Fire Safety Testing and Inspection Services: Waiver of Liability and Indemnity Agreement
Preamble: The Service Provider shall perform the Services as detailed in the Quotation for Service, which includes operational testing of the fire safety equipment located at the Client’s premises. These mandated operational tests are required in order to maintain the Customer’s compliance with applicable fire codes and standards adopted by law in the province of British Columbia. By accepting the Service Provider’s Quotation for Service, the Client acknowledges the condition of existing equipment and building infrastructures is unknown, and the required tests have the potential to cause system malfunctions or failures of existing piping and drains which could lead to damages, including but not limited to damages resulting from water during execution of the Services, and expressly waives any and all liability for damages stemming from these tests. By accepting the Quotation for Service, the Client agrees to be bound by the terms and conditions contained in this preamble and those in the full agreement including all terms and conditions as follows:
- Scope of Services
The Service Provider shall perform the Services as detailed in the Quotation for Service, which includes operational tests of fire safety equipment provided at the Client’s premises. These operational tests are mandated, and are required in order to maintain the Customer’s compliance with applicable fire codes and standards adopted by law in the province of British Columbia. These Services may entail hydrostatic pressurization of sprinkler piping, which has the potential to cause failures in existing infrastructures, leading to water leaks which pose a risk of damage to real property, contents, loss of use and personal injury.
- Waiver of Liability The Client hereby waives any and all liability for damages, including but not limited to property damages and injuries sustained by the Client or any third-party, arising from the Services provided by the Service Provider at the site, to the maximum extent permissible under Canadian law. This waiver encompasses damages caused by water and debris resulting from the Services provided on the site.
- Indemnity The Client agrees to indemnify and hold harmless the Service Provider, its employees, agents, and affiliates, from any and all claims, damages, or expenses arising out of or in connection with the Services provided on the site, including but not limited to any third-party claims resulting from the Client’s negligence or breach of this Agreement.
- Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein. The parties irrevocably submit to the exclusive jurisdiction of the courts of British Columbia for the resolution of any disputes arising out of or in connection with this Agreement.
- Miscellaneous This Agreement, together with the Quotation for Service, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, between the parties relating thereto. No amendment or modification to this Agreement shall be effective unless made in writing and signed by both parties.
By accepting the Quotation for Service, the Client agrees to be bound by the terms and conditions contained in this agreement.