TERMS AND CONDITIONS OF SERVICE AGREEMENT
1 We shall use reasonable diligence to perform the service on the regularly scheduled service date. However, this date is not guaranteed, and we shall not be held responsible for incidental, consequential, direct or indirect, damages of any nature caused thereby, or related thereto.
2 If you fail to pay any charges, refuse to permit our services or cancel the contract prior to expiration for convenience for more than ninety days after they are due, then SFP, at its option, is entitled to cancel this agreement and receive payment equivalent to one-half of all services that would have been rendered for the balance of the unexpired term, this deemed a liquidated damage and not a penalty."
3 If claim is asserted or litigation commences based on your default or breach, you will be obliged to pay attorney's fees equal to 25% of the monies due, together with reasonable costs and disbursements, if incurred.
4 We shall have no liability, responsibility, or obligation of any nature whatsoever, under the terms of this service agreement for injury, loss or damage to person or property, personal, and/or real, at your premises or elsewhere, by virtue of, or related to, directly or indirectly, fire, smoke, heat, similar or unrelated cause, whatever its basis or source.
5 We shall be paid for a service call upon completion of a regularly scheduled service and/or upon your refusal to schedule an appointment for a regularly scheduled service call and/or upon your refusal to permit us entry to your premises to perform a regularly scheduled service call. If scheduled appointment is cancelled less than 24 hours prior to the service, you will be billed for said service.
6 In accordance with conditions contained in the standard fire insurance policy and the endorsements attached thereto, owner of premises and/or occupant hereby waive all their rights to subrogation by their insurance company against SFP and affiliated firms.
7 The charges for the first year are fixed, but thereafter they may be increased from time to time as SFP in its sole discretion may determine to reasonably cover its additional costs and expenses, if any, direct overhead and otherwise.
8 Any claim for unsatisfactory service is waived by you unless we have received notice thereof in writing within seven days from the date of such service. We shall then re-service your system(s), if necessary as we decide in our discretion, one time without charger to you.
9 This service agreement incorporates all of the terms and conditions of our understanding and may not be modified except in writing signed by both parties hereto.
10 "You" shall mean and include the customer, its agents, servants, employees, contractors, invitees, licensees, and/or trespassers, by way of illustration, no limitation.
11 You will include SFP as an additional named insured on your liability policy in regard to work performed by SFP, $1 million combined single limit.
12 This agreement may be assigned by either party, provided the assignee assumes responsibility for all obligations, hereunder, and if customer is the assignor, it and the guarantor shall remain liable in the event the assignee defaults.
13 In the event that any term or provision of this Agreement is or is declared to be illegal, void, or unenforceable, the same shall not affect or impair the other terms or provisions. The doctrine of severability shall be applied. The parties do not intend by this paragraph to imply the illegality, voidness, or unenforceability of any term or provision of this Agreement