GENERAL TERMS AND CONDITIONS
1. The price for our products and services to be performed under this agreement, on a time and material basis, shall be based upon the prevailing Firebrake Solutions, named and managed by Leonard Hutton (from now on referred as FIREBRAKE) prices for material, labor and related items in effect at the time supplied under this agreement. Further, in the event that this agreement is executed on a “price not to exceed” basis, a price to the customer shall be the lesser of: 1. The limit price quoted or 2. The actual cumulative billing based on the aforementioned prevailing prices.
2. The customer shall pay FIREBRAKE using our E-commerce solution’s payment methods and gateways being offered at the moment of the buying.
3. CUSTOMER AGREES THAT FIREBRAKE LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT BE FIREBRAKE RESPONSABILITY IN ANY CASE.
4. Our products purpose is not to save people inside the barrier, but to protect the goods and homes in case a fire reaches its locations, but we don’t cover any damage that’s been made to objects, property, or individuals that did stay ànd wait for a fire to get to their property.
5. This agreement consists of these agreement pages and is the complete agreement between the parties. Customer acknowledges that he has read this agreement, understands it, and agrees to be bound by its terms and conditions. Neither party shall be bound by any statements or representation not contained in this agreement.
6. It is the Owner’s responsibility to properly maintain the FIREBRAKE products acquired. To the fullest extent permitted by law, the Customer shall indemnify, defend, and hold harmless, to FIREBRAKE, his agents and employees, from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from all losses caused or contributed to by the Owner’s failure to properly SET UP, Inspect, and Maintain all fire protection systems.
7. The materials we provide resists exterior conditions, but they are not intended to be placed in the outside or poor conditioned dependencies, for long periods without proper maintaining and inspecting. It’s the customer duty to keep track on its condition and replacing if some part or section has been damaged, in order to be as effective as it can be in peak condition.
FIREBRAKE EQUIPMENT RELATED TERMS AND CONDITIONS
1. In case an inspection and consulting service has been provided by FIREBRAKE in order to fulfill the customer’s needs to properly identify and known the locations and deployment for our fire protection’s different items, the customer will have prepared the items in the outside for proper inspection and further explanations to teach the owner how the goods must be placed to be more effective.
2. In any case being consulted or teached means any other than acquiring knowledge to prevent more damage and protect in a better way the house or the structures they are going to surround with FIREBRAKE equipment.
3. FIREBRAKE does not represent nor warrant that the Equipment will prevent any loss, damage or injury to person or property, by reason of theft, fire, smoke, smoke damage, equipment failure or otherwise, or that the Equipment will in all cases provide the protection for which it is installed or intended. CUSTOMER acknowledges that FIREBRAKE is not an insurer, and that CUSTOMER assumes all risk for loss or damage to CUSTOMER’s premises or its contents. FIREBRAKE has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use.
4. FIREBRAKE and CUSTOMER agree that FIREBRAKE is not an insurer and no insurance coverage is offered herein. The fire equipment and FIREBRAKE’s services are designed to reduce certain risks of loss, though FIREBRAKE does not guarantee that no loss will occur. FIREBRAKE is not assuming liability, and, therefore, shall not be liable to CUSTOMER for any loss, personal injury or property damage sustained by CUSTOMER as a result of fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by FIREBRAKE’s equipment, any extra contractual or legal duty , strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, CUSTOMER agrees to look exclusively to CUSTOMER’s insurer to recover damages. CUSTOMER releases FIREBRAKE from any claims for contribution, indemnity or subrogation.
5. CUSTOMER agrees to and shall indemnify and hold harmless FIREBRAKE, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or CUSTOMER, including reasonable attorney’s fees, and losses asserted against and alleged to be caused by FIREBRAKE’s performance, negligent performance or failure to perform its obligations. Parties agree that there are no third party beneficiaries of this agreement. CUSTOMER on its behalf and any insurance carrier waives any right of subrogation CUSTOMER’s insurance carrier may otherwise have against FIREBRAKE or its subcontractors arising out of this agreement or the relation of the parties hereto. CUSTOMER shall not be permitted to assign this agreement without FIREBRAKE’s consent. FIREBRAKE shall be permitted to assign this agreement and upon such assignment shall be relieved of further obligation under this agreement.
6. All actions or proceedings against FIREBRAKE must be based on the provisions of this agreement. Any other action that CUSTOMER may have or bring against FIREBRAKE in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.
