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Western States Fire Protection Co. Fire Protection Systems
<br /> Design•Fabrication•Installation 14690 NE 95th Street,Unit 101 Commercial•Industrial•Residential•institutional
<br /> Redmond, WA 98052 Special Hazards•High Tech•Defense•Hangars
<br /> (425)881-0100 (425)881-3030 FAX Retrofit•Service•Inspection•Maintenance
<br /> By accepting the attached Bid Proposal,the undersigned("Purchaser")hereby agrees to the following:
<br /> 1. Western States Fire Protection Company(the"Company"),cannot and does not insure,guarantee or warrant the operational condition of any pre-existing fire
<br /> protection system(s)and therefore is not responsible any such pre-existing fire protection systems.
<br /> 2. The Company's scope of work is agreed to be limited to that which is described on the attached Bid Proposal,signed by a duly authorized representative of the
<br /> Company.Any additional work required will be done only as a change order signed by both parties and subject to the terms herein.
<br /> 3. Testing required of any old or pre-existing fire protection system will be done as an additional charge unless otherwise specified on the attached Bid Proposal.
<br /> 4. The Purchaser hereby assumes full responsibility and liability for the condition of any and all pre-existing equipment,and for water damage and other damage
<br /> resulting directly or indirectly from such condition or the application of any test or flushing pressures applied by the Company.
<br /> 5. Any and all loss or damage caused by the Company to the workmen,work materials,tools and/or equipment of the Company or its agents or subcontractors
<br /> while in or about the premise of the Purchaser shall be bome solely and paid fully by the Purchaser.
<br /> 6. The Company warrants the equipment and material used in the performance of its obligations under this agreement shall be free from defects in workmanship
<br /> and materials for a period of Ninety(90)days from acceptance of the work.No other express warranty is given and no affirmation of the Company by words
<br /> or actions shall constitute any additional warranty. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED
<br /> WARRANTIES,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
<br /> PURPOSE.THE COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES.
<br /> 7. The Company shall maintain its work area in an orderly and clean condition and shall remove any rubbish and debris created by the Company to on-site area
<br /> designated by the Purchaser.
<br /> 8. The Bid Proposal and these General Terms and Conditions(collectively,the"Agreement"),shall constitute a personal contract between the Company and the
<br /> Purchaser and shall not be assignable by either party without the written consent of the other.
<br /> 9. The Purchaser is solely responsible and liable for providing any interim or temporary fire protection required during the shutdown of any pre-existing fire
<br /> protection system(s).
<br /> LIMITATION OF COMPANY LIABILITY.
<br /> PURCHASER ACKNOWLEDGES THAT THE COMPANY IS NOT AN INSURER AND THAT THE PAYMENTS MADE TO THE COMPANY BY
<br /> THE PURCHASER ON THE PROJECT DESCRIBED IN THE ATTACHED BID PROPOSAL ARE BASED UPON THE VALUE OF THE SYSTEM
<br /> AND/OR SERVICES PROVIDED BY THE COMPANY AND ARE WHOLLY UNRELATED TO THE VALUE OF THE PURCHASER'S PROPERTY
<br /> OR BUSINESS.IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS TO THE PURCHASER AND TO THE COMPANY RESULTING
<br /> FROM THE SERVICES TO BE PERFORMED BY THE COMPANY,THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE PURCHASER,AS
