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Terms of Service

Last Updated: March 23, 2026

1. Introduction and Acceptance of Terms

These Terms and Conditions of Service (\"Agreement\" or \"Terms\") govern your access to and use of the fire and life safety services provided by Out West Fire Specialist, an Arizona limited liability company / corporation (\"Company,\" \"we,\" \"us,\" or \"our\"), including all inspections, testing, installation, maintenance, repair, and related services for fire alarm systems, fire sprinkler systems, backflow prevention devices, fire extinguishers, emergency lighting systems, and any other fire protection and life safety equipment (collectively, the \"Services\").

By engaging Company to perform any Services, signing a service agreement, work order, proposal, or invoice referencing these Terms, or permitting Company to commence work on your premises, you (\"Customer,\" \"you,\" or \"your\") agree to be legally bound by these Terms. If Customer does not agree to these Terms, Customer must immediately notify Company in writing and cease all engagement of Services.

These Terms apply to all residential and commercial customers and supersede any conflicting terms contained in Customer's purchase orders, vendor agreements, or other documents, unless expressly agreed to in writing by an authorized officer of Company.

2. Scope of Services and Definitions

2.1 Services Provided. Company provides fire and life safety services in Arizona, including but not limited to:

Fire alarm system installation, inspection, testing, maintenance, and repair;
Fire sprinkler system installation, inspection, testing, maintenance, and repair;
Backflow prevention device installation, inspection, testing, certification, and repair (including domestic, irrigation, and fire service backflow preventers
Fire extinguisher sales, service, inspection, recharging, and hydrostatic testing.
Emergency and exit lighting inspection, testing, maintenance, and repair;
Related code compliance consulting and deficiency reporting.

2.2 Key Definitions. For purposes of these Terms:

\"Equipment\" means any fire alarm system, fire sprinkler system, backflow preventer, fire extinguisher, emergency light, exit sign, or other fire protection and life safety device owned by Customer or installed by Company that Company has been specifically contracted to inspect, test, install, maintain, repair, or service under a work order, service agreement, or other written authorization. Equipment does not include any system, device, or component that Company has not been engaged to service, regardless of whether such system is located on Customer's premises or is owned by Customer.
\"Inspection\" means any examination, testing, or assessment of Equipment conducted by Company to determine its operational status and compliance with applicable codes at the time of inspection.
\"Deficiency\" means any condition, malfunction, code violation, or impairment identified during an Inspection or service visit and documented by Company in writing.
\"Service Report\" means the written documentation provided by Company following completion of Services, including findings, test results, deficiencies noted, and any recommendations.
\"Applicable Codes\" means the National Fire Protection Association (NFPA) codes, International Fire Code (IFC), Arizona state fire codes, local fire marshal requirements, and any other applicable federal, state, or local laws, regulations, or standards governing fire protection systems.

3. Inspection and Verification Limitations; Time-Of-Service Warranty

3.1 Verification at Time of Service Only. Customer acknowledges and agrees that when Company performs an Inspection, test, maintenance, or repair of any Equipment, Company is verifying and certifying the condition and operational status of such Equipment only as of the specific date and time the Services are performed and based on the inspection and testing procedures set forth in the applicable National Fire Protection Association (NFPA) standards, International Fire Code (IFC), and other Applicable Codes. Company's verification does not constitute a guarantee, warranty, or assurance that the Equipment will remain operational, code-compliant, or free from defects at any time after the completion of Services. Company's inspection and testing procedures are limited to those required or recommended by the Applicable Codes, and Customer acknowledges that Company is not required to perform any inspection or testing beyond the scope of such standards.

3.2 No Continuing Warranty. Unless otherwise expressly stated in a separate written warranty agreement signed by an authorized officer of Company, Company makes no representation or warranty regarding the future performance, functionality, or condition of any Equipment following the completion of Services. Fire protection systems and equipment are subject to environmental factors, tampering, wear and tear, power fluctuations, building modifications, and other conditions beyond Company's control that may affect performance after the date of service.

3.3 Deficiency Disclosure. If, during the course of providing Services, Company identifies any Deficiencies in the Equipment or installation, Company will document such Deficiencies in the Service Report provided to Customer. Company's responsibility is limited to reporting Deficiencies discovered during the scope of the Services performed. Company does not warrant that all potential defects, code violations, or latent conditions have been identified, as certain defects may not be discoverable through standard inspection and testing procedures.

