Nexus Fire & Safety Ltd. Terms & Conditions
This document is referenced in the estimate provided to you (the “Estimate”) and provides certain terms and conditions governing the relationship between the customer whose name appears on the Estimate (“Customer”, “you” and “your”) and Nexus Fire & Safety Ltd. (“Nexus Fire & Safety” “we”, “our” and “us”). Your execution of the Estimate and/or use and/or payment of services rendered by Nexus Fire & Safety Ltd. means that you accept these Terms of Service as contained herein unless modified in writing and approved by you and us. It will be your responsibility to notify us in writing if you do not agree to any of the terms and conditions stated herein and if the parties to the agreement can not resolve the objections you should cease using the services.
Payment & Estimate Terms
- Nexus Fire & Safety may request up to 50% of the total estimate amount as a down payment before commencing any work. All remaining outstanding amounts may be required to be paid as progress payments or upon completion of the project.
- Payment is due within 30 days of the invoice date and may be paid via cash, cheque, electronic transfer, or credit card (subject to a 3% convenience fee). All payments not received within 30 days are subject to a 2% monthly interest charge.
- All materials and equipment are to remain the property of Nexus Fire & Safety until paid in full. Customer agrees that customer shall pay any and all legal costs incurred to obtain payment from customer.
- Estimates in their nature are not final, and total hours worked may vary. If hours exceed +10% of quoted hours, a change order will have to be drafted with a revised estimate on time to completion. If additional materials are required, a change order is to be completed and accepted by customer. It is up to Nexus Fire & Safety’s discretion whether a progress payment/down-payment is required for the commencement of work.
- The items quoted are quoted based on availability, best fit. It is up to Nexus Fire & Safety’s discretion whether a product will be substituted with a similar product, due to availability, trade embargos, known issues with the product and more. So long as the product performs similar, the products on a quote are never final until invoiced.
- Unless otherwise noted on the estimate, the customer is responsible for any required permits or engineering required by the municipality or Authority Having Jurisdiction.
- By accepting any quote customer agrees to the Nexus Fire & Safety confidentiality policy which outlines that estimates are not to be shared with anyone but the approved decision-makers.
- Estimates are valid for 30 days. If a quote is expired, the pricing may differ and the project will have to be requoted. If a quote is accepted past the 30 day expiration, the final pricing may differ based on exchange rates and price changes
- Estimates do not include any shipping, duty or exchange rate fluctuations, as these cannot be foreseen. The customer may be responsible for additional charges above and beyond the quoted pricing, based on shipping or duty costs. If the exchange rate varies significantly, Nexus Fire & Safety will do their best to notify the customer of a price increase, prior to ordering the product.
- All amounts on change order documentation are estimated and may vary on final invoice. If +10% variance occurs, the change order shall be updated with the new amounts and signed by customer. It is at Nexus Fire & Safety’s discretion to halt work if an updated change order is not completed.
- Change-orders may cause the project completion to be pushed out due to additional product and hours required. A quoted completion date may be pushed by the completion of a change order.
- A Change-Order may change how the system works, depending on the scope of the change. If additional programming is required and is not apparent at completion of the change order, the customer will be required to pay for these costs above and beyond the change order. Another change order may be completed when this is discovered.
- Change orders shall only be completed by decision makers. If a change order is signed by a customer’s representative that is not allowed to make these decisions, the customer shall still be liable for this. At commencement of any project, the customer is to provide a contact person for change orders and on-site assistance if required. Prior to commencing the project a decision-maker needs to be designated on this form, below, and a maximum budget amount will need to be set.
Completion of Work:
- Technicians shall be given access to all work areas. If precautions, such as security guards, site training or anything else is required, these are to be provided by customer and shall be provided in a reasonable time. Otherwise additional costs may arise.
- Access may be given via key or keycard. If technicians are to be enrolled in an access control system, technicians shall not be identifiable. Should a key or access card be lost during installation, Nexus Fire & Safety may not be held liable for any re-keying costs.
- Nexus Fire & Safety can elect to do site walkthroughs at any time. It is the customers responsibility to instruct all Nexus Fire & Safety personnel to take pre-cautions if required.
