GENERAL CONDITIONS

Scope of Undertaking:  Company will perform the services described pursuant to this Contract (the Work). No other services are included, unless approved in writing by Company. The amount payable to the Company for the Work is based solely upon the value of the services performed and is unrelated to the value of the Customer’s property and/or property of others located in/on the premises. Work will be performed on a time and material basis. If additional resources are needed, the estimated cost will increase. You will be notified before any additional work is performed.

Changes in Scope of Work:  Changes, alterations and additions to the plans, specifications, or construction schedule for this Contract shall be invalid unless approved in writing by Company.  For any such changes approved by Company in this manner, which will increase or decrease the cost and expense of the Work to Company, there shall be a corresponding increase or decrease in the Contract price herein provided. COMPANY WILL NOT CORRECT, REPAIR, OR REPLACE ANY EQUIPMENT, OR OTHERWISE BE RESPONSIBLE TO REPAIR ANY DEFICIENCY, IMPAIRMENT OR FAILURE OUTSIDE OF THE WORK UNLESS CUSTOMER SEPARATELY AUTHORIZES COMPANY IN WRITING TO REPAIR OR OTHERWISE CORRECT THE DEFICIENCY, IMPAIRMENT OR FAILURE FOR A SEPARATE ADDITIONAL FEE.  

Systems Installation: Customer shall furnish all necessary facilities for performance of the Work by Company, including site access, adequate space for storage and handling of material, light, water, heater, local telephone, watchmen, crane, elevator service (if available), and all necessary permits (unless otherwise specified herein).  Customer shall supply and maintain all necessary electrical service, internet connections and telephone lines as may be required for proper operation of the system(s) or equipment.  Customer shall furnish all necessary plans, specifications, drawings, project schedules, or any revisions thereto to Company. If access to all necessary facilities for performance of the Work is in any way denied or in the event Customer causes any unreasonable delay in providing Company access, then Company has the right, in the Company’s sole discretion, to charge Customer additional fees. If during the course of Company’s performance of the Work, access is denied to any system(s) or piece of equipment, or there is delay in providing access, Customer understands that the Work cannot and will not be performed. Customer agrees to contact Company when full access can be granted so that Company can return to complete the Work. The return trip will be billed at Company’s current time and material rates.

Product Placement:  Where the location of certain parts or components of the system are discretionary, Customer agrees that such placement is left to the sole discretion of Company.

Terms of Payment: Monthly invoices will be rendered representing the value of materials delivered to the site, materials supplied by Company and work performed.  All such invoices are payable in full within thirty (30) days. If Customer fails to pay the full amount due, Company may, at its option, terminate this Contract, and, in any event, will not be obligated to perform any additional work until payment past due has been received by Company. The cost of the Work is based upon Company being able to perform the Work during normal working hours on Monday through Friday from 7 a.m. to 5 p.m. Any Work performed outside of normal working hours will be subject to additional fees payable by Customer subject to all terms and conditions of this Contract.  In the course of late payments, customer shall pay a late penalty charge of 10% of contract price, with a minimum of $50, or the highest amount allowable by law.

Equipment Disconnections:  Customer is on notice that existing system(s)/device(s) that may be tied into the Work may be temporarily or permanently disconnected and no longer in service and thus, cannot detect, perform and/or report occurrences or transmit signals during the period of time the equipment is out of service.

Special Conditions:  In the event this Contract requires new equipment to be connected to existing equipment, Company will only test the new Work involved as part of this Contract and any inspection or test required on the existing equipment will be an extra to the Contract price. The Customer assumes full responsibility for the condition of existing equipment and for any damage resulting directly or indirectly from the testing or inspection of existing equipment. Company shall not be liable for any damage arising from or related to the Customer’s existing equipment. 

Work of Others: Company makes no warranty, express or implied, as to the quality of work performed by others.  Company has no obligation under this Contract to examine, inspect or approve any work performed by others.

Actions by Others:  In no event shall Company be liable for any damage, loss, injury, or any other claim arising from any servicing, alterations, modifications, changes or movements of the Work or any of its component parts by the Customer or third party. 

