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Call National Fire Control National Fire Control

National Fire Control
55 W. Hoover, Suite 10
Mesa, Arizona 85210

 

Terms and Conditions

 

NATIONAL FIRE CONTROL’S TERMS AND CONDITIONS

 

1. AUTHORITY: Signor for CUSTOMER represents that (a) he or she is a duly authorized representative of CUSTOMER with full legal authority to bind the same by signing this agreement, (b) the promises and obligations under this agreement are a material inducement to NFC contracting with CUSTOMER, and (c) CUSTOMER is the owner or owner’s agent for all goods sold and services provided under this agreement and that CUSTOMER assumes all responsibility to ensure that any deficiencies or impairments shall be repaired, replaced, or removed in a timely manner.

 

2. ROC NOTICE: The following notice is required by Arizona Revised Statutes § 32-1158(A)(9): A property owner has the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of A.R.S. § 32-1154(A). Any such complaint must be filed within the applicable time period set forth in A.R.S. § 32-1155(A). The Registrar’s phone number is (602) 542-1525, and its website address is http://www.azroc.gov/.

 

3. ENTIRE AGREEMENT: All terms and conditions set forth in this document and NFC’s subsequent invoices form the entire agreement between NFC and CUSTOMER and supersede and control over any prior agreements and understandings, whether written or verbal. NFC rejects any inconsistent terms or counterproposals provided by CUSTOMER, including in any purchase order, unless expressly agreed to in writing by NFC. In the event of a conflict between the terms and conditions in this document and any invoice or other writing, the provision most favorable to NFC is controlling.

 

4. PAYMENT AND INTEREST: CUSTOMER agrees to pay for all goods and services furnished by NFC by the date due and in accordance with the terms and conditions in this document and in NFC’s invoices. Unless otherwise agreed in writing, invoice payments are due 30 days from invoice date. All past due sums accrue interest at the rate of 2% per month, and 24% per annum, until paid in full.

 

5. PRICE: All prices are subject to change unless otherwise agreed to in writing by NFC. CUSTOMER will be invoiced at prices in effect at the time of delivery. All taxes, transportation costs, duties and other charges are in addition to quoted prices. The amount of any sales, excise or other taxes, if any, applicable to NFC’s goods and services will be added to the purchase price and paid by CUSTOMER unless NFC is provided a valid tax exemption certificate or NFC agrees in writing to not include taxes.

 

6. ADDITIONAL EQUIPMENT OR SERVICES: In the event additional fire protection equipment is supplied or installed after the “date of estimate,” any applicable annual inspection service charges will be negotiated in accordance with NFC’s prevailing rates and confirmed in a writing signed by CUSTOMER and NFC. The quantity list may not be inclusive. Upon inspection, if the quantity list changes, the price may change accordingly.

 

7. INSPECTION, ACCEPTANCE, AND BILLING ADJUSTMENTS: CUSTOMER shall examine all goods upon delivery. All claims for damage, shortage, and errors in shipment or improper delivery must be made in writing to NFC within five (5) business days of delivery, after which time CUSTOMER accepts the goods and waives any right to reject the goods or revoke acceptance. Any claims for billing errors or adjustments must be made in writing to NFC within ten (10) business days from invoice date or such claims are waived by CUSTOMER.

 

8. SHIPMENT/DELIVERY: Risk of loss for the goods sold under this agreement transfers to CUSTOMER upon delivery of the goods to CUSTOMER’s possession or place of business, or upon delivery to the location requested by CUSTOMER. The cost of any special handling or packaging required by CUSTOMER’s order will be added to the amount due. If CUSTOMER causes or requests a delay of delivery, or if NFC delivers an order erroneously as a result of inaccurate or incomplete information supplied by CUSTOMER, all storage and other additional costs and risk will be borne by CUSTOMER.

 

9. CANCELLATION, RETURNS, AND RESTOCKING FEES: CUSTOMER may not cancel, change, or modify an order without the written consent of NFC and payment by CUSTOMER of all resulting additional charges and any cancellation or re-stocking fees. Orders for goods that NFC does not regularly stock will incur a restocking fee of 20% if the order is cancelled after NFC places the order with the manufacturer/supplier. CUSTOMER may return goods that NFC regularly stocks and that are not special order items if (i) returned in new condition, remains suitable for resale and in its undamaged original packaging with all original parts and (ii) it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged. All returns are subject to a re-stocking fee, unless otherwise agreed to by NFC. Special orders, non-stock items, and goods not installed by NFC may be returned only if NFC’s supplier and the manufacturer are willing to accept the return and CUSTOMER agrees to reimburse NFC for any restocking or cancellation fees charged by the supplier/manufacturer.

 

10. WARRANTY, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY:

 

a. Goods Warranty: As to goods, NFC warrants only title to the goods sold to CUSTOMER. Any additional warranties on the goods are limited to those provided by the product manufacturer. NFC assigns to CUSTOMER any and all manufacturing warranties and will reasonably assist CUSTOMER to obtain repair, replacement, or other applicable remedy for a breach of warranty made known to NFC during the warranty period.

 

b. Services Warranty: As to services, NFC warrants only that its services will be performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices.

 

c. Disclaimer of Warranties and Warranty Exclusions: These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage or installation of the goods.