3.3.1 Inspection Limitations. Unless otherwise expressly agreed in writing, all visual inspections are conducted from floor level or other readily accessible locations. Company is not required to access concealed spaces, areas above ceilings, underground piping, or other locations that are not readily accessible without the use of ladders, lifts, scaffolding, or removal of building components. Customer acknowledges that conditions in concealed or inaccessible areas may exist that are not discoverable through standard floor-level inspection procedures. If Customer requests inspection of concealed or elevated areas, such services may be provided at additional cost and must be specifically authorized in writing.

3.4 Customer Acknowledgment. By accepting Services, Customer acknowledges and agrees that:

Company's certification or \"pass\" designation on any Inspection indicates only that the Equipment met applicable testing criteria at the time of the Inspection;
Equipment may develop defects, malfunctions, or code violations after the date of service due to causes unrelated to Company's workmanship;
Customer is solely responsible for ongoing monitoring, maintenance, and testing of Equipment between scheduled service visits;
Customer is solely responsible for promptly notifying Company if Equipment is damaged, modified, impaired, or taken out of service after Company's Inspection; and
Company has no obligation to monitor, supervise, or re-inspect Equipment after the completion of Services unless separately contracted to do so.

4. Customer Obligations and Responsibilities

4.1 Access and Cooperation. Customer agrees to provide Company with reasonable access to all Equipment, premises, utility connections, control panels, and other areas necessary to perform the Services. Customer shall ensure that a responsible representative is present or available during scheduled service visits. Customer shall provide Company with accurate information regarding the Equipment, including location, age, service history, known defects, and any modifications.

4.2 Maintenance of Equipment. Customer is solely responsible for the ongoing care, maintenance, and protection of all Equipment between service visits. Customer agrees to:

Maintain Equipment in a clean, accessible, and unobstructed condition;
Refrain from tampering with, modifying, or impairing Equipment or its components;
Promptly report any Equipment damage, malfunction, alarm activation, or impairment to Company;
Maintain all required clearances around fire protection equipment as required by Applicable Codes;
Ensure that Equipment is not blocked, painted over, concealed, or rendered inaccessible; and
Notify Company immediately if any third party performs work on or affecting the Equipment.

4.3 Compliance with Laws. Customer is solely responsible for ensuring that its premises and Equipment comply with all Applicable Codes, including obtaining any required permits, maintaining required documentation, and scheduling inspections with the Authority Having Jurisdiction (\"AHJ\"). Company may assist Customer in coordinating with the AHJ, but Company does not guarantee approval or acceptance by any governmental authority.

4.4 Notification of Changes. Customer shall promptly notify Company in writing of any material changes to the premises that may affect the Equipment, including but not limited to: renovations, construction, change of occupancy, change of use, installation of additional equipment, or modifications to sprinkler coverage areas.

5. Company Not an Insurer; No Guarantee Against Los

5.1 Company Is Not an Insurer. Customer acknowledges and agrees that Company is not an insurer, and that no insurance coverage of any kind is provided under this Agreement. The fees charged by Company for Services are based solely on the value of the Services rendered and are not related to the value of Customer's property, the potential risk of loss, or any insurance premium calculation.

5.2 No Guarantee Against Fire or Loss. Customer acknowledges and understands that fire protection systems and equipment, even when properly installed, inspected, maintained, and operational, cannot guarantee the prevention of fire, property damage, personal injury, or death. The purpose of fire protection systems is to detect, suppress, or control fire conditions and to provide notification to occupants and emergency responders; however, such systems may fail to operate as intended due to factors including but not limited to:

Design limitations inherent in the system;
Fire or emergency conditions that exceed system capacity;
Tampering, vandalism, or intentional impairment;
Power failure, electrical surge, or utility interruption;
Inadequate water supply or pressure;
Building modifications that render the system inadequate;
Failure of components manufactured by third parties;
Conditions not detectable through standard inspection and testing procedures; or
Acts of God, natural disasters, or other events beyond Company's control.

5.3 Customer's Obligation to Obtain Insurance. Customer acknowledges that it is Customer's sole responsibility to obtain and maintain adequate insurance coverage for Customer's property, business operations, and potential liabilities, including but not limited to: property insurance, general liability insurance, business interruption insurance, and any other coverage appropriate for Customer's circumstances. Company strongly recommends that Customer consult with a licensed insurance professional to ensure adequate coverage.