Warranty: COMPANY warrants that its workmanship and materials shall be free from defects for a period of one year after completion of the Work or substantial completion of the Project, whichever shall first occur, and that it will, at its expense, repair or replace any defective materials or workmanship supplied or performed by COMPANY during the one-year warranty period. ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ARE HEREBY EXCLUDED.  THE CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY MAKES NO EXPRESS WARRANTIES OTHER THAN THAT SPECIFICALLY SET FORTH IN THIS PARAGRAPH AND THAT NO REPRESENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO MAKE ANY WARRANTIES OR TO OTHERWISE VARY THE TERMS OF THIS CONTRACT.

Insurance: Customer shall provide and maintain insurance without deductible to protect the Project and the Work and the facility where the Work is performed from all perils of any kind, including but not limited to, fire and water damage. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds under Customer’s general liability policy and/or any other policy applicable to the work and the facility where the work is performed.

Waiver of Subrogation: Company is not an insurer against loss or damage. Sufficient insurance shall be obtained by and is the sole responsibility of Customer to cover the premises (and property therein) where the work will be performed. Customer agrees to rely exclusively on Customer’s insurer to recover for injuries or damage in the event of any loss or injury to the premises or property therein. Customer does hereby, for itself and all others claiming by or through it, release and discharge Company from and against all damages covered by Customer’s insurance, it being expressly agreed and understood that no insurance company, insurer, surety or other entity/individual will have any right of subrogation against Company.

Indemnification:  To the fullest extent permitted by law, Customer shall defend, indemnify and hold harmless Company and its agents, employees or subcontractors from and against all claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from services provided by Company, or any other services or materials which Customer or a third party claim Company should have provided, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This indemnity agreement includes claims brought against Company by Customer’s insurance company, and includes claims against Company arising under contract, warranty, Company’s own negligence or negligent misrepresentation, strict product liability, cross-claims or other claims for indemnification or contribution, or any other theory of liability whatsoever. This indemnification provision shall not apply where liability is established based upon Company’s sole and exclusive negligence.

Liquidated Damages:  The parties hereto agree that it is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from a failure on the part of Company to perform any of its obligations hereunder. The Customer does not desire that this contract provide for full liability of Company and agrees that Company shall be exempt from liability for loss or damage due directly or indirectly to occurrences, or consequences there from, concerning any services/obligations rendered under this contract by Company. Accordingly, if Company is found liable to Customer for loss or damage to property resulting from its obligations under this agreement, Company’s liability shall be limited to the lesser of a sum equal to one-half of the Contract price or $1,000 as liquidated damages and not as a penalty. Where multiple sites are covered by this Contract, liability will be limited to the amount allocable to the site where the incident occurred, subject to the preceding sentence. As a condition precedent to any claim or lawsuit against Company, all outstanding invoices must have been paid in full when due, without compromise on amounts owed. In no event will Company be liable to Customer for incidental or consequential damages of any kind.

Assignment: Any assignment of this Contract by Customer without the written consent of Company shall be void.  Company may assign this Contract to its subsidiaries, affiliates or other persons or entities licensed to perform the Work without Customer’s consent. If Company does transfer, assign this Contract or subcontract any of its duties or obligations hereunder, then anyone to whom Company transfers, assigns, or subcontracts will have all of Company’s rights under this contract.

Acceptance of Terms:  This Contract contains the entire understanding and final expression of the Contract and supersedes and replaces any previous contracts between Company and Customer concerning the work. No changes or modifications can be made to this Contract without the express written consent of Company. Company is not bound by any provisions printed or otherwise at variance with this Contract that may appear on any other form used by Customer, such provisions being hereby expressly rejected.

Disputes:  The laws of the State of New Jersey are applicable and will govern the interpretation and enforceability of this Contract. Any legal action or lawsuit arising out of this Contract must be bought in the State Courts of New Jersey nearest the headquarters of Company. In any lawsuit, legal action or claim arising out of this Contract and/or the services provided to Customer, if Company is the prevailing party, Customer shall pay all the Company’s reasonable legal fees and costs associated with the claim, legal action or lawsuit. Prevailing party shall mean Company received value as a result of the matter and did not pay money as part of a settlement, judgment or award. Customer must bring any lawsuit against Company within one (1) year after the act, omission or event occurrence upon which the lawsuit is based. If Customer does not, then Customer has no right to sue Company and Company has no liability to Customer for that claim. It is critical that Customer bring any claim in a timely manner.

