Updated 04/13/2022
GENERAL TERMS
Service Agreements are written for 1-3-year periods and offer price protection during the agreement term as specified below. Agreements will automatically renew (without price protection) until new agreement is sent or current Agreement is cancelled by customer. Agreements may be cancelled at any time, by either party, upon 30 days written notice (certified mail only), without restrictions.
Survivor Fire & Safety typically travels in teams of two service technicians per vehicle which will be reflected in our hourly billing for repairs to all applicable systems.
Although Survivor Fire & Safety will respond to most requests for service, it is understood that Survivor Fire & Safety will accept liability only for faulty workmanship as performed by our representatives. Service requests made as a result of normal equipment failure, customer abuse, fires, natural disasters, faulty wiring or electric problems will be charged at scheduled rates.
Survivor Fire & Safety will make every attempt perform your regularly scheduled (quarterly, semi-annual or annual) inspections anytime during the month of their expiration but will not except liability for missing the same.
Survivor Fire & Safety will strive to do its best to avoid damage to other areas while performing our work but will not be held responsible for ceiling removal and/or replacement, painting and/or patching, carpet, equipment or furniture protection, staining/damage to sidewalks, driveways, lawns, landscape beds, etc.
Where new work is connected to an existing system, any deficiencies detected in the existing system during testing /charging of the system are the responsibility of the customer and are not covered by any warranties that may be applicable to the work performed. Customer releases Survivor Fire & Safety from any and all claims regarding the existing system and any damage and/or injury caused by or to the existing system.
If special materials (those not normally carried on our vehicles) or fabrication of material is needed, Survivor Fire & Safety will charge for fabrication labor as well as truck, lift, freight and/or equipment expenses.
If any pipe and/or materials are stored onsite or our shop, Survivor Fire & Safety reserves the right to invoice for these materials as deemed necessary. If the project is delayed for any reason, Survivor Fire & Safety will not be responsible for the condition of the stored pipe and/or materials as well as protection of the stored pipe and materials, storage costs, re-fabrication costs, cleaning of the pipe and fittings, corrosion, microbiologically influenced corrosion (MIC) or anything else caused by the project delays.
If the use of a subcontractor is required due to proprietary systems or components, Survivor Fire & Safety will charge at the subcontractor’s rate plus 30%.
A $14.00 Hazardous Material Fee which will be charged when any fire extinguisher has to be transported from your facility for expanded maintenance to be performed in our shop or any new fire extinguishers is transported to your facility. This fee is to cover the cost of the Department of Transportation (DOT) paperwork required for the transportation of fire extinguishers.
Should gasoline reach or exceed $2.50 per gallon, a $7.50 charge will be invoiced on every invoice.
A $5.00 Condemned Disposal/Recycling Fee per extinguisher will be charged when any fire extinguisher has been condemned and is brought back to our shop to be disposed of/recycled. The same fee will be waived if a replacement fire extinguisher is purchased at the time of service.
Survivor Fire & Safety reserves the right to implement a reasonable temporary surcharge to adjust for any rise in pricing structures for fuel and/or material that may be caused by natural disasters, supply shortages or any other means not directly in control of Survivor Fire & Safety.
FORCE MAJEURE
Survivor Fire & Safety shall be excused from any delay or failure to provide services under this agreement due, in whole or in part, directly or indirectly, to labor difficulties, fire, casualty or accidents, acts of God, civil disorder, terrorism, transportation difficulties, shortage of fuel, labor or materials, governmental acts, pandemics, state of emergencies, or restrictions or any other cause beyond Survivor Fire & Safety’s reasonable control.
HAZARDOUS MATERIAL / ASBESTOS
If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site, Survivor Fire & Safety shall upon recognizing the condition, immediately stop work in the affected area and report the condition to the customer in writing.
