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security & life safety
> Minuteman Security & Life Safety T&C's
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT
OF OR RELATING TO THIS AGREEMENT OR THE UNDERLYING TRANSACTIONS HERETO, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE
FORESEEABLE, (B) WHETHER OR NOT CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR
OTHER REMEDY OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINUTEMAN’S TOTAL LIABILITY ARISING OUT OF
OR RELATED TO THIS AGREEMENT AND THE UNDERLYING TRANSACTIONS HERETO SHALL NOT EXCEED THE AMOUNT OF $250.00. CUSTOMER
ACKNOWLEDGES AND AGREES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND FURTHER AGREES THAT
THIS LIMITATION OF LIABILITY IS REASONABLE. The payment of this amount shall be Minuteman's sole and exclusive llabllity regardiess of the amount of loss
or damage incurred by the Customer.
INDEMNIFICATION: Customer shall indemnify and hold harmless Minuteman, its affiliates, and its and their their trustees, officers, professional staff, employees
and agents from and against any loss, damage, claim or liability, including reasonable attorneys' fees (collectively “Liabilities”) to the extent that such Liabilities
arise from: {i} the negligence or willful misconduct of Customer; (ii) any personal injury, death, and damage to real or personal property arising from Customer; (iii)
Customer's violation of applicable laws, rules, or regulations; and (iv) Customer's use of any product, equipment, or System. Customer’s obligations as an
indemnifying party shall include those claims arising from Customer, its affiliates, and its and their trustees, officers, professional staff, employees or agents.
WARRANTY: The Services provided under this Agreement are subject to a one (1) year warranty as follows:
© What is Covered: This warranty covers any defects in workmanship, including installation, with the exceptions stated below,
* How Long Coverage Lasts: This warranty runs for one year from the date the System was installed.
® What Is Not Covered: This warranty does not cover intentional or misuse or of any of the system components or software. The warranty does not cover
damage as a result of acts of god (weather, lighting, floods, storms, etc...) or electric surge.
® What Minuteman Will Do: As Customer's sole and exclusive remedy and Minuteman’s sole responsibility and liability, Minuteman will repair any part of
the System that is proved to be defective in workmanship. In the event repair is not possible on certain System components, Minuteman will replace said
component with similar specification and price.
© How To Get Service: Contact our service department at your nearest service center. A service representative will review your system and take any
necessary action to correct problems covered by this warranty.
* How State Law Applies: This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Customer acknowledges that the Services and/or System may contain or incorporate products or materials manufactured by a third party (“Third-Party Materials”).
Third-Party Materials provided under this Agreement and are not covered by warranties set forth herein; provided, however, Minuteman shall pass through to
Customer any warranties given by such third parties for any Third-Party Materials, to the extent permitted by such warranties. If any warranties made or given by
such third parties are not assignable, Minuteman shall use commercially reasonable efforts to enable Customer to receive the benefit from such warranties.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN: (I) NEITHER MINUTEMAN NOR ANY PERSON ON
MINUTEMAN’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR
WRITTEN, RELATED TO THE SYSTEMS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF DESIGN, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, THAT THE SYSTEM OR THE SERVICES IT FURNISHES WILL AVERT OR
PREVENT SECURITY BREACHES, OR THE CONSEQUENCES THEREFROM, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND (il} CUSTOMER ACKNOWLEDGES THAT IT
HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY MINUTEMAN, OR ANY OTHER PERSON ON MINUTEMAN’S BEHALF,
EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
SUBCONTRACTING: Minuteman may subcontract any of its obligations under this Agreement; provided, however, that Minuteman shall not be relieved of any of
its obligations under this Agreement by the appointment of such subcontractor.
ASSIGNMENT: Customer may not directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or
involuntarily, including by change of control, merger (whether or not such party is the surviving entity), operation of law, or any other manner, without the prior
written consent of Minuteman. Minuteman may freely assign or transfer any of its rights, obligations, or interests of this Agreement without prior written consent of
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