- Installations are generally between 7.30 am and 5pm, unless otherwise requested. The site shall be safe and accessible between these times. If the facility is not accessible, Nexus Fire & Safety shall be given a 1 week notice period to ensure another project is available. Otherwise the customer may be liable for the cost for the technicians for the missed time.
- Installations/Upgrades may cause existing systems to fail or require some downtime to allow for the addition of new equipment. The customer assumes any liability for the outages. Nexus Fire & Safety cannot be responsible for existing equipment that has failed as a result of upgrading at the site. The customer shall advise Nexus Fire & Safety if any outage may affect their business at least two weeks prior to the planned installation/upgrade so the outages can be scheduled around business hours, etc. Rebooting older equipment may cause equipment failures due to the age of the equipment. While Nexus Fire & Safety can offer replacements, we cannot be held liable for any broken equipment.
- In the event that damage needs to be repaired, whether the damage was caused due to the negligence of Nexus Fire & Safety or not, but is related to the project, Nexus Fire & Safety shall at their own discretion be allowed to elect the contractor(s) to repair any and all damage. No work shall be completed prior to at least three estimates having been received and fully reviewed by Nexus Fire & Safety. All work must be approved by Nexus Fire & Safety prior to commencing. All damaged property is to be repaired to its original condition and not improved beyond its original condition. A representative of Nexus Fire & Safety shall be authorized to take pictures and video footage of any and all damage during scheduled site visits that shall be facilitated with 24-hour notice, which may be used in any legal proceedings should the negligence for any damage be questioned. Should the negligence be proven to be on Nexus Fire & Safety to repair any damages, Nexus Fire & Safety may elect at their own discretion to self-insure the damages or to use their insurance. Should the negligence be on the customer, customer shall pay any and all legal costs incurred to address any question of negligence. Should customer proceed with any repairs prior to any of the above conditions having been met, customer shall be liable for all costs incurred, unless explicitly agreed in writing by Nexus Fire & Safety.
- Limited Liability: Customer agrees that Nexus Fire & Safety will not be liable for any damages, injury or loss in excess of the full amount charged by its invoice herein, nor will it be liable for consequential damages of any sort
- Installations may cause dust and noise. Nexus Fire & Safety will do their best to keep this to a minimum, but noise and dust will still remain. Customer cannot hold Nexus Fire & Safety liable for any lost business, or complaints about these states, as they are typical of an installation.
- All equipment that is to be installed will have a manufacturers’ warranty. The manufacturers’ warranty shall commence from the installation date and not the invoice date. All warranty will be through the manufacturer and items may be repaired at the sole discretion of the manufacturer. If the manufacturer elects not to repair a product, Nexus Fire & Safety cannot be held liable.
- Customer shall designate an on-site or readily available individual for project decisions, change-orders and customer shall designate a person for system commissioning. This individual shall be available within 2 weeks of installation completion for system commissioning unless otherwise discussed.
- It is the customers’ responsibility to keep the area for installation free and safe. If an unauthorized person on the work-site is injured, it is the customers’ responsibility and Nexus Fire & Safety shall not be held liable.
- If physical force or verbal abuse is encountered during a project, Nexus Fire & Safety may at their own discretion abandon the project and demand full payment for completed work. This should be after all reasonable steps are taken to resolve the issue.
- If a wireless product is to be used, it is a basic understand that a wireless signal is never perfect. These signals may be interrupted, intercepted or lost due to environmental factors. Nexus Fire & Safety will do their best to foresee any issues with Wireless installations, though the onus is ultimately on the customer to ensure a clear line of sight for the wireless product to the receiver. If excessive interference is detected, a product change may be required, which Nexus Fire & Safety can provide, though there may be additional costs.
- Some equipment including but not limited to electromagnetic locks may not be approved by the authority having jurisdiction and/or local or federal laws. Nexus Fire & Safety may refuse to install any equipment that does not comply with regulations and standards.
- Should Nexus Fire & Safety discover deficiencies during any walkthroughs, repairs, inspections or other events, the customer shall be notified, and a deficiency quote will be provided to the customer. The onus is on the customer to rectify the issue and Nexus Fire & Safety shall not be held liable for any unrepaired deficiencies. ,
- If any provision of this agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this agreement and the remaining provisions will continue in full force and effect, without amendment