COVID/INFECTIOUS DISEASES/PANDEMICS
Customer is responsible to notify Survivor Fire & Safety of any COVID/infectious disease outbreaks or exposure in the building/on the premises. This includes outbreaks within (7) days prior to arrival, and/or known exposure during which Survivor Fire & Safety was on the premises. Survivor Fire & Safety shall upon recognizing the condition, immediately stop work in the affected area. Survivor Fire & Safety will not return to the premises until the situation is resolved in accordance to the CDC requirements.
Survivor Fire & Safety will not be responsible for delays/liquidated damages due to same from our employees being denied access to perform our work due to vaccination status/requirements.
PAYMENT TERMS
Invoicing is generated upon performance of a specific inspection or item in this Agreement. Payment is strictly due fifteen (15) days from date of our invoice unless special arrangements are made. You may opt to pay by check, cash, Master Card, Visa or AFT/ACH/EFT. New customers are required to complete a credit application or will be required to pay COD. Customer will be required to submit such financial information as Survivor Fire & Safety may reasonably require for determination of credit terms.
If Survivor Fire & Safety has not granted credit to customer, payment terms are cash on delivery. There will be a $50.00 cancellation charge if customer does not have required COD at the time of service and must reschedule. All COD orders totaling $1000 or more must be paid with certified funds (certified check, money order or cashier’s check). There will be a $35.00 service charge on all returned checks.
Survivor Fire & Safety may at its sole discretion, at any time, change the terms of customer’s credit or require advance credit or payment by bank check. If Survivor Fire & Safety reasonably believes a customer’s ability to make payments is impaired, Survivor Fire & Safety may cancel any order or remaining balance thereof, and customer will remain liable to pay Survivor Fire & Safety for products shipped or services already received.
Any material sold and delivered to the customer shall remain the property of Survivor Fire & Safety until paid in full. In case of default in payment, the customer agrees to return all material on which there is default in payment upon demand of Survivor Fire & Safety without legal process.
If customer fails to make payment when due, without prejudice to any other right or remedy, (i) overdue sums will bear interest to date of payment at an annual rate of 18% or such lower rate as may be the maximum permitted by law and (ii) Survivor Fire & Safety will be entitled to reimbursement for all costs of collection and attorneys’ fees, with or without suit and including appeals. The minimum amount of such attorneys’ fees will be 25% of the principal amount due and owing. Venue of any legal action related to this agreement shall be in Superior Court of New Jersey, Union County Vicinage.
Survivor Fire & Safety reserves the right to refuse or delay performance of this agreement or any other agreement due to lack of payment of as per our credit terms. The customer waives any claim for cost of cover or delays in deliveries of any equipment/material orders due to default of the same.
PERMITS
All permits will be charged as necessary in addition to the above quoted price.
SALES TAX
All customers will be charged sales tax in addition to the above quoted price as per New Jersey State tax laws unless a proper tax-exempt form has been provided.
WARRANTY
On new installs only, Survivor Fire & Safety warrants that its workmanship and materials shall be free from defects for a period of one year from substantial completion of the job/project, and that it will, at its expense, repair or replace any defective materials or workmanship supplied or performed by Survivor Fire & Safety during the one-year warranty period. NO EXPRESS OR IMPLIED WARRANTIES. The customer understands and agrees that Survivor Fire & Safety hereby disclaims all implied warranties of any kind or type including but not limited to any implied warranty of merchantability and any implied warranty of fitness for any particular purpose. The customer further understands and agrees that company makes no express warranties as to the services rendered, and that no representative of Survivor Fire & Safety has any authority to make any warranties or otherwise vary the terms of this agreement.
