Terms of Service
TERMS OF PAYMENT
Any amounts owing to Classic Fire & Life Safety Inc. (hereafter referred to as CFLS) after 30 days from the date of invoice shall be subject to a service charge rate of 2% per month compounded monthly (equivalent to 26.8% per annum) on all sums unpaid until paid in full. Late payment or any other payment of any sum owed to ty CFLS due or after demand or any other default in performing any other obligations owed to CFLS is default by the customer. Service or further installation will be held on overdue accounts. CFLS retains title to all goods sold until the invoice amount is paid in full, when whether or not that material has been resold. The customer holds the goods and all proceeds there from in trust for CFLS In the event of any action or proceedings to collect any amount due, the customer agrees to pay for any collection costs incurred by CFLS or its agents and/or all legal fees and costs and all seizure and sale costs. The customer hereby grants to CFLS a security interest over all goods supplied to the customer and over all the customer’s present and after-acquired personal property and assets as security for the payment and performance of all obligations to CFLS from time to time. The customer hereby waives its right to receive any financing statement or verification statement relating to any registration of the security interest herein.
Taxes: Any exemption from taxes is extended to you without prejudice to us. We are entitled to charge you with taxes at any subsequent date should the taxing authorities determine that the goods covered by the invoice are taxable.
Pricing: Any written quotes expire 60 (Sixty) days after date of quote unless otherwise indicated, but cancelable in the event of causes beyond the control of CFLS, please contact your CFLS rep for more details.
INSTALLATION TERMS & CONDITIONS
- All work done onsite will be performed during regular working hours of 8:00 a.m.- 5:00p.m. Mon.-Fri. excluding holidays. Any work performed outside these hours, as requested by the customer, will be done at an agreed upon premium rate.
- The customer is to provide access to the site and is to make any applicable security arrangements without charge to CFLS.
- The customer is responsible for access, passwords and security clearances to all areas of the facility.
- Cancellations or delays may be subject to penalty charges due to re-scheduling, material restocking, etc.
- CFLS reserves the rights at any time to make changes in the design specification of the goods, or any part thereof, which CFLS in its sole discretion, believes will constitute an improvement in such goods or parts thereof.
- It is the responsibility of the customer to ensure that the other systems integrating to any installed system have measures to co-ordinate their efforts with CFLS. CFLS will not be held responsible for any non-action from any other integrated company and will not be held liable for non-performance due to their failure to perform.
- Force Majeure: CFLS shall not be responsible or liable for any delay or failure to deliver any or all of the goods, if such delay or failure is caused by any act of God, fire, flood, explosion, war, insurrection, riot, embargo, action, statute, ordinance, regulation or order of any government or agent thereof, shortage of labour, material, fuel, supplies, power, or transportation; strike or any other labour dispute, or any other cause, contingency, occurrence or circumstance of any nature, whether or not similar to those herein before specified, beyond CFLS control, which prevents, hinders or interferes with manufacture, assembly, installation or delivery of goods, whether valid or invalid. Any such cause, contingency, occurrence or circumstance shall release CFLS from performance of its obligations hereunder. Under like circumstances, the buyer shall be released from its obligations to accept any pay for the goods if notice of such circumstances is given to seller before shipment.
- All building permits, electrical permits, engineering and engineered drawings, and any other permit or fee are not included in the proposal price unless specified otherwise in writing.
- Man-lifts, scaffolding, or any other lifting device is not included in our proposal unless otherwise stated in the quote and will be supplied by others at no expense to CFLS.
MONITORING TERMS & CONDITIONS
- It is agreed that CFLS assumes no responsibility for the maintenance or repair of communication facilities provided by third party suppliers, that CFLS is unable to exercise any control over the maintenance or repair of these facilities, and that any service calls made necessary as a result of a failure or malfunction of these facilities shall be chargeable at CFLS current and usual service rates. Further it is agreed and understood that CFLS assumes no liability for loss or damage by the premises of the Customer as a result of a failure or malfunction of these communication facilities no matter how caused.
- It is understood that the Customer should properly operate the Alarm System. In the event that CFLS receives more than five (5) signals in a twelve (12) month period that require operator action and are either false or as a result of Customer mis-operation or failure to operate correctly. CFLS may, at its option, impose an additional service charge for the added work incurred by CFLS, and the Customer will pay such additional service charge within thirty (30) days of receipt of an invoice from CFLS.
