Rieve Fire Protection Contract Terms & Conditions

PAYMENT TERMS:

Deposit due upon contract approval if applicable. Subsequent payments will be invoiced monthly based upon percentage of work completed. Payments are due according to the Net Terms stated on Company's proposal or invoice. Unpaid balances not received within 15 days after an Invoice's Due Date are subject to a 1.5% finance charge per month. Customer agrees to pay all costs of collection including reasonable attorney fees.

STANDARD EXCLUSIONS: 

The following work is excluded unless specifically noted on the Company's proposal scope of work. Any electrical or wiring work if required for motors, compressors, or alarm monitoring. Any trenching, backfilling, or other sitework. Any concrete coring, cutting, or patching. Price does not include premium time or overtime; all work to be performed during normal business hours. Price does not include cost of town permit or plan review fees if required by local authority. Price does not include cost of fire watch if required by local authority. Price does not include purchase of liability insurance limits above our standard coverages.

STANDARD TERMS AND CONDITIONS: 

1. Scope of Undertaking: Contractor will perform the services described above (The Work). No other services are included. The amount payable to the Contractor 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.  
2. Existing System: Where work is being performed on, or connected to an existing system, any deficiencies detected in the existing system during performance of The Work are the customer's sole responsibility and are not covered by any warranties that may be applicable to The Work. Customer releases Contractor from any and all claims for damage or injury caused by, or to, the existing system. 
3. Actions by Others: In no event shall Contractor be liable for any damage, loss, injury, or any other claim arising from the servicing, alteration, modification, or movements to The Work made by the Customer or any other third party. 
4. Waiver of Subrogation: The Contractor is not an insurer against loss or damage. Customer agrees to rely exclusively on Customer’s insurance to recover for injuries or damage in the event of any loss, damage or injury to the premises or property therein. Customer, for itself and all others claiming by or through it under this Agreement, releases and discharges Contractor 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 Contractor. 
5. Indemnity: Any and all claims for indemnity, defense, or hold harmless made by the Customer or any third-party indemnitees shall only be to the extent Contractor, or those who Contractor are responsible for, are negligent. Any and all claims made against Contractor shall first be asserted and exhausted against Contractor’s insurance. Thereafter, Contractor’s direct uninsured liability shall be capped at $25,000.
6. Incidental/Consequential Damages: Contractor shall not be liable for indirect, incidental, or consequential damages of any kind, including damages for loss of business, financing, profits, bonding capacity, reputation, or insolvency. The provisions of this subsection shall also apply to and survive this Agreement. 
7. LIMITED WARRANTY: Contractor Warrants that the workmanship and material (The Work) furnished under this agreement will be free from defects for a period of one year from the date said work is completed. Contractor agrees to repair or replace the work provided the work has not failed due to circumstances unrelated to the materials or workmanship furnished by Contractor. EXCEPT AS EXPRESSSLY SET FORTH HEREIN, CONTRACTOR 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. Contractor makes no Guaranty or Warranty that equipment or services supplied by Contractor will detect or avert occurrences or the consequences thereof that the equipment or services are designed to detect or avert.
8. Suspension and Termination: If Contractor does not receive payment within 15 days from the time payment is due per the Payment Terms, Contractor may stop The Work until payment for the total amount owed is received. Additional fees may be incurred to cover Contractor's reasonable costs of demobilization, delay, and remobilization. Contractor may terminate this Agreement without liability if Customer stops or suspends The Work for 45 consecutive days following mobilization, or if Contractor does not receive payment for work invoiced within 45 days after an Invoice's Due Date per the Payment Terms. Following Termination, Contractor shall be entitled to recover all payments for The Work completed, and for the reasonable value of lost overhead and profit on the remaining work not performed.