6. Limitation of Liability

6.1 Exclusion of Consequential and Incidental Damages. TO THE MAXIMUM EXTENT PERMITTED BY ARIZONA LAW, IN NO EVENT SHALL COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, income, or business opportunities;
Business interruption or loss of use.
Loss of data, records, or documentation;
Loss of goodwill or reputation;
Property damage not directly caused by Company's gross negligence;
Personal injury, bodily harm, sickness, or death;
Damage caused by fire, smoke, water, or other casualty;
Costs of substitute services or temporary protection measures;
Claims by third parties, including tenants, invitees, customers, or employees of Customer;
Increased insurance premiums or loss of insurance coverage;
Fines, penalties, or citations imposed by any governmental authority; or
Any other losses or damages arising out of or related to the Services, this Agreement, or the Equipment,

regardless of whether such damages are based on contract, tort (including negligence), strict liability, warranty, or any other legal theory, and regardless of whether Company has been advised of the possibility of such damages.

6.2 Aggregate Liability Cap. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY ARIZONA LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE EQUIPMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

The total fees actually paid by Customer to Company for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event or occurrence giving rise to such claim; or
One Thousand U.S. Dollars (USD $1,000).

Customer and Company may negotiate a higher liability cap in a separate written agreement signed by an authorized officer of Company, which may be subject to an additional charge reflecting the increased risk assumed by Company.

6.3 Essential Basis of the Bargain. Customer expressly acknowledges and agrees that the limitations of liability set forth in this Section 6 are a fundamental and essential element of the bargain between Customer and Company. The fees charged by Company for Services have been calculated in reliance upon these limitations, and Company would not provide Services at the stated prices without such limitations. These limitations shall apply even if any limited remedy provided herein fails of its essential purpose.

6.4 Applicability Regardless of Fault. The limitations and exclusions of liability set forth herein shall apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, and shall apply even if Company is found to have been negligent, to have breached this Agreement, or to have failed to perform Services in a workmanlike manner, except to the extent such limitation is prohibited by Arizona law with respect to gross negligence or willful misconduct.

6.5 Time Limitation on Claims. Any claim, dispute, or cause of action arising out of or relating to this Agreement, the Services, or the Equipment must be commenced within one (1) year after the date of the Services giving rise to such claim, or Customer's claim shall be forever barred. Customer expressly waives any statute of limitations to the contrary to the maximum extent permitted by law.

7. Disclaimer of Warranties

7.1 Services Provided \"As Is.\" TO THE MAXIMUM EXTENT PERMITTED BY ARIZONA LAW, COMPANY PROVIDES ALL SERVICES ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

Any implied warranty of merchantability;
Any implied warranty of fitness for a particular purpose;
Any warranty of workmanlike performance beyond the date of service;
Any warranty of title or non-infringement;
Any warranty arising from course of dealing, course of performance, or usage of trade; and
Any warranty that Services will meet Customer's requirements or expectations.

7.1.1 Manufacturer Warranties. Company does not provide any warranty on parts, materials, or equipment beyond the original manufacturer's warranty, if any. Any warranty claims related to defective parts, materials, or equipment must be made directly to the original manufacturer in accordance with the manufacturer's warranty terms and procedures. Company may, at its sole discretion, assist Customer in processing warranty claims with manufacturers, but Company assumes no responsibility for the outcome of any such claim. Company's sole obligation with respect to defective parts covered by a manufacturer's warranty is to remove and replace the defective part at Customer's request, subject to Company's standard labor charges unless the manufacturer's warranty expressly covers labor costs

7.2 No Warranty of System Performance. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY EQUIPMENT INSPECTED, TESTED, MAINTAINED, REPAIRED, OR INSTALLED BY COMPANY WILL:

Detect, suppress, or control any fire or emergency condition;
Operate without interruption, error, or failure;
Remain compliant with Applicable Codes following the date of service;
Prevent property damage, personal injury, or death;
Satisfy the requirements of any insurance policy or governmental authority;
Function properly in the event of power failure, water supply interruption, or other utility disruption; or
Be free from defects in materials or workmanship supplied by third-party manufacturers.

