TERMS AND CONDITIONS
ARMADA SECURITY & FIRE, INC
PEMBROKE PINES, FL
T: 954-889 3808
www.armada.us.com
LIC: EF20000716
ARMADA SECURITY & FIRE, INC
8362 Pines Blvd. # 405 PEMBROKE PINES FL 33024
T: 954-889 3808/ www.armada.us.com /LIC: EF20000716
TERMS AND CONDITIONS OF SALE
This Agreement is made and entered into by and between Armada Security & Fire,Inc of Pembroke Pines FL and undersigned Customer.
1. Armada Security & Fire,Inc shall furnish and install or only installation of the equipment specified hereto, to the Customer, upon the terms and conditions hereinafter set forth. The price does not include any required governmental fees, permit fees, shipping charges, or taxes unless otherwise noted. All required fees will be added to the final invoice. The deposit will be deducted from the final invoice.
2. Customer shall be required to provide sufficient space for the materials, on its premises and proper facilities for Armada Security & Fire,Inc’ s prosecution of the work. This shall include without limitation, doing all things necessary to make all areas necessary for and said purpose, accessible, and putting same in appropriate condition for the performance of Armada Security & Fire,Inc s work.
3. It is further agreed that title to the materials and equipment furnished by Armada Security & Fire,Inc is to remain in Armada Security & Fire,Inc, however they may be affixed to the realty, until all payments for them shall have been fully made; and that if default is made in any of the payments according to the terms specified in this agreement, Armada Security & Fire,Inc shall be entitled to enter the premises where the materials and equipment may be located and take immediate possession of and remove the same as its property, without prejudice to the rights of action for further damages which Armada Security & Fire,Inc may suffer, and that the Customer will perform all acts which may be necessary to perfect and assure such retention of title to the materials and equipment in Armada Security & Fire,Inc
4. Neither party shall be responsible for delays, failure or omissions under this contract due to any cause beyond its control, and not due to its own negligence, and which cannot be overcome by the exercise of due diligence, including labor disturbances, riots, fires, earthquakes, floods, storms, lightning, epidemics, war, disorders, hostilities, expropriation or confiscation of properties, failure of and delays by carriers, interference by civil or military authorities, whether legal or de facto, and whether purporting to act under some constitution, decree or law, or otherwise, acts of God, perils of the sea, etc., whether or not the cause be of the same class or kind as those enumerated above, such enumeration being expressly understood not to be inclusive of other causes or classes of causes.
5. This agreement and all terms of it shall be in conformity with the laws of any state where this agreement may be sought to be enforced, and if any terms of it are in conflict with any rule of law or
statutory provision of any such state, then the terms which may conflict with it shall be deemed inoperative and void insofar as they may be in conflict with it, and shall be deemed modified to conform to such a rule of law. Any provision of this contract prohibited by law of any state shall as such state be ineffective to the extent of such prohibition without invalidating the remaining provisions of the contract.
6. It is agreed that this contract shall not be modified or added to by any agreement not expressly stated in this agreement. This contract shall not be changed or modified in any respect unless a written memorandum embodying such changes or modifications, duly stated, signed by both parties, and bearing distinct date reference to this contract be attached to and made a part of this agreement.
7. In the event that Customer shall fail to pay promptly any proper charges under this agreement or fail to comply with any or all provisions of it, Armada Security & Fire,Inc may declare the full amount of the purchase price the unpaid to be due and payable, and, at the option of Armada Security & Fire,Inc, Armada Security & Fire,Inc, its agents or assigns, may enter on any premises where the equipment may be located and take possession of it, including accessories and replacements supplied by Armada Security & Fire,Inc, and Armada Security & Fire,Inc may retain any and all payments made by Customer as liquidated damages and as reasonable compensation for use of equipment by Customer up to time of such repossession by Armada Security & Fire,Inc. Armada Security & Fire,Inc may resell any equipment so retaken at public or private sale with or without notice to Customer, upon such terms and in such manner as Armada Security & Fire,Inc may determine, and may hold Customer liable for any difference resulting from such sale.