- It is understood and agreed that CFLS’s obligation relates solely to the monitoring of alarm signals, and the maintenance of any alarm equipment that may be installed on the Customer’s premises by CFLS, and that CFLS is not obligated to maintain, repair, service, replace, operate, or assume the operation of any device of the Customer, or of others, to which CFLS’s equipment is attached unless provided in a maintenance agreement which is attached hereto and forms part of this agreement. If equipment requiring maintenance or repair is not covered by warranty or optional extended warranty a service charge will apply for such maintenance or repair.
- It is agreed and understood that in the event of an apparent malfunction in any operation of the security alarm system, or transmission or reception equipment, or the communication facilities, or in any other component of the system, CFLS shall promptly notify a representative of the Customer of said apparent malfunction. Upon such notification to a representative of the Customer, CFLS’s obligations to the Customer shall cease until such time as the malfunction has been corrected and the operation of the signalling system has been tested.
- In the event that any malfunction of the security alarm system shall require the attention of a CFLS service representative, CFLS shall dispatch a qualified service representative as soon as possible during normal business hours which shall be defined as the hours between 8:00am and 5:00pm, Monday through Friday but excluding statutory holidays. Unless covered by the initial warranty of one year for parts and materials, or a maintenance agreement, an additional charge may apply for such service. If there is a monthly amount for System Maintenance Fee shown on page one of this agreement, all labour and material to maintain the system will be provided by CFLS at no additional cost to the Customer except in the event of damage to the system by causes beyond the control of CFLS. All warranty and maintenance agreement service is provided during normal business hours only.
- Customer acknowledges that, upon notification of an apparent malfunction of the security alarm system, the Customer’s Representative shall have the right to request immediate attention by CFLS, and that CFLS shall dispatch a service representative as soon as possible to attend to the malfunction. Customer agrees to pay to CFLS an additional fee should this service be performed outside of normal business hours as defined herein.
- CFLS shall provide an alarm receiving and dispatching service which shall operate twenty-four hours a day for the purpose of receiving signals and notification of agreed-upon authorities. Upon receipt of an alarm signal, CFLS shall promptly attempt to verify that an emergency condition does not exist, and in the absence of such verification, CFLS will notify the police, fire, or other designated persons of the alarm signal. Customer agrees to provide written instructions and lists to CFLS of the authorities of persons to be notified in the event of an alarm. The Customer will promptly advise CFLS, in writing of any changes, additions or deletions to the list of authorized employees, friends, relatives or other persons, including their telephone numbers. CFLS cannot assume liability of any loss from or damage to the Customer’s premises as a result of insufficient or out-dated information.
- If any underwriter or inspection bureau having proper jurisdiction shall require any changes or additions to the Alarm System, such changes or additions shall be provided by CFLS and paid for by the Customer at CFLS’s then current and usual service rates.
- CFLS is hereby authorized to enter into the premises of the Customer for the purpose of installing, testing, repairing, and removing the alarm transmission equipment. The right to enter to remove equipment applies where full payment has not been made for equipment being purchased by the Customer or where equipment owned by CFLS is installed on the premises of the Customer.
- CFLS may, with the approval of the Customer, place company decals on doors, windows, or other areas deemed necessary by CFLS.
- IT IS AGREED THAT CLASSIC FIRE & LIFE SAFETY INC. IS NOT AN INSURER AND THAT THE PAYMENTS HEREIN SPECIFIED ARE BASED SOLELY UPON THE VALUE OF THE SERVICES TO BE PROVIDED, AND IT IS NOT THE INTENTIONS OF THE PARTIES HERETO THAT CFLS ASSUME RESPONSIBILITY FOR ANY LOSS OCCASIONED BY MALFEASANCE OR MISFEASANCE IN THE PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE SUSTAINED THROUGH BURGLARY, THEFT, FIRE, OR OTHER CAUSE. FURTHER, ANY LIABILITY ON THE PART OF CFLS INC. BY VIRTUE OF THIS AGREEMENT, OR THE RELATIONSHIP HEREBY ESTABLISHED WITH THE CUSTOMER OR ANY OTHER PARTY, WHETHER DUE TO NEGLIGENCE OF CFLS INC. OR OTHERWISE SHALL IN ALL EVENTS BE LIMITED TO A SUM EQUAL TO FIVE HUNDRED ($500.00) DOLLARS OR ONE YEAR’S SERVICE FEE, WHICHEVER IS GREATER, THIS SUM SHALL BE PAID BY CFLS AND RECEIVED BY THE CUSTOMER AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY, AND THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. IN THE EVENT THAT THE CUSTOMER OR ANY OTHER PARTY, DESIRES FCFP TO ASSUME A GREATER LIABILITY FOR ITS SERVICE HEREUNDER, A CHOICE IS HEREBY GIVEN OF OBTAINING FULL OR LIMITED LAIBILITY BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE ADDED LIABILITY OF CFLS AND AN ADDITIONAL SCHEDULE SHALL BE ATTACHED TO THIS AGREEMENT SETTING FORTH THE ADDITIONAL LIABILITY OF CFLS INC. AND THE ADDITIONAL CHARGE. THIS RIDER AND THE ADDITIONAL CHARGE SHALL IN NO WAY BE INTERPRETED AS CFLS INC. BECOMING AN INSURER.