NFPA Standards:  Customer has reviewed and is familiar with the National Fire Protection Standards applicable to the system(s)/equipment subject to this Contract and understands the requirements included therein and the consequences of failing to comply with those requirements. Customer agrees to comply with all requirements of the applicable NFPA standards applicable to Customer’s system(s)/equipment.

Severability:  If any of the provisions of this Contract shall be invalid or unenforceable under the laws of the jurisdiction applicable to the entire Contract, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Contract, but the entire Contract shall be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of the Company and Customer shall be construed and enforced accordingly.

Authorization:  The person executing this Contract on behalf of the Customer expressly warrants and covenants that he/she is the authorized representative of the Owner/Customer, or Owner’s/Customer’s designee, and is authorized to enter into this Contract for and on behalf of the Owner/Customer.

Affiliates:  The terms and conditions set forth in this Contract shall inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, Company’s employees, agents, officers and directors. 

Terms & Conditions - Inspection Quotes:

Term:  The term of this agreement is one (1) year from date hereof and shall be automatically renewed each year thereafter until terminated by either party on at least thirty (30) days written notice being given to the other party prior to the renewal  date.  Company’s then-current fees shall apply for each renewal period.

Cost of Inspections and Payment: The Customer shall pay to Company, within thirty (30) days after inspection has been made. If the Customer fails to pay the full amount due, Company may, at its option, terminate this contract, and, in any event, will not be obligated to perform any additional work until payment past due has been received by Company.  The cost of inspections is based upon Company being able to perform the inspection and/or testing during normal working hours on Monday through Friday from 7 a.m. to 5 p.m.  Any inspection or testing performed outside

of normal working hours will be subject to additional fees payable by Customer subject to all terms and conditions of this Agreement. In the course of late payments, customer shall pay a late penalty charge of 10% of contract price, with a minimum of $50, or the highest amount allowable by law.

Additional Equipment:  In the event additional equipment is installed or the systems are modified after the date of this contract, the annual inspection charges shall be increased in accordance with Company’s prevailing rates as of the first inspection of the additional equipment/modification.

Purpose:  The purpose of this Agreement is to set forth the terms and conditions of any work performed by us for you.  It is understood that you have the authority to authorize us to perform services for both buildings that you own and/or buildings that you do not own but manage or have an agreement to provide services.  “COMPANY” or “AFP” refers to Aish Fire Protection, Co. and “Customer” refers to you, our customer.  By permitting us to work on your premises, or by signing this Agreement, you accept all of the terms and conditions included in this Agreement. This Agreement is not binding on AFP until AFP signs it or services are commenced under this Agreement, which commencement constitutes our acceptance.  If AFP does not approve this Agreement, AFP’s only obligation is to refund any advance payments you have made for services not yet rendered. 

Our Responsibilities:  During each inspection, we will perform functional tests of the equipment subject to this Agreement only in accordance with the standard inspection procedures found in the NFPA standard applicable to the subject inspections. 

If you fail to resolve or fix impairments or failures of equipment detailed in our reports we reserve the right to terminate this Agreement. Please note that, due to site conditions, we may be unable to observe, detect and disclose deficiencies, impairments or failures of or with the equipment, and we assume no liability for the same.  Our inspections are in no way an engineering or design analysis of your fire protection equipment.  The inspection and testing provided under this Agreement is limited to the inspection and testing of the equipment or systems in place in order to determine if that equipment or those systems are functional at the time of the inspection or test.  No analysis of the building, adequacy of the design or installation of the systems is included in this Agreement.  A design or survey of the system(s) and the adequacy of the design or installation of the system(s) can be performed for a separate fee and only pursuant to a separate written agreement.

WE WILL NOT CORRECT, REPAIR, OR REPLACE ANY EQUIPMENT, OR OTHERWISE BE RESPONSIBLE TO REPAIR ANY DEFICIENCY, IMPAIRMENT OR FAILURE UNLESS YOU SEPARATELY AUTHORIZE US IN WRITING TO REPAIR OR OTHERWISE CORRECT THE DEFICIENCY, IMPAIRMENT OR FAILURE FOR A SEPARATE ADDITIONAL FEE. 

