These Technical Safety Services, LLC (“TSS”) Terms and Conditions of Service apply to the provision of services (the “Services”) by TSS or one of its affiliates, subsidiaries, or divisions to the buyer-party purchasing the Services or that party’s subsidiaries and affiliates (collectively, “Client”).
Service Delivered & Price. The Services to be delivered and the prices for the Services will be as set forth in the applicable quote or service order. TSS requires a valid purchase order or other payment method prior to scheduling any Services or site visits.
Special Requirements. Any special documentation requirements, including, but not limited to, protocol execution, will be performed by the Client unless specifically pre-negotiated with TSS prior to arriving on site. If dynamic testing is included with the scope of a Purchase Order, the Client is responsible for providing personnel to perform operational simulation.
Site-Specific Requirements. Client is responsible for providing any site-specific requirements, criteria, and any required site training for TSS. TSS may request mechanical drawings and floor plans of the areas where Services will be performed, as well as previous reports, and require support from Client facility personnel for operation of systems such as fire suppression systems, HVAC controls, or building management systems.
Out-of-Hours Work and Additional Services. If Client requests that TSS perform Services beyond the confirmed scope, the billing rate will be based on TSS’s current per-unit line-item pricing or standard hourly labor rate. If TSS performs work at Client’s request during non-business hours, on an emergency basis, on a weekend, or in hazardous conditions, the billing shall reflect up to 2 times the standard hourly labor rate.
Client Related Delays and Cancellations. All stand-by time due to Client-related delays will be billed per technician, in hourly increments, at TSS’s current standard or out-of-hours hourly labor rate. TSS may charge a cancellation fee of 25% of the total cost of any Service set forth in a confirmed order if such is cancelled by Client less than 48 hours from the scheduled start date of the Service.
Payment. Unless otherwise set forth in a writing signed by TSS, payment terms for the Services are Net 30 Days from the date TSS provides the Services. If Services under a Purchase Order are performed on multiple occasions, Client shall pay on Net 30 Days payment terms from the date Services are provided for the portion of such Services that have been provided. If payment is not made as provided for in this Agreement, TSS may, at its option and without notice suspend performance of its obligations under this Agreement. All amounts due to TSS but not paid by Client on the due date will bear interest on the unpaid balance of amounts due at a rate that is equal to one percent (1.0%) per month until paid, with a minimum late payment charge of $250.00 per month. Client shall be responsible for and shall pay to TSS any and all legal fees and costs incurred by TSS to collect any overdue balances.
Limited Warranty and Liability, Disclaimer. TSS warrants to Client that it shall perform the Services using personnel of industry standard skill, experience, and qualifications, and in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. TSS is not responsible for the performance of the units tested in the provision of Services by TSS, and the total liability of TSS for any issues related to the performance or non-performance of Service, shall not exceed: (i) from TSS, the total quoted amount for the service; or (ii) from an insurance carrier, the amount of recoverable insurance. To the maximum extent permitted by applicable law, this is the sole and exclusive warranty for the Services. In no event shall TSS be liable to Client or any other third party for any special, indirect, incidental, exemplary, punitive or consequential damages arising out of this agreement or otherwise related to the delivery of the Services, including without limitation, personal injury or property damage, attorney’s fees or any other related costs or expenses, any direct or indirect loss of profits, revenue, or business opportunity, downtime, delay damages or any other economic loss.
***End of Technical Safety Services, LLC Terms and Conditions of Service***