- The Customer agrees to indemnify CFLS and to hold CFLS harmless from and against any claims or demands which may be asserted against CFLS, and to pay on a solicitor and client basis, collection costs, legal fees, removal costs, bailiff fees, office administration fees and any other reasonable expense incurred because of the Customer not meeting any obligation with regards to this agreement or because of any demands, claims or other charges made upon CFLS by the Customer or any other third party.
- It is understood and agreed that CFLS shall not be liable for any loss or damage incurred by the Customer arising out of the delay or failure of any police department or other agency to respond to an alarm reported to it by CFLS. The Customer agrees to pay any false alarm assessments, taxes, fees, fines, or other charges relating to the installation or service provided under this agreement which may be duly imposed by any government body or other organization.
- If any police, fire, or other authority should refuse to respond to notification of an emergency condition at the Customer’s premises or if said authority suspends or downgrades response priority, or imposes other sanctions for any reason whatsoever, including excessive numbers of false alarm dispatches, regardless of the source of the false alarm dispatches, this agreement shall not be terminated, suspended or cancelled and CFLS shall continue to provide alarm monitoring services provided for herein, and shall, in response to alarm signals notify the Customer or his designated response agency
- The Customer acknowledges that the alarm services, detection equipment and signal transmission facilities being provided by CFLS are adequate and sufficient for the Customer’s requirements. The Customer has the right to request additional protection at any time he should deem necessary, and that FCFP shall provide this additional protection atCFLS’s degree of protection, signal transmission facilities and monitoring services after consultation with his insurance company, the insurance underwriters, an independent security consultant, or any other individual the Customer may wish to consult.
- CFLS shall have the right to assign this agreement to any person, firm or corporation upon written notice to the Customer. The Customer shall not have the right to assign any portion of this agreement to any person, firm or corporation, nor there any subrogation of any rights or obligations herein contained without the express written consent of CFLS.
- In the event that the Customer determines that CFLS is in default of any obligation in this agreement, or that CFLS has not performed its obligations as contemplated by this agreement, the Customer shall give both verbal and written notice to CFLS of such default or failure to perform and CFLS shall have a period of ninety (90) days from the date of receipt of such notice in which to correct such default. In the event that CFLS does not correct such default within the time specified, the Customer may terminate this agreement without penalty by providing notice in writing to CFLS. Should there be disagreement between CFLS and the Customer as to whether CFLS has corrected such default the parties hereto agree to CFLS in the event that the mediator rules that CFLS has failed to remedy the stated default(s). In the event that the Customer should determine that he no longer requires a security alarm system, or in case of a residential security alarm system if the Customer should sell his residence, the Customer may terminate this agreement without penalty by notice in writing to CFLS. In all other cases this agreement shall be considered as a fixed term agreement and penalties may apply for early termination. In the event that the Customer should sell his residence, this agreement will be terminated without penalty upon written notice of the sale prior to the closing of the sale and the name and address of the purchaser of the home. Should the Customer exercise his right to terminate this agreement based upon determination that he no longer requires a security alarm system, and subsequently, within three years has another alarm system installed, or arranges for monitoring by another company, then the Customer shall be in default of this agreement and all amounts which would have been paid until the end of this agreement shall immediately become due and payable.
- If the Customer shall fail to make any payments hereunder as and when the same become due and payable, or shall breach any of the covenants or obligations on the Customer’s part, or if the Customer should become bankrupt, or if the Customer should vacate the premises, then in each such case all amounts payable until the expiration of the initial term, or any renewal term of this agreement shall immediately become due and payable. CFLS may at its option and without prejudice to such other rights as it may then have, enter the premises of the Customer and remove any equipment owned by CFLS, and such removal shall not in any way affect the Customer’s obligation to pay as specified herein.
- This agreement is made for an initial term of as indicated above and shall automatically renew until such time as one part gives notice to the other party of its desire to terminate this agreement with a minimum of sixty (60) days notice prior to the end of the term.
