STANDALONE LIMITATION OF LIABILITY
BY USING THE SERVICES OF COMMUNITY FIRE PREVENTION LTD. FIRE YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU CANNOT USE THE SERVICES.
This Standalone Limitation Of Liability (the “Agreement”) is between Community Fire Prevention Ltd. (“ComFire”) of 1320 Kingsway Ave. #113, Port Coquitlam, BC V3C 6P4 and the party requesting various services from ComFire (the “Customer”) at a site set out by the Customer (the “Site”). The Customer understands ComFire’s work is limited in scope, namely limited only to those components of the Customers fire suppression or warning system (the “System”) as viable or assessed by ComFire at the time of an preliminary inspection, assessment, or quotation (the “Services”). ComFire may only provide the Services to the Customer if the Customer agrees to this Agreement.
FOR GOOD AND VALUABLE CONSIDERATION, the Customer and ComFire agree as follows:
- Known Damage and Repairs. The Customer must inform ComFire, in writing, of any known damage (or repairs, including past repairs) to the System or related components before ComFire commences any Services and in the event such information is disclosed to ComFire after a fee quote or estimate was provided by ComFire, such fee quote or estimate may change.
- Site Access. The Customer will give ComFire access to all parts of the Site as reasonably necessary to perform the Services, at no cost to ComFire.
- Assumption of Risk. The Customer assumes all risks with respect to the Services.
- Limitation of Liability. Except for gross negligence, wilful misconduct, or any criminal behaviour on the apart of ComFire, in no event will ComFire or it’s shareholders, directors, officers, contractors, employees, assigns, and successors (collectively, the “ComFire Team”) be liable to the Customer, or to any third party, for anything that may arise from or be related to the Services or their attendance at the Site under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, for any (a) loss of production, use, business, revenue or profit; (b) impairment, inability to use or loss, interruption or delay of the services; (c) loss, damage, corruption or recovery of client’s data; (d) breach of data or system security; or (e) direct, consequential, incidental, indirect, special, aggravated, punitive or exemplary damages, regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. If a remedy set forth herein is found to have failed of its essential purpose, then, in no event shall the ComFire Team’s aggregate liability that may arise from or be related to the Services their attendance at the Site exceed the amounts paid or due by the Customer to ComFire in the year in which the claim arose and will be limited to direct damages. Damages set forth in this section are the parties’ sole exclusive remedy and the sole and exclusive alternative remedy in the event any other remedy fails of its essential purpose.
- ComFire is not an insurer of the System. So, the Services are provided “as is” without any warranty by ComFire whatsoever. For certainty, ComFire disclaims all warranties whether express, implied, or statutory, to the Customer as to any matter whatsoever, including all implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by any of ComFire’s Team creates a warranty or in any way increase the scope of ComFire obligations.
- The Customer INDEMNIFIES the ComFire Team of and from any and all claims, demands, losses, damages, expenses, and costs, whatsoever (including the ComFire’s out-of-pocket solicitor-client fees), may arise from or be related to the Services or ComFire’s attendance at the Site.
- The Customer has the legal authority to enter into, perform, and be bound by this Agreement.
- This Agreement (a) survives and does not have a term; (b) can only be terminated by mutual agreement (and no party can be compelled to agree); and (c) applies to all matters or liabilities whether occurring or discovered before or after the completion of the Services or the date of this Agreement.
- In the case of conflict between this Agreement and any other document or agreement, this Agreement prevails and will govern to the extent of that conflict or inconsistency unless that other document is in writing, signed by the parties, and explicitly names this Agreement and states that such other document prevails over this Agreement.
- This Agreement shall be construed in accordance with and governed by the laws of the Province of British Columbia, shall enure to the benefit of the ComFire and their respective legal representatives, successors and assigns and shall be binding upon the Customer and its successors and assigns.
THIS AGREEMENT CONTAINS A WAIVER OF LEGAL RIGHTS AND AN INDEMNITY.
PLEASE TAKE YOUR TIME AND REVIEW THIS AGREEMENT, AND SEEK LEGAL ADVICE IF NECESSARY, BEFORE USING THE SERVICES