Township Council Meeting — Packet

12/9/24, 2:31 PM Print : Quotebullder : ServiceTrade 414. Cost of plumbing ar electrical work that requires state issued license, 18. Work being stopped for any reason because of the owner, general contractor, or their subcontractors, or the AHJ. Continuous access to perform work uninterrupted for & hours (where applicable) must be provided, Any delays dus to Jack of acoess will result in additional charges. Unless otherwise noted In the proposal, working hours are Bam-4pm Monday through Friday. If a CFE employee arrives at the work site and is unabie to perform the work as described in the proposal dus to no fault of CFE, the owner or thelr representative aggress {0 increase the agreed upon price far the time lost. 46. Structural modifications to any part of the bullding or property if required by the AHJ, 17, Prevailing wage rales unless specifically described in this proposal. Terms and Conditions CFE does not represent nor warrant thet the Fire Protection equipment will provent any loss, damage or Injury to person or property, by reason of burgtary, theft, holé-up, fire, smoke, equipment fellure or otherwise, or that the Fire Protection equipment will in all cases provide the protection for which itis installed or intended. Subscriber acknowledges that CFE is not an insurer, and that subscriber assumes all tisk for loss or damage to Subscriber's premises or its contents. CFE has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber's exclusive remedy for CFE's default hereunder is to require CFE to repair or replace, at CFE's option, any equipment covered by this contract which is non-operational, Subscriber authorizes CFE to access the control Panel to input or delete data and programming. The customer Is to provide either ladders or hi-lows for access to Fire Protaction devices located above 10 feat in height. Subserlber agrees that CFE is not an ingurer, and no insurance coverage Is offered here in, The Fire Protection equipment is designed to reduce certain risks of loss, though CFE does not guarantee that no loss will occur, CFE is not assuming liability, and therefore shall not be lable to Subscriber for any loss, personal injury or property damage sustained by Subscriber because of burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause,

efore shall not be lable to Subscriber for any loss, personal injury or property damage sustained by Subscriber because of burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause, whatsoever, regardless of whather or not such loss or damage was caused by or contributed to by CFE negligent performance, fallure to perform any obligation or strict products Fability, Subscriber reteases CFE from any claims for contribution, indemnity, or subrogation. ‘Subscriber agrees that should there arise any liability on the part of CFE because of CFEs negligent performance to any degree, failure to perform any of CFEs obligations, equipment failure or strict products lability, that CFEs fiabllily shall be limited to the cum of the annual payment at lime lability is fixed or he sum of $250.00, whichever is greater, If Subscriber wishes to increase CFEs maximum amount of GFEs limitation of llabllty, Subscriber may, as a matter of right, at any time, by entering a supplemental contract, obtain a higher limit by paying an annual payment consonant with CFEs increased liability, This shall net be construed as insurance coverage. N e Any action by subscriber against CFE must be commenced within one year of the accrual of the cause of action or shall be barred, All actions or proceedings against CFE must be based on the pravisicns of this agreement. Any other action that subscriber may have or bring against CFE in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and > conditions of this agreement, After the expiration of one year from the date here of CFE shall be permitted from time to:time to increase the charge by an amount nat to exceed nine percent each year and subscriber agrees to pay such increase. 2 ‘Subscriber agrees to and shall indemnify and hold harmless CFE, its employees, agents, and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Subscriber, including reasonable attorney's fees, and losses asserled against and alleged to be caused by CFE’s parformance, negligent perfonnance, or failure to perform Its obligations. Parties agree that there are no third-party beneficiaries of this contract. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's Insurance

m Its obligations. Parties agree that there are no third-party beneficiaries of this contract. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's Insurance cartier may otherwise have against CFE or its subcontracters arising out of thls agreement or the relation of the parties hereto, Subscriber shall not be permitted to assign this contract without CFE's consent. CFE shall be permitted to assign this contract and Upon such assignment shall be relieved of further obligation under this contract, 2 7. FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS. This agreement constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties, except CFEs requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Should there arisa any conflict between this agreement and Subscriber's purchase order or other document, this agreement will govern, whether such purchase order or document Is prior to or after this agreement. Should any provision of this agreement be deemed void, all ther provisions will remain in effect. 8. FALSE ALARMS/PERMIT FEES: CFE shall have ne liability for permit fees, false alarms, false alarm fines, police or fire response, any damage fo personal or real property or personal Injury caused by police or fire department response to alarm, whether false alarm or otherwise, or he refusal of the police or fire clopartment to respond, In the event of termination of police or fire response by the municipal police or fire department this contract shail nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein, Should CFE be required by existing o hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay CFE for such service or material. hitpe/fapp.servicetrade.cam/quitebuilder/prinvid/1798789486147265 Bo