8. In the event of any default by Customer in the payment of any sums due to Armada Security & Fire,Inc hereunder, or of any other obligation on its part to be performed hereunder, any then unpaid balance payable to Armada Security & Fire,Inc shall bear both pre and post judgment interest at the highest rate lawfully chargeable. In the event that litigation eventuates by reason of, or pertaining to this contract, the prevailing party therein shall recover its reasonable attorney ‘s fees, including trial and appellate levels, from the other.
9. Any and all deposits made hereunder shall be non refundable in the event the customer fails to permit Armada Security & Fire,Inc to commence performance of its obligations hereunder. Cancellation made after Armada Security & Fire,Inc commenced work or material was purchased will be subject to non-refund of deposit and the balance will be due in full. Restocking fees will vary based on the equipment and may require 100% fee for job specific or non-standard equipment and non-standard materials.
10. Change Orders resulting from inspections are payable after final approval. Once the re- inspection is completed, the balance of all funds, including Retain age will be due within 15 days. Armada Security & Fire,Inc is not responsible for the Scope of Work of other trades. Customer shall not withhold final payment due to lack of completion of other trades, unless agreed upon in advance in writing.All balances will be due as soon as the installation is finished.
11. Re-inspection fees include Armada Security & Fire,Inc manpower to attend unless the failure is the result of Armada Security & Fire,Inc workmanship.
12. Substantial Completion means that the original scope of work, as amended by any written change orders, has been completed and the system is functioning in its intended use. Substantial completion may be evidenced by the issuance of the warranty as provided in Para. 15 or the disablement of the system being replaced.
13. This contract constitutes the entire agreement between the parties and includes all promises and representations, express or implied, made by Armada Security & Fire,Inc and Customer. Nothing not contained in this instrument is part of this contract. No stipulation, agreement or understanding of the parties shall be valid or enforceable unless contained in
this contract. And no oral conditions, warrants or modifications of this contract are valid. The undersigned have read and understand this contract and its provisions and understand that no employee or agent of Armada Security & Fire,Inc has any authority to make any agreement or representation for Armada Security & Fire,Inc or binding upon Armada Security & Fire,Inc with representation to this contract.
14. Installation: Armada Security & Fire,Inc agrees to install the equipment listed as part of this agreement in a workmanlike manner in accordance with the following conditions:
15. Customer will make premises available without interruption during Armada Security & Fire,Inc s normal working hours, 8:00am to 5:00pm, Monday through Friday, excluding holidays, unless noted in the Scope of Work.
16. Customer understands that the installation will necessitate drilling into various parts of the premises Armada Security & Fire,Inc intends generally to conceal wiring in the finish area of the premises, however, there may be areas in which due to construction, decoration or furnishing of the premises Armada Security & Fire,Inc determines, in its sole discretion that it would be impractical to conceal the wiring and in such cases, wire will be exposed.
17. Customer agrees to provide 110 AC electrical outlets at the designated locations for equipment requiring AC power.
18. Customer understands that installation requires drilling holes in interior and exterior walls. Armada Security & Fire,Inc limits its liability to the patching of said holes and Armada Security & Fire,Inc cannot be responsible for providing paint or wall coverings to match those of coverings existing within Customers premises.
19. The following only apply if Armada Security & Fire, Inc includes PARTS and LABOR in the work to be perform :Limited Warranty Any part of the system and wiring installed under this agreement which proves to be defective in material or workmanship within 90 days of the date of substantial completion will be repaired or replaced at Armada Security & Fire,Inc s option with a new or functional operative part. Labor and material required to repair or replace such defective components or to make mechanical adjustments to the system will be free of charge for a period of 90 days, Monday-Friday 8am-5pm, following the certification of the original installation. The Customer s remedies hereunder are expressly limited to repair or replacement as shown. THE WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR, IMPLIED, IN FACT OR IN LAW (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) Armada Security & Fire,Inc shall in no event be liable for any consequential damages, however occasioned.
