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1' Ontario 0 San Diego s Irvine 0 Pasadena a Fresno
<br />Hayward a Sacramento
<br />,1111i HC1 Telephone: (877) 331-2084 • Fax: (909) 628-7774
<br />' Systems Inc. State Contractors License C-7, C-I0, C-16 #905493
<br />Terms & Conditions
<br />1. Customer agrees:
<br />• to provide free access to all areas of the facility covered by the fire alarm system. Where necessary, the customer will
<br />provide a person familiar with the facility who can gain access to all areas;
<br />• to provide the necessary equipment or lifts to reach inaccessible equipment and peripherals;
<br />• to supply suitable electrical service, and;
<br />• that in the event of any emergency or system failure, reasonable safety precautions will be taken to protect life and property
<br />(including fire watch) during the period of time from when HCI is first notified of the emergency or failure and until such time
<br />that HCI notifies the customer that the system is operational or that the emergency has cleared.
<br />2. Unless noted elsewhere in this proposal, the customer agrees to provide a person or persons to monitor, verify and reset the
<br />fire alarm panel or command center during all scheduled HCI testing.
<br />3. No repairs beyond those listed under the Scope of Work herein will be performed without a prior written authorization and a
<br />change order executed for additional cost. This Agreement assumes the system covered Is in maintainable condition. If repairs
<br />are found necessary upon Inspection, a proposal for repair at an additional cost will be submitted for approval. Should such
<br />repair proposal be declined, those non -maintainable items will be removed from the Agreement and the contract amount
<br />adjusted accordingly.
<br />4. It Is understood that repair, replacement and emergency service provisions apply only to the systems and equipment covered
<br />by this Agreement and identified in the List of Covered Equipment. Repair or replacement of non -maintainable parts of the
<br />system such as, but not limited to, unit cabinets, insulating materials, electrical wiring, structural supports and other non-moving
<br />parts, is expressly excluded from this Agreement.
<br />5. Emergency Service Exclusions. Emergency Service does not Include travel expense, material and labor charges required as a
<br />result of accident, fire, storm, water, negligence, misuse, vandalism, power failure, source current fluctuations, lighting surges,
<br />any failure whatsoever resulting in whole or in part from a non-HCI installation, parts, service, attachments, or devices, or any
<br />other cause external to the equipment. Emergency Service will be provided in accordance with the description provided in
<br />Scope of Work. All services will be provided during normal business hours unless outlined elsewhere in this Agreement.
<br />a. HCI may transferor assign this Agreement to any other fire alarm company or financing institution without notice to you. You
<br />may not transfer this Agreement to someone else (including someone who purchases or leases or subleases your premises)
<br />unless we pre -approve the transfer in writing. We may use subcontractors to provide the services herein.
<br />7. HCI will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse of the
<br />equipment by others, or caused by lightning, electrical storm, or other violent weather, or by any cause beyond HCI control
<br />except ordinary wear and tear.
<br />8. The customer shall promptly notify HCI of any malfunction in the system(s) that comes to the customer's attention. HCI will not
<br />be responsible for fire watch in the event of system failure.
<br />9. It is mutually understood that in providing the services included in this Agreement, HCI is not an insurer and does not
<br />guarantee any damage to property or Injury to person will not occur.
<br />10. This agreement shall be governed and construed in accordance with the laws of the state of California. Both parties agree to
<br />submit to the exclusive venue and jurisdiction of the courts of California for any litigation pertaining to this Agreement.
<br />11. Neither HCI or Its representative shall be liable to the purchaser or anyone else for any liability, claim, loss, damage or expense
<br />of any kind, or for any direct, consequential, collateral or incidental damages, relative to or arising from or caused directly by
<br />the equipment, its installation, its service, or the use thereof or any deficiency, defect or inadequacy of the equipment. It is
<br />expressly agreed that purchaser's exclusive remedy for any cause of action relating to the purchase, installation, service and/or
<br />use of equipment shall be for damages and HCI liability for any and all losses or damages resulting from any cause
<br />whatsoever, Including negligence, shall in no event exceed the price of the service agreement for the equipment in respect to
<br />which the claim is made or, at the election of HCI, the restoration or replacement or repair of such equipment.
<br />12. Fire watch is excluded.
<br />13. Payments are due within 30 days of the submittal of an invoice. Overdue payments shall bear interest at the rate of 1-1/2%
<br />per month from the date on which payment is due until paid.
<br />14. If any dispute arises out of this Agreement, such dispute shall be subject to Arbitration at the sole discretion of HCI. If any
<br />arbitration or action at law or equity shall be brought on account of any breach of this agreement or to enforce or interpret any
<br />of its provisions, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, which shall
<br />be fixed by the tribunal or court and be made a part of any award orjudgment rendered.
<br />V3.012519, Quoted 9/26/19 Page 4 of 4
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