- Monitoring services provided under this agreement shall consist of the following conditions unless changed or modified on a schedule attached to and forming part of this agreement-Burglar Arm Signals, Low Battery Supervisory Signals, Security Alarm Trouble Signals excluding loss of primary AC power, and Supplemental Fire Detection Signals from smoke or heat detectors installed under this agreement. Keypad emergency keys or buttons are not activated nor are they monitored.
- It is agreed that upon receipt of an alarm signal from the Customer’s premises CFLS will attempt to verify or confirm that an emergency condition does not exist prior to notification of the authorities and this verification procedure may involve telephone calls to the premises and to representatives of the Customer. If CFLS is unable to confirm that an emergency condition does not exist then notifications will be made in accordance with written instructions provided by the Customer and accepted by CFLS. The Customer acknowledges that in the event of an accidental alarm he will immediately telephone the CFLS Security Response Center and identify himself by name and personal identification number or secret password.
- The Customer is advised that in all communications with CFLS concerning the operation of the security alarm system it is the responsibility of the Customer to properly identify himself through the use of a personal identification number or a secret password known only to the Customer and to CFLS for reasons of security, CFLS will not be obligated to accept instructions regarding the security alarm system without such proper identification.
- This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. If any provision of this agreement is found by any Court of Competent Jurisdiction to be invalid or unenforceable such provision shall be deemed severed here from and all other provisions shall remain in full force and effect.
- For the purposes of this agreement, all written correspondence to CFLS shall be addressed to Classic Fire & Life Safety, 160 Adelaide St S, Unit A, London, Ontario, N5Z 3L1. Facsimile Number 519-668-0020, or such other address as may be provided from time to time. There are no verbal understandings changing or modifying any of the terms of this agreement.
- This agreement includes clauses that may limit CFLS liability!
COMMUNICATION TERMS & CONDITIONS
Client acknowledges that: (i) CFLS and its Clients may correspond or convey documentation via Internet e-mail unless Client expressly requests otherwise, (ii) neither party has control over the performance, reliability, availability, or security of Internet e-mail, and (iii) CFLS shall not be liable for any loss, damage, expense, harm or inconvenience resulting from the loss, delay, interception, corruption, or alteration of any Internet e-mail.
You agree that CFLS may communicate with you via email and any similar technology for any purpose relating to the fire and life safety products and any services which are, or may in the future be provided by the CFLS or on the CFLS’s behalf. If you do not want to receive communication from CFLS, you can unsubscribe at any time following the instructions contained in any email received from CFLS or by writing an opt-out request to CFLS. Where CFLS communicates using emails with its Clients and or other parties in order to provide services, both parties accept the inherent risks e.g. the security risks of interception of or unauthorized access to such communication. As e-mails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party or may not be delivered to each of the parties to whom they are directed and only to such parties, CFLS cannot guarantee or warrant that e-mails from CFLS will be properly delivered and read only by the intended addressee. Therefore, CFLS specifically disclaims and waives any liability or responsibility whatsoever for interception or unintentional disclosure or communication of e-mail transmissions, or for the unauthorized use or failed delivery of e-mails transmitted by CFLS in connection with the performance of this engagement. In that regard, the Client agrees that CFLS shall have no liability for any loss or damage to any person or entity, resulting from the use of e-mail transmissions, including any consequential, incidental, direct or indirect, or special damages, such as loss of sales or anticipated profits or disclosure or communication of confidential or proprietary information.
WARRANTY COVERAGE
Classic Fire & Life Safety. (CFLS) warrants the work under this contract and products against defects in materials and workmanship for a period of one (1) YEAR from the date of original retail purchase. If a defect exists, at its option CFLS will (1) repair the defective product at no charge, using new or refurbished replacement parts, (2) exchange the defective products with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. A replacement product/part assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a component or part is exchanged, any replacement item becomes your property and the replaced item becomes CFLS’s property. When a refund is given, your product becomes CFLS's property.
This warranty does not apply: (a) to damage caused by accident, abuse, misuse, or misapplication; (b) to damage caused by service (including upgrades and expansions) performed by anyone other than an authorized CFLS technician; (c) to a product or a part that has been modified or altered without the written permission of CFLS; or (d) damages due to causes beyond the control of CFLS, such as force majeure, excessive voltage, mechanical shock, electrostatic discharge (ESD), electrical discharge, criminal tampering, water damage, inadequate testing, or shipping and handling.
This warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, expressed or implied. Classic Fire & Life Safety Inc. specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. Classic Fire & Life Safety Inc. shall not be liable for damages of any kind, including without limitation, lost or anticipated profits, delay, incidental, consequential or special damages.