Customer Responsibilities:  You agree to provide us with access to the equipment subject to this Agreement.  If access is in any way denied or in the event you cause any unreasonable delay in providing us access, then we have the right, in our sole discretion, to charge you additional fees. If during the course of our inspection, access is denied to any piece of equipment requiring inspection or testing, or there is a delay in providing access, you understand that a full inspection of your equipment cannot and will not be performed. You agree to contact AFP when full access can be granted so we can return to complete  the inspection or testing. The return trip will be billed at AFP’s current time and material rates.

You are solely responsible for testing, inspecting and maintaining the equipment subject to this Agreement, and complying with all applicable codes.  If at any time you become aware of a deficiency, impairment, failure or other problem with the equipment subject to this Agreement, you agree to promptly notify us in writing.  You understand that it is your responsibility to notify the local authority having jurisdiction should you become aware of any condition that could impair the operation of the equipment.

Authorization:  The person executing this Agreement on behalf of the Customer for the subject systems, expressly warrants and covenants that he/she is the authorized representative of the Owner of the premises and is authorized to enter into this Agreement for and on behalf of Owner or Owner’s Designee and to bind Owner or Owner’s Designee to all terms herein.

Limitation Of Liability-Liquidated Damages: The parties hereto agree that it is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from failure on the part of AFP to perform any of its obligations hereunder.  The Customer does not desire that this contract provide for full liability of AFP and agrees that AFP shall be exempt from liability for loss or damage due directly or indirectly to occurrences, or consequences from there, which the inspection and/or testing is designed to detect or avert.  If AFP shall be found liable for loss or damages due to a failure of inspection and/or testing or any service arising out of this Agreement in any respect, AFP’s liability shall be limited to $1,000.00 as liquidated damages and not as a penalty.  The amounts payable to AFP hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of Customer’s property or any property located in or around Customer’s premises.  In no event will AFP be liable to Customer for incidental or consequential damages of any kind.

LIMITATION OF LIABILITY – NO EXPRESS OR IMPLIED WARRANTIES – THE CUSTOMER UNDERSTANDS AND AGREES THAT AFP HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND OR TYPE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.

Waiver of Subrogation:  AFP is not an insurer against loss or damage. Sufficient insurance shall be obtained by and is the sole responsibility of Customer.  Customer agrees to rely exclusively on Customer’s insurer to recover for injuries or damage in the event of any loss or injury to the premises or property therein. Customer does hereby, for itself and all others claiming by or through it, release and discharge AFP from and against all damages covered by Customer’s insurance, it being expressly agreed and understood that no insurance company, insurer, surety or other entity/individual will have any right of subrogation against AFP.

Severability:  If any provisions of the entire Agreement shall be invalid or unenforceable under the laws of the jurisdiction applicable to the Agreement, such invalidity or unenforceable provision(s) shall be severed from the Agreement and the Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of AFP and the Customer shall be construed and enforced accordingly.

Entire Agreement:  This Agreement contains the entire understanding and final expression of Agreement and supersedes and replaces any previous Agreements between the parties. This Agreement may be amended only in a writing signed by both parties.

Indemnification: This Agreement is intended only for your benefit.  Therefore, Customer agrees to the fullest extent permitted by law, to protect, defend, indemnify, release and hold AFP and its related parties harmless from liability against all third party claims or losses (including reasonable attorneys’ fees) brought against us which relate in any way to any services or materials provided by AFP, or any other services or materials which you or a third party claim AFP should have provided.  AFP’s related parties include its employees, agents and subcontractors.  This indemnity agreement includes claims brought against AFP by Customer’s insurance company, and includes claims against AFP arising under contract, warranty, AFP’s own negligence or negligent misrepresentation, strict product liability, cross-claims or other claims for indemnification or contribution, or any other theory of liability whatsoever.

Assignability of Agreement: Customer cannot transfer or assign this Agreement without AFP’s written consent.  However, AFP can transfer or assign this Agreement or subcontract AFP’s obligations without your consent.  If AFP does transfer, assign this Agreement or subcontract any of its duties or obligations hereunder, then anyone to whom AFP transfers, assigns, or subcontracts will have all of AFP’s rights under this Agreement.

