TERMS AND CONDITIONS

Unless otherwise specified above, this quote does not include taxes, permit and drawings, cutting,  patching or painting, ceiling/wall removal or replacement, asbestos removal, fire watch,  requirements/requests by AHJ beyond the scope of this proposal, damper installation or tie in, HVAC tie in, shunt trip breaker installation, lift, moving of main or branch lines, hydrostatic test of existing system,  piping, seismic bracing on existing piping, sprinkler wiring, responsibility for existing system design or installation, hydraulic calculations, or any work beyond the scope described above. 

1. The Fire Protection Team, Fire Protection Testing, Inc., Fire Protection Alarms, and Fairfield  County Sprinkler, hereinafter collectively “FPT”, warrants that the workmanship hereunder shall be free from defects for thirty [30] days from date of installation. If any replacement part or equipment proves defective, FPT will extend to Customer the benefits of any warranty FPT has received from the Manufacturer. 
2. It is explicitly stated in Chapter 4 of NFPA 25 that the property owner is responsible to obtain an  evaluation of the fire protection systems for any changes made related to building use  occupancy, occupancy, process, or materials; this evaluation is not considered part of the  normal Inspection Test and Maintenance required by the standard or by this quote/proposal/contract.
3. All work under this Agreement will be performed during FPT’s normal working hours. Work necessary on overtime will be billed at prevailing rates, or clearly stated within the scope of work. 
4. Customer will promptly pay invoices, and FPT shall be afforded all rights of a contractor provided in Public Act No. 99-153. In addition, should any payment become thirty [30] days delinquent, FPT may stop all work without notice and/or cancel this Agreement in its sole discretion. 
5. Customer shall be responsible for all taxes applicable to the services rendered and material provided. 
6. Any alteration to, or deviation from, any Agreement involving extra material or labor will become an extra charge (fixed price to be negotiated or on a time-and-material basis at FPT's rates then in effect) over the sum stated in the Agreement. 
7. FPT does not accept responsibility for problems or conditions that are the result of the improper water pressure or causes beyond FPT's control. 
8. If an emergency call is made at Customer's request and inspection indicates a condition that is not covered under this Agreement, FPT may charge Customer at the rate then in effect for such services rendered. Work performed outside of normal working hours will be billed at prevailing rates. 
9. The customer shall permit only FPT's personnel or agents to perform the work included in this  Agreement. 
10. The customer acknowledges that this is a commercial transaction and expressly waives its right to notice and hearing under CT General Statutes Section 52-578a et seq. relative to prejudgment remedies. 
11. FPT shall not be liable for failure to render services or any delay, loss, damage or detention due  to causes beyond its control, including but not limited to, strikes unavailability of equipment or  materials, delays by carriers, work stoppages, fires, lockouts, civil or military authority, insurrection or riot, action of the elements, forces of nature, acts of “God”, or any cause beyond  FPT's control.
12. Any inspection or testing set forth in this Agreement is conditioned upon the systems covered being in operating condition, free from hidden or latent defects. If repairs are deemed necessary, FPT may submit a quote for approval, at the customer’s request. 
13. Inspection or testing as set forth in this Agreement applies to the maintainable portion of the system. 
14. The owner further agrees that under no circumstances shall FPT be responsible or liable to the owner for any claims, losses, damages, or expenses incurred by the owner as a result of any matter occurring prior to the date of the first inspection and testing or work performed by FPT  on behalf of the owner pursuant to this Agreement. 
15. To the fullest extent permitted by law, Customer shall indemnify and hold harmless FPT, its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of services or work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by any active or passive act or omission of Customer, anyone directly or indirectly employed by  Customer, or anyone for whose acts Customer may be liable. 
16. The owner agrees that under no circumstances, whether arising in contract, tort (including negligence) equity or otherwise, will it hold FPT responsible for loss of use, loss of profit,  increasing operating or maintenance expenses, claims of customer's tenants or clients, or any special, indirect, or consequential damages of any kind, including, but not limited to, damages arising from the use, loss of use, performance, or failure of the system(s) to, or the work performed as a result of this contract. 
17. FPT and the Customer agree that it is impractical and extremely difficult to fix actual damages which may arise due to the faulty operation of the System or failure of any Fire Protection device or failure to perform, damage to the Customer's Systems or negligent performance of services; if, notwithstanding the above provisions, should there arise any liability on the part of  FPT, such liability shall be limited to an amount equal to the price of services performed pursuant to this Agreement. Where this Agreement covers multiple sites, liability shall be limited to the amount of the Agreement price allocable to the site where the incident occurred.  Such sum shall be complete and exclusive and shall be paid and received as liquidated damages and not as a penalty. If the Customer desires FPT to assume greater liability, the parties shall amend this agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by FPT of such greater liability, provided however that such rider shall in no way be interpreted to hold FPT as an insurer. In no event shall FPT be liable for any damage, loss, injury or any other claim arising from and servicing, alterations, modifications, changes, or movements of the system(s) or any of its component parts by the customer or any third party. 
18. The Customer does hereby, for itself and all others claiming for it under this Agreement, release and discharge FPT from and against all hazards covered by all of the Customer's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against FPT. 
19. It is agreed that no suit or cause of action or other proceedings shall be brought against either party more than one (1) year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown when the claim arises or whether based on tort, contract, or any other legal theory. The laws of the State of Connecticut shall govern the validity, enforceability, and interpretation of this Agreement.
20. The Customer may not assign this Agreement without FPT's prior written consent. FPT may assign this Agreement to an affiliate without obtaining the Customer's consent.
21. When any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision. 
22. FPT shall be entitled to recover from the Customer all reasonable legal fees incurred in connection with Fire Protection enforcing the terms and conditions of this Agreement.
23. It is understood and agreed by the Customer that FPT is not an insurer and that insurance covering personal injury and property damage on the Customer's premises shall be obtained by the Customer; that the Customer agrees to look exclusively to the Customer's insurer to recover for injuries or damage in the event of any loss or injury; that the amounts payable to the FPT  hereunder are based upon the value of the services and the scope of liability set forth herein;  that FPT is not guaranteeing that no loss will occur; and Customer agrees that FPT is not responsible for any losses which may occur. 
24. Except as expressly set forth herein, FPT disclaims all warranties, expressed 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 supported hereunder. 
25. It is understood that this proposal sets forth our entire agreement. 
26. This proposal will become a contract between us if accepted by you and thereafter approved in writing by our duly authorized representative. 
27. FPT assumes that the Customer's transfer or sale of Site includes all existing records and rights to previous inspection reports on service tickets. 

PAYMENT TERMS 

Pursuant to Public Act N. 99-153, all bills are payable within 30 days from receipt thereof, and failure to pay in accordance with the terms of Public Act No. 99-153 may subject you to interest payments, legal fees and costs set forth therein. Notwithstanding anything to the contrary, if it is necessary to start legal proceedings to collect any unpaid fees or costs you agree to pay all costs of collection, including, without limitation, reasonable attorney fees.