<br /> WELL AS THE PURCHASER'S ASSIGNS,AGENTS,AND REPRESENTATIVES,AGREE,TO THE FULLEST EXTENT PERMITTED BY LAW,TO
<br /> LIMIT THE LIABILITY OF THE COMPANY, ITS' OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, SUBSIDIARIES,
<br /> AFFILIATES, AGENTS,CONSULTANTS,SUBCONTRACTORS AND VENDORS TO A MAXIMUM OF TEN THOUSAND DOLLARS($10,000.00),
<br /> OR THE AMOUNT OF THE CONTRACT/PRICE OF WORK TO BE PERFORMED PURSUANT TO THE ATTACHED BID PROPOSAL,
<br /> WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL JUDGEMENTS, CLAIMS, LIABILITY,COSTS, CLAIMS,
<br /> EXPENSES, AND ALL OTHER DAMAGES OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, INCIDENTAL,
<br /> CONSEQUNTIAL, LOST PROFITS, PUNATIVE, OR OTHER DAMAGES, SUSTAINED BY PURCHASER, CONTRACTOR OR
<br /> SUBCONTRACTORS,OR ANY OTHER THIRD PARTY CLAIMING BY OR THROUGH THEM.THIS LIMITATION OF LIABILTY SHALL BE
<br /> ENFORCEABLE:(1)REGARDLESS OF THE AMOUNT OF ANY ACTUAL DAMAGES SUSTAINED,IF ANY,AS A RESULT OF THE SYSTEM OR
<br /> SERVICES OF THE COMPANY; AND (2) EVEN IF THE LOSS OR DAMAGE AT ISSUE IS CAUSED OR ALLEGED TO BE CAUSED BY THE
<br /> NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF WARRANTY, DEFECTIVE PRODUCTS, STRICT LIABILITY, PRODUCTS LIABILITY,
<br /> VIOLATIONS OF THE DECEPTIVE TRADE PRACTICES ACT, OR OTHER FAULT OF THE COMPANY, ITS' PARENT, SUBSIDIARIES,
<br /> AFFILIATES, AGENTS, CONSULTANTS, SUBCONTRACTORS, VENDORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS OR
<br /> REPRESENTATIVES. SHOULD PURCHASER DESIRE A DIFFERENT LIMITATION OF LIABILITY, SUCH MAY BE AVAILABLE AS AN
<br /> ADDITIONAL SERVICE AT AN ADDITIONAL COST,IN THE COMPANY'S SOLE DISCRETION.
<br /> IF PAYMENT FOR SYSTEM AND/OR SERVICES PROVIDED IN THIS AGREEMENT IS NOT RECEVIED BY THE COMPANY WHEN DUE,THE
<br /> PURCHASER AGREES TO PAY ALL COSTS OF COLLECTION, INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, LITIGATION
<br /> COSTS,EXPENSES AND FEES,INCLUDING SUCH AMOUNTS INCURRED ON APPEAL,AS WELL AS INTEREST ACCRUED ON THE AMOUNT
<br /> DUE,COMPUTED AT THE HIGHEST ANNUAL RATE ALLOWABLE BY APPLICABLE STATE LAW.
<br /> This Agreement shall be governed and construed according to the laws of the State of Washington,without reference to its conflicts of law provisions. All actions
<br /> to enforce this Agreement shall be brought in the Superior Court of King County,Washington. Should any provision or portion of the Agreement be held unlawful
<br /> or unenforceable,the balance shall nonetheless in all respects remain binding and effective and shall be construed to be in full force and effect to the extent lawfully
<br /> permissible.The Agreement contains all of the agreements,conditions,promises,and covenants between the parties with respect to the subject matter herein and
<br /> supersedes all prior or contemporaneous agreements,representations,or understandings with respect to the subject matter herein. The Agreement is intended to be
<br /> final and binding regardless of any claims of mistake.The parties agree that any amendment or change or modification shall be in writing and signed by all parties.
<br /> ACCEPTANCE OF PROPOSAL
<br /> THE PRICES SPECIFICATIONS AND CONDITIONS SET FORTH [N THE ATTACHED BID PROPOSAL ARE SATISFACTORY AND ARE HEREBY
<br /> ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.
<br /> By Date
<br /> Purchaser Representatives Signature Purchaser Representatives Name Printed or Typed
<br /> - OR-
<br /> By Date
<br /> General Contractor Representatives Signature General Contractor Representatives Name Printed or Typed
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