Disputes: The laws of the State of New Jersey are applicable and will govern the interpretation and enforceability of this Agreement. Any legal action or lawsuit arising out of this Agreement must be bought in the State Courts of New Jersey nearest the headquarters of AFP. In any lawsuit legal action or claim arising out of this Agreement and/or the services provided to Customer, if AFP is the prevailing party Customer shall pay all the AFP’s reasonable legal fees or costs associated with the claim, legal action or lawsuit. Prevailing party shall mean AFP received value as a result of the matter and did not pay money as part of a settlement, judgment or award. You must bring any lawsuit against AFP within one (1) year after the act, omission or event occurrence upon which the lawsuit is based.  If you do not, then you have no right to sue AFP and AFP has no liability to you for that claim.  It is critical that you bring any claim in a timely manner.   

NFPA Standards: Customer has reviewed and is familiar  with the National Fire Protection Standards applicable to the systems/equipment subject to this Agreement and understands the requirements included therein and the consequences of failing to comply with those requirements. Customer agrees to comply with all requirements of the applicable NFPA standards applicable to Customer’s systems/equipment.

Services/Frequency: The inspection and maintenance, as defined by the applicable NFPA standard, shall be performed only at the frequency or intervals identified on page one of this Agreement. Customer shall be solely responsible for performance of any inspection and maintenance, as defined by the applicable NFPA standards, not provided for in this Agreement and to make appropriate records,  as required by the applicable NFPA standards, of all such self-performed inspections and maintenance.

VENTILATION CONTROL AND CHEMICAL EXTINGUSIHING SYSTEMS

TERMS AND CONDITIONS

Scope of Inspection:  Ventilation Controls for cooking Operations and Wet and Dry Chemical Extinguishing Systems are governed by NFPA 96, 17A and 17. Inspections of these systems, if included in this Agreement shall be provided in accordance with the applicable NFPA standards. The scope of this inspection is limited to the inspection and maintenance, as defined by the applicable NFPA standard, of the systems/equipment subject to this Agreement. 

FIRE EXTINGUISHER TERMS AND CONDITIONS

Scope of Inspection:  NFPA 10 is the standard for portable fire extinguishers and inspection services related to Customer’s fire extinguishers shall be provided in accordance with NFPA 10.  Customer is familiar with NFPA 10, its requirements and Customer’s responsibility and duties pursuant to NFPA 10.  Services provided under this Agreement do not include an analysis or survey of the fire hazard and appropriate selection of fire extinguishers relative to the particular classification of hazards.  Such analysis and survey can be performed pursuant to a separate, written agreement.  The scope of this inspection is limited to the inspection, and maintenance (as defined by NFPA 10) of the fire extinguishers in place at Customer’s inspection location.  Customer acknowledges that it is the Customer’s responsibility to assure that inspection, maintenance and recharging of fire extinguishers occurs.

FIRE SPRINKLER TERMS AND CONDITIONS

Water Supply: Testing and treatment of the water supply, and any costs associated therewith, are not covered by this Agreement and are the sole responsibility of Customer. Equipment is available that is designed to monitor for conditions that can contribute to internal corrosion inside water based fire protection systems.  Such testing and equipment can be provided pursuant to a separate written agreement.

Emergency Control Functions: If testing of emergency control functions (e.g. fan control, smoke damper operation, elevator recall, elevator power shut down, door holder release, shutter release, door unlocking, stairwell pressurization fans, smoke removal control systems, etc.) are included in this Agreement only the signal outputs to those systems from the fire alarm control panel will be activated through the control modules to verify proper operation of the outputs.  Testing and verifying proper operation of the emergency control systems themselves, including but not limited to those herein identified, is excluded from this Agreement.

Dry Pipe System: Customer  is aware that dry pipe sprinkler systems must be drained after each operation of the dry valve to remove water from the system.  Customer is also aware that other sources of water can exist in dry pipe systems in the absence of the operation of the dry valve; e.g. condensation from the air compressor maintaining the air pressure in the dry system. Customer is aware that residual water left in a dry pipe system may freeze, cause damage to the pipes or other components and cause significant water damage to the premises and property therein.  During inspection and testing of dry pipe systems, Customer must provide Company full access to all low point auxiliary drains and/or drum drips so that residual water from testing can be drained.  Customer must also perform regular, proper draining of low point auxiliary drains and/or drum drips in

accordance with the intervals described by NFPA 25 and as otherwise required.  If any dry pipe or pre-action systems are included in this Agreement, inspection or testing of proper pitch or slope of the pipe is excluded.