7.3 Third-Party Equipment and Components. Customer acknowledges that fire protection systems and equipment contain components manufactured, supplied, or distributed by third parties, including control panels, detection devices, sprinkler heads, valves, piping, extinguishing agents, and related parts. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THIRD-PARTY COMPONENTS and makes no representation regarding their quality, durability, reliability, or fitness for any purpose. Any warranties applicable to third-party components are provided solely by the original manufacturer, and Customer's sole remedy for defective third-party components shall be against such manufacturer.

7.4 Limitations on Inspection Scope. Customer acknowledges that standard inspection and testing procedures have inherent limitations and may not detect all defects, latent conditions, or potential failures. Certain conditions, including but not limited to concealed piping, internal component wear, corrosion, microbiologically influenced corrosion (MIC), and obstructions, may not be discoverable without invasive testing procedures beyond the scope of routine inspections. Company does not warrant that all defects have been identified during any Inspection.

7.5 Statutory Rights. Some jurisdictions do not permit the exclusion or limitation of certain warranties. To the extent that Arizona law requires certain warranties that cannot be disclaimed, Company's liability under such warranties shall be limited to the re-performance of the defective Services or, at Company's sole option, a refund of the fees paid for the specific Services found to be defective, subject to the aggregate liability cap set forth in Section 6.2.

8. Release and Waiver

8.1 General Release. TO THE MAXIMUM EXTENT PERMITTED BY ARIZONA LAW, CUSTOMER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO:

The performance or non-performance of the Services.
The condition, operation, failure, or malfunction of any Equipment;
Any fire, casualty, property damage, personal injury, or death occurring on Customer's premises;
Any claim that Company failed to detect, report, or repair any Deficiency;
Any claim that Equipment failed to perform as expected during a fire or emergency; or
Any other matter arising out of or related to this Agreement,

except to the extent such release is prohibited by Arizona law with respect to Company's gross negligence or willful misconduct.

8.2 Waiver of Unknown Claims. Customer expressly waives and relinquishes any and all rights and benefits under any law or legal principle that would otherwise limit the release set forth above to claims actually known or suspected to exist at the time of execution. Customer understands that this release includes claims that Customer does not currently know or suspect to exist and that such unknown claims are hereby released.

8.3 Waiver of Subrogation. Customer hereby waives, and shall cause its insurers to waive, any and all rights of subrogation against Company, its owners, officers, directors, employees, agents, subcontractors, successors, and assigns for any loss, damage, or claim covered or coverable by Customer's insurance policies, including but not limited to property insurance, general liability insurance, and business interruption insurance. Customer agrees to notify its insurers of this waiver and to obtain endorsements to Customer's insurance policies reflecting this waiver of subrogation. Customer agrees to indemnify Company for any claims asserted by Customer's insurers in violation of this waiver.

9. Indemnification

9.1 Customer's Indemnification Obligation. To the maximum extent permitted by Arizona law, Customer agrees to defend, indemnify, and hold harmless Company, its owners, officers, directors, employees, agents, subcontractors, successors, and assigns (collectively, the \"Indemnified Parties\") from and against any and all claims, demands, actions, causes of action, judgments, awards, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and costs of litigation) arising out of or in any way related to: (i) Customer's breach of this Agreement or any representation, warranty, or obligation herein; (ii) Customer's failure to maintain, monitor, or protect Equipment between service visits; (iii) Customer's failure to disclose known defects, modifications, or conditions affecting Equipment; (iv) Customer's failure to obtain or maintain adequate insurance coverage; (v) any claim by a third party (including tenants, employees, invitees, or governmental authorities) arising from conditions on Customer's premises or the condition of Equipment; (vi) any modification, alteration, or impairment of Equipment by Customer or third parties after Company's Services; (vii) any claim arising from Customer's failure to address Deficiencies identified by Company; (viii) personal injury, death, or property damage occurring on Customer's premises, except to the extent directly and solely caused by Company's gross negligence; or (ix) any claim that the Services or Equipment infringe the intellectual property rights of any third party.

9.2 Indemnification Procedures. Company shall promptly notify Customer of any claim for which indemnification is sought. Customer shall assume the defense of such claim at Customer's sole expense using counsel reasonably acceptable to Company. Company may participate in the defense at its own expense. Customer shall not settle any claim without Company's prior written consent if such settlement would impose any obligation on Company or admit any fault or liability on Company's part.

9.3 Survival. The indemnification obligations set forth in this Section 9 shall survive the termination or expiration of this Agreement and shall apply regardless of any negligence or alleged negligence on the part of Company.