The warranty printed above does not apply to the conditions listed below and in the event customer calls Armada Security & Fire,Inc for service under the warranty and upon inspection by Armada Security & Fire,Inc representative it is found that one of these conditions has led to the inoperability of the system. Should it actually be necessary to make repairs to the system due to one of the “conditions not covered by warranty , the Customer will be charged for the service call whether or not Armada Security & Fire,Inc actually works on the system. Should it actually be necessary to make repairs to the system due to one of the conditions not covered by warranty , and the Customer will be charged at Armada Security & Fire,Inc s current rates for labor and material. Unqualified, unauthorized service, maintenance, or repairs will void all warranties.
Conditions not Covered by Warranty:
Installation Labor only where customers supply all the materials and where Armada Security & Fire ,inc will charge to customer at a rate of $ 95.00 per hour to correct, fix ,reprogram or replace any part supplied by customer. Damage resulting from accidents; acts of God, alteration, misuse, tampering and abuse.
Failure of Customer to properly follow operating instructions provided by Armada Security & Fire,Inc at time of installation.
Batteries and other parties working on equipment not authorized by Armada Security & Fire,Inc
20. Limitation of Liability- Notwithstanding anything to the contrary herein and to extent permitted by law, the aggregate liability of Armada Security & Fire,Inc to the Customer, whether in contract, tort (including negligence) or otherwise, will be limited to the contract value. The foregoing does not limit the liability of Armada Security & Fire,Inc for any injury to, or death of a person, caused by the gross negligence of Armada Security & Fire,Inc .
21. Assignment This Agreement becomes the property of Armada Security & Fire,Inc and may be assigned to a third party at Armada Security & Fire,Inc’s discretion.
22. This constitutes the entire Agreement between the Customer and Armada Security & Fire,Inc and no representation or statement not contained in the Agreement shall be binding upon Armada Security & Fire,Inc as a warranty or otherwise. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions or any order submitted by the Customer.
23. Collection Customer will pay to Armada Security & Fire,Inc. all costs for collection of past due monies including reasonable attorneys fees, and any and all interest charges allowed by law.
Venue for all litigation brought hereunder shall be in Broward County, Florida only.
24. Any changes to the Scope of Work, and or Equipment Supply, as required by the agency having jurisdiction shall be treated as a Change Order. Written Customer approval is required before
additional work can be done.
25. Training in any installed equipment by Armada Security & Fire inc,, like CCTV, DVR, Cameras, remote access software,security system ,access control, will be a one time only ,for up to one hour , and only for basic operation of the system , any advance training or advance programming or any multi day training will be charged at the hourly rate of $95.00 per hour.
26.Basic programming of the security camera CCTV equipment , DVR/NVR/Recorder equipment will be for recording programming only .Recording programming will be on a regular 24/7 hour cycle schedule ,everything else will be advanced programming .Basic training for customer or customer’s representative will be on how to play back the recording history of the recorder NVR,DVR only and this training will be on how to perform this playback function on the actual recorder (NVR/DVR) and NOT on the remote mobile phone app.Training on the remote phone app will be on how to open the phone application and how to see the camera’s live feed view only,everything else will be advance training.We can not warranty a remote view of the cameras through the mobile phone applications since all manufacturers and software have different specs and limitations that sometimes are out of our control.
26. Special orders are not returnable and may have a restocking fee of 100%
27.Customer is aware that to run wires ,Armada Security & Fire technicians must some time crawl inside the attic of the house/apartment/building, and in doing so the ceiling that is located directly or indirectly under the attic can be crack for the movement of the installer against the ceiling joist, rafters ,or strutting beams and Armada Security & Fire,Inc limits its liability to the patching of said cracks and Armada Security & Fire,Inc cannot be responsible for providing matching wall texture , popcorn , paint or wall coverings to match those of coverings existing within Customers premises.