LIMITATION OF LIABILITY
It is understood that Survivor Fire & Safety is not an insurer, that insurance, if any, shall be obtained by the customer and that the amounts payable to Survivor Fire & Safety hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the customer’s property or property of others located in the customer’s premise. Customer agrees to look exclusively to customer’s insurer to recover for injuries or damage in the event of any loss or injury and releases and waives all right of recovery against Survivor Fire & Safety arising by way of subrogation. Survivor Fire & Safety makes no guaranty or warranty, including any implied warranty of merchantability or fitness, that the system or services supplied will avert or prevent occurrences or the consequences therefrom, which the system or service is designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Survivor Fire & Safety to perform any of its obligations hereunder. The customer does not desire this Agreement to provide for full liability of Survivor Fire & Safety and hereby agrees that Survivor Fire & Safety shall be exempt from liability for loss, damage or injury due directly or indirectly to occurrences, or consequences therefrom, which the service or system is designed to detect or avert; that if Survivor Fire & Safety be found liable for loss, damage or injury due to a failure of service or equipment in any respect, its liability shall be limited to a sum equal to 10% of annual service charge or $500, whichever is greater, as a penalty, as the exclusive remedy; and that the provisions of this paragraph shall apply if the loss, damage or injury, irrespective of cause of origin, results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this Agreement or from negligence, active or otherwise, strict liability, violation of any applicable consumer protection law or any other alleged fault on part of Survivor Fire & Safety its agency or employees.
WAIVER OF SUBROGATION
Survivor Fire & Safety is not an insurer against loss or damage. Sufficient insurance shall be obtained and is the sole responsibility of customer. Customer does hereby, for itself and all others claiming for or through it under this Agreement, release and discharge Survivor Fire & Safety from and against all damages caused by any perils, including, but not limited to, fire, water damage or any damages to the premises referred to herein, property or equipment, or personal injury due to either the operation or non-operation of the fire suppression equipment. It being expressly agreed and understood that no insurance company, insurer, or other entity/individual will have any right of subrogation against Survivor Fire & Safety.
INDEMNIFICATION & HOLD HARMLESS
Customer agrees, to the fullest extent permitted by law, to protect, defend, indemnify, release and hold Survivor Fire & Safety and its related parties harmless from liability on all claims of any kind, whether brought by customer or by any other third party, and whether based on contract, indemnity, warranty, tort, including, without limitation, negligence, strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from any products or services covered by or furnished under this Agreement or any amendment, modification, extension or expansion thereof. Customer, on behalf of himself, his agents, servants, employees, independent contractors, representatives, affiliates, heirs, successors, and assigns, hereby fully and forever remises, releases, acquits, and discharges Survivor Fire & Safety and its agents, servants, stockholders, managers, employees, representatives, predecessors, affiliates, subsidiaries, assigns, trustees, accountants, attorneys, managers, and successors from and against any and all rights, claims, demands, damages, accounts, debts, liens, suits, actions at law or in equity, regardless of the legal theory or factual basis involved, of any nature whatsoever, arising under or related to customer’s relationship and involvement with Survivor Fire & Safety which customer or any third party may have at all times during or after the cancellation, termination or other end of this Agreement. Customer agrees to indemnify, defend and hold Survivor Fire & Safety harmless from and against all liability, claims, losses, damages or expenses, including reasonable attorneys’ fees and costs, brought by all third parties during or after the cancellation, termination or other end of this Agreement arising from all acts or failures to act by Survivor Fire & Safety in its performance under this Agreement, all to the fullest extent permitted by law.
In the event Survivor Fire & Safety determines that the units, machines, equipment and products that it inspects are unfit for their intended use or are otherwise not functioning properly or do not meet the applicable certification requirements, Survivor Fire & Safety will notify customer in writing of such determination. In the event Survivor Fire & Safety provides such notice, customer hereby remises, releases, acquits, and discharges Survivor Fire & Safety from all liability to customer and to any third party, and customer waives all of its rights to bring an action against Survivor Fire & Safety in the future arising from the units, machines, equipment and products inspected by Survivor Fire & Safety. If Survivor Fire & Safety provides such notice to buyer and a claim is subsequently brought by a third party against Survivor Fire & Safety based upon the units, machines, equipment and products that it inspected, customer agrees to indemnify, defend and hold Survivor Fire & Safety harmless from and against all liability, claims, losses, damages or expenses, including reasonable attorneys’ fees and costs, arising from such claims brought by third parties after the provision of such notice arising from all alleged acts or failures to act by Survivor Fire & Safety in its inspection of the units, machines, equipment and products, all to the fullest extent permitted by law.