10. Insurance Requirements

10.1 Customer's Insurance Obligations. Customer acknowledges and agrees that during the term of any service relationship with Company, Customer shall obtain and maintain, at Customer's sole expense, the following minimum insurance coverage:

Commercial General Liability Insurance: Coverage of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, covering bodily injury, property damage, personal injury, and advertising injury arising from Customer's premises, operations, and products/completed operations;
Property Insurance: Coverage for Customer's real and personal property, including all fire protection Equipment, in an amount sufficient to cover the full replacement cost of such property;
Workers' Compensation Insurance: As required by Arizona law, covering all of Customer's employees; and
Such other insurance as may be required by Customer's lease, mortgage, governmental authority, or Applicable Codes.

10.2 Additional Insured Endorsement. Upon Company's written request, Customer shall name Company as an additional insured on Customer's commercial general liability policy by endorsement. Such endorsement shall provide that Company is an additional insured with respect to liability arising out of Customer's premises and the Services performed by Company.

10.3 Waiver of Subrogation Endorsement. Customer shall cause its property and liability insurance policies to include a waiver of subrogation in favor of Company, consistent with Section 8.3 above.

10.4 Certificate of Insurance. Upon Company's request, Customer shall provide Company with a certificate of insurance evidencing the coverages required herein. Customer shall provide Company with at least thirty (30) days' prior written notice of any cancellation, non-renewal, or material change to any required insurance coverage.

10.5 Recovery Limited to Insurance. Customer agrees that recovery for any loss, damage, or claim arising out of or related to the Services or Equipment shall be limited to Customer's insurance coverage only, and Customer shall look exclusively to its insurers for any such recovery. Customer agrees not to pursue any claim against Company to the extent such claim is covered or coverable by Customer's insurance.

11. Payment Terms and Fees

11.1 Service Fees. Customer agrees to pay Company the fees set forth in the applicable proposal, work order, service agreement, or invoice for all Services performed. Fees are based on the scope of Services described therein and do not include charges for additional work, materials, permits, or services not expressly included.

11.2 Additional Charges. In addition to the quoted service fees, Customer shall be responsible for the following charges, as applicable:

Materials and Parts: All parts, materials, equipment, and supplies required to complete the Services, unless expressly included in the quoted price;
Permits and Fees: All permit fees, inspection fees, filing fees, and governmental charges required in connection with the Services;
Emergency and After-Hours Service: A premium rate for Services requested outside of Company's standard business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding Arizona state holidays), as quoted at the time of scheduling;
Travel Charges: Mileage or travel fees for Services performed at locations outside Company's standard service area, as quoted at the time of scheduling;
Re-Inspection Fees: Additional fees for re-inspection of Equipment following Customer's correction of Deficiencies identified in a prior Service Report;
Standby Time: Charges for time during which Company's technicians are unable to perform Services due to conditions caused by Customer, including lack of access, site not ready, or delays caused by Customer's contractors; and
Hazardous Conditions: Additional charges for Services performed in hazardous environments, confined spaces, or conditions requiring specialized personal protective equipment.

11.3 Estimates and Quotations. Any estimate or quotation provided by Company is valid for thirty (30) days from the date issued, unless otherwise stated. Estimates are based on information provided by Customer and visual observation of conditions at the time of assessment. Actual charges may vary if conditions differ from those observed or described, if additional work is required, or if unforeseen circumstances arise during the performance of Services. Company will notify Customer of any material changes to the estimated cost before proceeding with additional work, except in emergency situations where delay would result in imminent harm to persons or property.

11.4 Payment Terms. Unless otherwise agreed in writing:

Commercial Customers: Payment is due within thirty (30) days of the invoice date (Net 30);
Residential Customers: Payment is due upon completion of Services;
New Customers: Company may require payment in advance or a deposit prior to scheduling Services for customers without an established payment history;
Large Projects: For installation projects or Services exceeding Five Thousand Dollars ($5,000), Company may require a deposit of up to fifty percent (50%) prior to commencement, with the balance due upon completion.

11.5 Accepted Payment Methods. Company accepts payment by check, ACH transfer, credit card (Visa, MasterCard, American Express, Discover), or other methods as Company may designate. Payments by credit card may be subject to a processing fee, which will be disclosed at the time of payment.

