations, and policies may necessitate the discontinuing use of such transmission facilities by CERTIZONA FIRE AND SAFETY LLC at CERTIZONA FIRE AND SAFETY LLC’S sole option. Customer further acknowledges that radio frequency transmissions may be impaired or interrupted by atmosphere conditions, including electrical storms, power failures, or other conditions and events beyond the control of CERTIZONA FIRE AND SAFETY LLC.
Upon termination of this Agreement for any reason, Customer shall permit CERTIZONA FIRE AND SAFETY LLC or its agent to enter Customer’s premises and disconnect transmitter or communicator from CERTIZONA FIRE AND SAFETY LLC’S monitoring network.
Customer shall have sole responsibility for the silencing any audible device. In the event CERTIZONA FIRE AND SAFETY LLC is called upon by Customer, governmental authority, or others to silence Customer’s audible device, Customer agrees to pay for each such service call at CERTIZONA FIRE AND SAFETY LLC’S then prevailing rate with a one hour minimum charge. Customer shall obtain, pay for, keep in full force and effect, all necessary licenses and permits for the installation use of the alarm System during the original and any renewal term of this Agreement.
FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS: This agreement constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except CERTIZONA FIRE AND SAFETY LLC’s requirements regarding items of protection provided for in this agreement imposed by
Authority Having Jurisdiction. Customer acknowledges and represents that Customer has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.