Emergency/After Hours Service: If Customer requires emergency service outside of normal business hours, they can call our main number to be connected to our after-hours emergency service dept. All after-hours emergency calls will incur a four hour minimum after-hours service call rate. This is in addition to any parts required to repair systems.

Scope of Inspection: The inspection and testing provided under this Agreement does not include any maintenance, repairs, alterations, or replacement of parts or any other field adjustments.  The inspections and testing provided under this Agreement are NOT a system survey or engineering analysis of the system and/or its design. An system survey or engineering analysis is an analysis used to determine if the system(s) as designed, installed and/or modified satisfy applicable codes, either at the time of installation or current, and/or if the system(s)  is/are adequate for the hazard and to protect the premises and/or property therein. Such an analysis, which is not provided pursuant to this Agreement, may include, but not be limited to evaluation of the absence of sprinkler heads/fire protection, the amount and placement of sprinkler heads, design of the system, hydraulic capacity of the system, the hazard or commodities being stored and other matters beyond the inspections provided in this Agreement. Company is not providing, nor should Customer expect, an engineering analysis or system survey pursuant to this Agreement.

Any suggested improvements itemized on any inspection and/or testing report do not constitute an engineering review of the fire protection/suppression system installed in your facility.  To the extent such are itemized, they were noticed while conducting an inspection and test of your fire protection system in accordance with applicable NFPA Inspection and Testing Guidelines subject to the scope of work under this Agreement; however, such items are not part of the NFPA required inspection and test.  Company makes no guarantee or assurance that all defects or deficiencies in the systems have been itemized.

Company does not warrant that the equipment or systems inspected/tested will meet or comply with the requirements of any fire or life safety code, or regulation of any state, municipality or other jurisdiction of Customer’s particular location.

When applicable, Customer  shall be responsible for coordinating with proper companies/personnel to ensure that the elevator recall and elevator shut down systems can be tested during the inspection.

Customer is responsible for locating and/or identifying all devices that are not marked, such as drum drips, low point drains and other devices. Customer is responsible for ensuring that adequate drainage exists in and around the premises to handle the flow and discharge of water from inspector’s test connections, main drains and other sources of water discharge.  Company shall not be held liable for inadequate drainage.

NFPA 25: Customer has reviewed and is familiar with the National Fire Protection Association Standard 25 (NFPA 25) and understands the requirements and consequences of failure to comply with the requirements therein. Customer shall comply with the requirements of NFPA 25. Customer is responsible for maintaining all fire protection equipment in good, working order as outlined in the applicable NFPA Standards and any and all local rules, codes or standards applicable to the jurisdiction where the system(s) is/are located.

Definitions: 

“Inspection” is a visual examination of a system or portion thereof to verify that it appears to be in operating condition and is free of physical damage. “Testing” is a procedure used to determine the operational status of a component or system by physically manipulating components of the system. “Deficiency” is a condition in which a system or portion thereof is damaged, inoperable or in need of service, but does not rise to the level of an impairment. “Impairment” is a condition where a system or unit or portion thereof is out of order, and the condition can result in the fire protection system or unit not functioning in a fire event.

Backflow Prevention Devices:  A forward flow test equaling demand, if hydraulic data is available, will be conducted where proper test header connections of proper size exist. Where no such connections or means exist, the forward flow of the backflow device is excluded from this Agreement.

Fire Pumps: If inspection and testing of Fire Pumps is included in this Agreement, only those inspections that are required to be performed annually pursuant to NFPA 25 will be performed. Other more frequent tests and inspections shall be performed only pursuant to a separate written agreement. Customer understands and agrees that for any flow testing required to be performed, customer is responsible for any water usage charges. Customer further understands and agrees that to the extent the Fire Pump has a transfer switch, the fire pump testing will include the simulation of a loss of power and transfer to a backup power supply. Customer understands that the method of wiring of the fire pump and the power supply is unknown to Company and that significant damage can occur to the fire pump in performing this transfer of power testing. Customer hereby agrees to release company from any liability for any damage caused to the fire pump and any of its related components, and/or to other property of Customer or others caused by such transfer of power testing.

Standpipe and Hose Systems: If inspection and testing of Standpipes and Hose systems are included in this Agreement, only those items which are identified in NFPA 25 as requiring annual or quarterly testing will be performed; however, the quarterly service shall be performed only one time per year at the time of the annual inspection unless greater inspection frequencies are part of this Agreement.