11.6 Late Payment and Interest. If Customer fails to make any payment when due, Company may charge interest on the unpaid balance at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by Arizona law, whichever is less, from the due date until paid in full. Customer shall also be responsible for all costs of collection, including reasonable attorneys' fees, court costs, and collection agency fees.

11.7 Disputed Invoices. If Customer disputes any portion of an invoice, Customer must notify Company in writing within fifteen (15) days of the invoice date, specifying the nature of the dispute in reasonable detail. Customer shall pay all undisputed amounts by the due date. Failure to provide timely written notice of a dispute shall constitute Customer's acceptance of the invoice.

11.8 Right to Suspend Services. Company may suspend performance of Services, withhold Service Reports or certifications, or decline to schedule future Services if Customer has any outstanding balance more than thirty (30) days past due. Suspension of Services shall not relieve Customer of its obligation to pay all amounts owed.

11.9 Taxes. All fees are exclusive of applicable sales tax, use tax, or other governmental taxes or assessments. Customer is responsible for all such taxes, unless Customer provides Company with a valid exemption certificate.

12. Scheduling, Access, and Cancellation

12.1 Scheduling. Services will be scheduled at mutually agreeable times. Company will use reasonable efforts to accommodate Customer's scheduling preferences but does not guarantee specific appointment times. Scheduled service windows are estimates only, and actual arrival times may vary due to traffic, prior service calls, or other factors beyond Company's control.

12.2 Customer's Obligation to Provide Access. Customer shall ensure that Company's technicians have safe, clear, and unobstructed access to all Equipment and areas necessary to perform the Services at the scheduled time. Customer shall:

Ensure that a responsible adult (eighteen years of age or older) is present at the premises during the service visit, or provide Company with authorized means of entry;
Remove or relocate any obstructions, furniture, vehicles, stored materials, or personal property blocking access to Equipment;
Provide keys, access codes, or credentials necessary to access locked areas, control panels, fire alarm systems, fire sprinkler system risers, valves, and components, backflow prevention devices, or mechanical rooms;
Secure or restrain any animals that may interfere with the performance of Services or pose a risk to Company's technicians;
Ensure that the premises are in a safe condition, free from hazards, and suitable for the performance of Services; and
Notify Company in advance of any site-specific safety requirements, hazardous materials, or access restrictions.

12.3 Site Not Ready. If Company's technicians arrive at the scheduled time and are unable to perform Services due to Customer's failure to provide access, site conditions, or other circumstances within Customer's control, Company may charge Customer a trip charge and/or standby time charges at Company's standard rates. Company may reschedule the Services at the next available appointment time.

12.4 Customer Cancellation. Customer may cancel or reschedule a scheduled service appointment without charge by providing Company with at least forty-eight (48) hours' prior notice (or twenty-four (24) hours for residential customers). If Customer cancels or reschedules with less than the required notice, Company may charge a cancellation fee equal to the greater of: (i) Seventy-five Dollars ($75); or (ii) Twenty-five percent (25%) of the quoted service fee.

12.5 Company Cancellation. Company reserves the right to cancel or reschedule Services due to inclement weather, unsafe site conditions, technician illness or emergency, or other circumstances beyond Company's reasonable control. Company will use reasonable efforts to provide advance notice and reschedule at the earliest available time.

12.6 Emergency Services. Company may offer emergency or after-hours Services at its sole discretion, subject to technician availability. Emergency Services are subject to premium rates, which will be quoted at the time of the service request.

13. Term and Termination

13.1 Term. These Terms shall become effective upon Customer's first engagement of Services and shall remain in effect for all subsequent Services unless terminated as provided herein. If Customer and Company enter into a separate service agreement or maintenance contract, the term of such agreement shall govern the duration of the service relationship, subject to these Terms.

13.2 Termination by Customer. Customer may terminate its service relationship with Company at any time by providing written notice to Company. Termination shall not relieve Customer of its obligation to pay for all Services performed prior to the effective date of termination, including any work in progress.

13.3 Termination by Company. Company may terminate its service relationship with Customer, or refuse to perform further Services, at any time and for any reason, including but not limited to:

Customer's failure to pay any amounts when due;
Customer's breach of any provision of these Terms;
Customer's failure to maintain Equipment in a serviceable condition;
Unsafe conditions on Customer's premises that pose a risk to Company's technicians;
Customer's verbal abuse, harassment, or threatening conduct toward Company's personnel;
Customer's request that Company perform Services in violation of Applicable Codes, manufacturer specifications, or industry standards; or
Any other reason in Company's sole discretion.