 

NFC DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSE EVEN IF KNOWN BY NFC. NFC MAKES NO REPRESENTATION, WARRANTY, OR PROMISE THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY APPLICABLE LAWS, ORDINANCES, REGULATIONS, CODES OR STANDARDS, EXCEPT AS SPECIFIED AND AGREED TO IN WRITING BY NFC. EXCEPT IN THE EVENT OF DAMAGE CAUSED BY NFC'S SOLE NEGLIGENCE, UNDER NO CIRCUMSTANCES SHALL NFC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES CLAIMED BY CUSTOMER OR ANY THIRD PARTY RELATED TO A BREACH OF WARRANTY OR ANY OTHER NON-CONFORMITY OF THE GOODS OR SERVICES.

 

d. Limitation of Liability and Exclusive Remedy:

 

i. Except as set forth in the warranty and exclusive remedy provisions herein, NFC shall not be liable under any circumstances for any actual, special, incidental, consequential, punitive, statutory, or indirect damages, including but not limited to legal fees and loss of productivity, profits, revenues, capital, or business opportunity, or downtime costs, relating to or arising out of NFC’s goods or services.

 

ii. In recognition of the relative value, risks, and benefits of the goods and services provided, and as part consideration and inducement for NFC to enter this agreement, TO THE EXTENT LIABILITY IS FOUND AGAINST NFC, CUSTOMER’S EXCLUSIVE REMEDY IS NFC’S REPAIR OR REPLACEMENT OF THE GOODS OR, ALTERNATIVELY, AT NFC’S SOLE ELECTION, A REFUND OF THE PRICE NFC RECEIVED FOR THE GOODS AND SERVICES.

11. SECURITY: To secure payment and performance of all obligations, CUSTOMER grants NFC a Purchase Money Security Interest in all inventory, equipment, and materials furnished by NFC, whenever sold, consigned, leased, rented or delivered, directly or indirectly, to or for the benefit of CUSTOMER by NFC. This security interest extends to all repossessions, returns, and all proceeds from sale, lease or rental, and all existing or subsequent accounts and accounts receivable. CUSTOMER authorizes NFC to file financing statements describing such collateral along with other notices, and will assist NFC’s necessary actions to perfect and protect NFC's security interests.

 

12. INSURANCE: CUSTOMER acknowledges and agrees that NFC is not an insurer and that the CUSTOMER, at its own expense, is responsible for any and all fire-related insurance. NFC shall not be responsible for any claims of the CUSTOMER or any third party for any loss or damage that is insured, required to be insured, or insurable by the CUSTOMER.

 

13. INDEMNIFICATION FOR CLAIMS BY THIRD PARTIES: CUSTOMER is responsible for providing access to a safe workspace appropriate for NFC to furnish its goods and services. IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST NFC RELATING TO OR ARISING OUT OF NFC’S GOODS AND SERVICES, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS NFC FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES AND COSTS), WHETHER BASED UPON ALLEGATIONS OF RECKLESSNESS, ACTIVE OR PASSIVE NEGLIGENCE, EXPRESS OR IMPLIED WARRANTY, CONTRIBUTION OR INDEMNIFICATION, OR STRICT OR PRODUCT LIABILITY.

 

14. DISPUTE RESOLUTION: The parties will promptly and in good faith attempt to resolve any dispute arising out of or relating to this agreement by informal negotiation between persons authorized to settle the dispute and holding management levels higher than the persons responsible for administration of the agreement. Any dispute not timely resolved after good faith negotiation will be submitted, at NFC’s sole discretion, to mediation and/or binding private arbitration or the court. If binding arbitration is elected, the arbitration will be governed by and conducted in accordance with the Arizona Revised Uniform Arbitration Act (A.R.S. §§ 12-1501, et seq.) and held in Phoenix, Arizona. If court litigation is elected, venue shall be in the Arizona Superior Court, in and for Maricopa County, Arizona.

 

15. REMEDIES ON BREACH OF AGREEMENT; LEGAL EXPENSES: In the event of CUSTOMER’s material breach of this agreement, including but not limited to the failure to pay amounts when due and payable, the unpaid agreement balance becomes immediately due and payable, plus interest accruing therein at the rate of 2% per month (24% per annum) until paid in full. Unpaid goods will be uninstalled or otherwise repossessed at the expense of the CUSTOMER, and CUSTOMER grants NFC the right to enter CUSTOMER’s premises if necessary to effectuate repossession. In the event NFC must commence a legal action to enforce this agreement or hire a collections agency to collect past due sums, CUSTOMER is liable for and must pay all fees, costs, and expenses incurred by NFC, including but not limited to all of its attorneys’ fees, whether or not arbitration or trial is commenced. All goods shall remain the sole property of NFC until paid for in full. If it is necessary for NFC to reclaim any goods that have not been paid for, then NFC may additionally collect from CUSTOMER a lease amount equal to 1/12th of the total value of such goods for each month the goods were in service.

 

16. GOVERNING LAW, SEVERABILITY, MODIFICATION: This agreement is governed by and construed in accordance with Arizona law. If any provision of this agreement is declared invalid by an arbiter or court of law, all other provisions remain enforceable. No change or modification of this agreement may be made unless in writing and signed by NFC.

 

17. COUNTERPART SIGNATURES AND EXCHANGE: This agreement may be signed in counterparts and electronically exchanged.

 

18. PRELIMINARY LIEN NOTICES: NFC uses a notification service to fulfill Arizona’s “Preliminary Twenty Day Notice” requirements as set forth in Arizona Revised Statutes § 33.992.01. Under Arizona law, such preliminary lien notices are intended to protect CUSTOMER’s and NFC’s respective rights and interests and are not liens or a reflection on any party’s integrity or ability to pay.

 

 

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

If you have any questions about our policy please contact us:
602-266-3473 | service@nationalfirecontrol.com