7. CUSTOMER shall maintain a policy of public liability, property damage, burglary and theft insurance under which CUSTOMER and FIREBRAKE are named as insured and under which the insurer agrees to indemnify and hold FIREBRAKE harmless from and against all costs, expenses including attorney’s fees and liability arising out of or based upon any and all claims, injuries and damages arising under this agreement, including, but not limited to, those claims, injuries and damages contributed to by FIREBRAKE’s negligent performance to any degree or its failure to perform any obligation. The minimum limits of liability of such insurance shall be one million dollars for any injury or death, and property damage, burglary and theft coverage in an amount necessary to indemnify CUSTOMER for property on its premises. FIREBRAKE shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the CUSTOMER from insurance covering such loss or damage or for such loss or damage against which the CUSTOMER is indemnified or insured. In the event of any loss or injury to any person or property, CUSTOMER agrees to look exclusively to CUSTOMER’s insurer to recover damages.
8. TESTING OF FIREBRAKE EQUIPMENT: The parties hereto agree that the Equipment, once installed, is in the exclusive possession and control of the CUSTOMER and it is CUSTOMER’s sole responsibility to test condition of the Equipment and to notify FIREBRAKE if any equipment is in need of be replaced withing 3 days from the date the CUSTOMER receives the merchandise. FIREBRAKE shall not be required to service the Equipment unless it has received notice from CUSTOMER, and upon such notice, FIREBRAKE may service the Equipment to the best of its ability within 30 days, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. provided CUSTOMER agrees to pay for the shipment and new material in case FIREBRAKE detects on its retrieval that the goods had been damaged within CUSTOMER’s responsability and control of them. Nothing contained herein shall be construed to require CUSTOMER to request service from FIREBRAKE or require FIREBRAKE to provide per call Repair or substitution. CUSTOMER may request Repair Service from third parties and FIREBRAKE shall have no responsibility for the performance of third parties engaged by CUSTOMER. CUSTOMER agrees to test and inspect the Equipment and to advise FIREBRAKE of any defect, error or omission in the Equipment within 3 days from the date the goods arrived to the CUSTOMER’s order’s destination filled when the goods were bought.
9. If FIREBRAKE prevails in any litigation or arbitration between the parties, CUSTOMER shall pay FIREBRAKE’s legal fees. The parties waive trial by jury in any action between them unless prohibited by law. In any action commenced by FIREBRAKE against CUSTOMER, CUSTOMER shall not be permitted to interpose any counterclaim. CUSTOMER submits to the jurisdiction and laws of California and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where FIREBRAKE’s principal place of business is located.
10. CUSTOMER agrees that FIREBRAKE is authorized and permitted to subcontract any services to be provided by FIREBRAKE to third parties who may be independent of FIREBRAKE, and that FIREBRAKE shall not be liable for any loss or damage sustained by CUSTOMER by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. CUSTOMER acknowledges that this agreement, and particularly those paragraphs relating to FIREBRAKE’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of FIREBRAKE.
Paypal Express Checkout
Paypal Express Checkout is a secure gateway millions of people use everyday in their online shoppings and counts with the approval of many thousands of business worldwide.
They use a secure encrypted protocol from point to point so all your personal and credit data remains secure. You can know more –> here. You also can view a descriptive VIDEO if you prefer in this other link –> VIDEO
Direct Bank Account Transfer
For those who rather send the money in an older fashioned way, there is this other way. Remember if you decide to send the money over bank transfer, we’ll be unable to send the merchandise until the payment is effective, which takes a few days.
Once you make the purchase, you’ll be redirected to a page where you can see the details to make the transfer with your online bank account, or in person by going to your bank in office hours.
We are working on better ways to deliver the best solution in punctuality and costs in your behalf. Currently we have 2 possible choices: normal shipping which takes 15 days, or express shipping which takes 72hours from the order moment.
- Normal shipping – 15 days
- Express shipping – 72 hours*
* In case we have not stock to deliver, we reserve the right to increment this time to the necessary in order to fulfill the total amount requested.
In case the customer wants a reimbursement, it should be known that in case the merchandise has been already sent, we’ll reimburse the total amount minus the shipping costs for both shippings delivery and retrieving’s costs. The time to ask for a reimbursement is within 30 natural days from the exact day the order was made, and has to rely on the present terms and conditions for any consideration, or responsability.
You can read the details –> here