13.4 Effect of Termination. Upon termination:

All outstanding invoices shall become immediately due and payable;
Company shall have no further obligation to perform Services, issue certifications, or provide Service Reports for work not yet completed;
Customer shall remain bound by the limitations of liability, indemnification, release, and other protective provisions of these Terms with respect to all Services performed prior to termination; and
Sections 5 through 10, 11.6, 14, 15, and 16 shall survive termination and remain in full force and effect.

13.5 No Liability for Termination. Company shall not be liable to Customer for any damages, losses, or expenses arising from Company's termination of the service relationship, including but not limited to costs of obtaining substitute services, re-inspection fees, or delays in obtaining certifications from another provider.

14. Dispute Resolution and Governing Law

14.1 Governing Law. This Agreement and all matters arising out of or relating to this Agreement, the Services, or the Equipment shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

14.2 Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through informal negotiation. The aggrieved party shall provide written notice to the other party describing the nature of the dispute and the relief sought. The parties shall have thirty (30) days from the date of such notice to attempt to resolve the dispute informally.

14.3 Mandatory Binding Arbitration. IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN THE TIME PERIOD SET FORTH ABOVE, SUCH DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT. BY AGREEING TO THESE TERMS, CUSTOMER WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND WAIVES THE RIGHT TO A TRIAL BY JURY.

The arbitration shall be administered by the American Arbitration Association (\"AAA\") in accordance with its Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing, except as modified herein. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA's rules. The arbitrator shall be a licensed attorney with experience in commercial or construction disputes.

14.4 Location of Arbitration. The arbitration shall take place in Maricopa County, Arizona, unless the parties mutually agree to a different location. The arbitration may be conducted in person, by telephone, by videoconference, or through the submission of documents, at the arbitrator's discretion.

14.5 Arbitration Fees and Costs. Each party shall pay its own attorneys' fees and costs in connection with the arbitration, except as otherwise provided herein or as awarded by the arbitrator. The parties shall share equally the arbitrator's fees and AAA administrative fees, except that if Customer is an individual consumer and the arbitrator determines that such fees would be prohibitively expensive for Customer, Company will pay a greater share as determined by the arbitrator.

14.6 Arbitrator's Authority. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, subject to the limitations of liability set forth in this Agreement. The arbitrator shall apply Arizona law and shall be bound by the terms of this Agreement. The arbitrator shall issue a written decision explaining the basis for the award. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.7 Class Action Waiver. THE PARTIES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consolidate claims or arbitrate any dispute on a class-wide or representative basis. If any court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement shall be void, and the dispute shall proceed in court subject to the remaining provisions of this Section 14.

14.8 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Maricopa County, Arizona, if the claim falls within that court's jurisdictional limits.

14.9 Injunctive Relief. Notwithstanding the arbitration provisions above, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration, without waiving its right to arbitration. Any request for permanent injunctive relief shall be determined in arbitration.

14.10 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY ARIZONA LAW, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE EQUIPMENT.

14.11 Limitation Period. Any claim or cause of action arising out of or relating to this Agreement, the Services, or the Equipment must be commenced within one (1) year after the date of the Services giving rise to such claim, regardless of when the alleged injury or damage was discovered. Any claim not brought within this period shall be forever barred.

15. General Provisions

15.1 Entire Agreement. This Agreement, together with any proposals, work orders, service agreements, or invoices referencing these Terms, constitutes the entire agreement between Customer and Company with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, representations, understandings, and agreements, whether written or oral. No terms or conditions contained in any Customer purchase order, vendor registration form, or other Customer document shall be binding on Company unless expressly accepted in writing by an authorized officer of Company.

15.2 Amendments. Company reserves the right to modify or amend these Terms at any time by posting updated Terms on Company's website or providing written notice to Customer. Updated Terms shall apply to all Services performed after the effective date of the update. Customer's continued engagement of Services after receiving notice of updated Terms shall constitute Customer's acceptance of such updated Terms. For ongoing service contracts, material changes to these Terms shall not apply to Services already under contract without Customer's consent, except as required by law.

15.3 Severability. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect. The invalidity of any provision in a particular jurisdiction shall not affect the validity of such provision in any other jurisdiction.

15.4 Waiver. No failure or delay by Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver shall be effective unless made in writing and signed by an authorized representative of Company.

15.5 Assignment. Customer shall not assign, transfer, or delegate any of its rights or obligations under this Agreement without Company's prior written consent. Any attempted assignment in violation of this provision shall be void. Company may assign or transfer this Agreement, in whole or in part, without Customer's consent, including to any affiliate, successor, or acquirer of Company's business or assets.

15.6 Independent Contractor. Company is an independent contractor and nothing in this Agreement shall be construed to create an employment, agency, partnership, joint venture, or franchise relationship between Company and Customer. Company's employees and subcontractors are not employees or agents of Customer.

15.7 Subcontractors. Company may engage subcontractors to perform any portion of the Services. Company shall remain responsible for the performance of its subcontractors, subject to the limitations of liability set forth herein. All limitations of liability, indemnification provisions, releases, and waivers set forth in this Agreement shall extend to and protect Company's subcontractors as third-party beneficiaries.

15.8 Force Majeure. Company shall not be liable for any delay or failure to perform Services due to causes beyond Company's reasonable control, including but not limited to: acts of God; natural disasters; fire; flood; earthquake; epidemic or pandemic; war; terrorism; civil unrest; labor disputes or strikes; governmental actions, orders, or restrictions; supply chain disruptions; material shortages; utility failures; or internet or telecommunications outages. In the event of a force majeure occurrence, Company's time for performance shall be extended by a period equal to the duration of the delay.

15.9 Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; (c) one (1) business day after deposit with a nationally recognized overnight courier; or (d) three (3) business days after deposit in the U.S. mail, postage prepaid, certified or registered, return receipt requested. Notices to Company shall be sent to the address set forth on Company's invoices or as otherwise designated by Company in writing. Notices to Customer shall be sent to the address or email provided by Customer in connection with the Services.

15.10 Electronic Communications and Signatures. Customer consents to receive all communications, notices, agreements, disclosures, and other documents from Company electronically, including by email, text message, or posting to Company's customer portal. Electronic communications shall satisfy any legal requirement that such communications be in writing. Customer agrees that electronic signatures, including \"click-to-accept\" acknowledgments, shall have the same legal effect as handwritten signatures.

15.11 Headings. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

15.12 No Third-Party Beneficiaries. Except as expressly provided herein with respect to Company's subcontractors, this Agreement is for the sole benefit of the parties hereto and shall not confer any rights or remedies upon any third party, including but not limited to Customer's tenants, employees, invitees, insurers, or lenders.

15.13 Interpretation. This Agreement shall be interpreted fairly and in accordance with its terms, without any presumption or rule requiring construction against the drafting party. The words \"include,\" \"includes,\" and \"including\" shall be deemed to be followed by the phrase \"without limitation.\"

15.14 Cumulative Remedies. The rights and remedies of Company under this Agreement are cumulative and in addition to any other rights and remedies available at law or in equity.

15.15 Counterparts. Any service agreement, proposal, or work order referencing these Terms may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

16. Customer Acknowledgment

BY ENGAGING COMPANY TO PERFORM SERVICES, SIGNING A SERVICE AGREEMENT OR WORK ORDER REFERENCING THESE TERMS, PAYING FOR SERVICES, OR PERMITTING COMPANY TO COMMENCE WORK, CUSTOMER ACKNOWLEDGES THAT:

Customer has read and understands these Terms and Conditions of Service;
Customer agrees to be legally bound by all provisions of these Terms;
Customer understands that Company is not an insurer and that no insurance coverage is provided under this Agreement;
Customer understands that Company's inspection, testing, maintenance, or repair of Equipment constitutes a verification of the Equipment's condition only at the time of service, and that Company makes no warranty or guarantee regarding the Equipment's future performance or condition;
Customer understands and accepts the limitations of liability set forth herein, including the aggregate liability cap;
Customer understands and accepts the disclaimer of warranties, including the disclaimer of implied warranties of merchantability and fitness for a particular purpose.
Customer agrees to the release, waiver, and indemnification provisions set forth herein;
Customer agrees to obtain and maintain adequate insurance coverage for Customer's property and operations;
Customer agrees to the binding arbitration provision and class action waiver set forth herein, and understands that Customer is waiving the right to a jury trial and the right to participate in a class action; and
Customer has had the opportunity to consult with legal counsel regarding these Terms prior to acceptance.

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