Terms & Conditions

1. SALE AND INSTALLATION 

FSTX shall sell, and Buyer agrees to buy, the following equipment and systems to be installed by FSTX pursuant to the terms of this agreement.  Buyer agrees to pay FSTX as provided in the Schedule of Sale and Installation annexed hereto.   NOTICE: Unless a Fire Sprinkler System to Code is selected to be installed, FSTX makes no representation that the fire sprinkler system (or other fire protection systems if applicable) meets local code, fire department or any Authority Having Jurisdiction [AHJ] requirements, and it is not FSTX’s responsibility to apply for any permits or fees in connection with such equipment.  The law requires, and FSTX recommends that Buyer install a Fire Sprinkler System to code with plans and specifications filed with AHJ, properly permitted, inspected, and approved by AHJ.  Buyer represents that existing fire sprinkler system is approved by AHJ and that any repairs or replacement parts installed by FSTX are not additional equipment which would require AHJ approval.  FSTX may, in its sole discretion, notify AHJ if SI’s services are to be terminated or have terminated or that the fire sprinkler system (or other fire protection systems if applicable) is not functioning and the fire sprinkler system (or other fire protection systems if applicable) is otherwise non-compliant with applicable fire codes. 

2. LOCAL LAW COMPLIANCE: 

Buyer acknowledges that FSTX’s work may require permit and inspections from AHJ [Authority Having Jurisdiction] and that Buyer shall comply with all AHJ requirements, which exceeding the terms of this agreement, shall be paid for by Buyer at time additional equipment or services are requested.  FSTX represents that it is licensed as required for all services to be provided in this Agreement or shall engage licensed subcontractors.  FSTX is not responsible for any Plans and Specifications required by AHJ filed by others and Buyer shall contract directly with architects or professional engineers for such services unless those services are included in the Schedule of Sale and Installation to be provided by FSTX.  FSTX’s signs and decals remain the property of FSTX and must be removed upon termination of this agreement.  FSTX may in its sole discretion notify AHJ if FSTX’s services are to be terminated or have terminated or that the fire protection systems are not, or the fire protection equipment is otherwise noncompliant with applicable fire codes. Pursuant to Chapter 6002 of the Texas Insurance Code, FSTX will provide Buyer with all passwords provided Buyer signs FSTX’s liability waiver. 

3. SPRINKLER SYSTEM / FIRE SUPPRESSION SYSTEM NEW INSTALLATION: 

A. Sprinkler System shall consist of the equipment noted in the Schedule of Sale and Installation, installed pursuant to AHJ requirements and permit. FSTX is not responsible for providing heat to premises and shall have no liability for water damage caused by freezing conditions or any other cause whatsoever.   B. Fire Suppression system shall be installed in accordance with AHJ requirements. FSTX shall not be under any duty to inspect or service fire suppression systems 

unless included in the Schedule of Services to be provided in this agreement. C. Building Owner shall be responsible to maintain and inspect system per NFPA 25 requirements. 

4. TERM / RENEWAL / INCREASES: 

The term of this agreement shall be for a period of 10 years.  This agreement shall thereafter renew month to month under the same terms and conditions, unless either party terminates this agreement by sending written notice to the other party thirty days prior to the renewal period.  FSTX is authorized to notify AHJ of termination of this agreement if required by AHJ. After the expiration of one year from the date hereof FSTX shall be permitted from time to time to increase the monthly charges by an amount not to exceed nine percent each year and Buyer agrees to pay such an increase as invoiced. 

5. WARRANTY / DISCLAIMER: 

FSTX does not represent nor warrant that its equipment, systems, or services will prevent any loss, damage or injury to person or property, by reason of fire, smoke, water damage, equipment failure or otherwise, or that equipment, system, and services will in all cases provide the protection for which it is installed or intended. Buyer acknowledges that FSTX is not an insurer, and that Buyer assumes all risk of loss or damage to Buyer's premises or its contents. FSTX has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Buyer's exclusive remedy for FSTX's default hereunder is to 

require FSTX to repair or replace, at FSTX's option, any equipment covered by this agreement which is non-operational.  Buyer agrees to maintain temperature in building at no less than 55 degrees Fahrenheit. FSTX shall not be responsible for damage caused by freezing conditions.  Buyer is to provide either ladders or hi-lows for access to equipment located above 10 feet in height. 

6. EXCULPATORY CLAUSE: 

FSTX is not an insurer, and no insurance coverage is offered herein. The equipment and FSTX’s services are designed to detect and reduce certain risks of loss, though FSTX does not guarantee that no loss or damage will occur.  FSTX is not assuming liability, and, therefore, Buyer agrees FSTX, shall not be liable to Buyer or any other third party, and Buyer covenants not to sue FSTX,  for any loss, economic or non-economic, business loss or interruption, consequential damages, in contract or tort, data corruption or inability to retrieve data, personal injury or property damage sustained by Buyer or others as a result of equipment failure, human error,  fire, smoke, water or 

any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by FSTX’s breach of contract, negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty, except for gross negligence and willful misconduct. Buyer releases FSTX from any claims for contribution, indemnity or subrogation. 

7. LIMITATION OF LIABILITY: 

BUYER AGREES THAT, EXCEPT FOR FSTX’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, SHOULD THERE ARISE ANY LIABILITY ON THE PART OF FSTX AS A RESULT OF FSTX’S BREACH OF CONTRACT,  NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF FSTX’S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, WHETHER ECONOMIC OR NON-ECONOMIC, IN CONTRACT OR IN TORT, THAT FSTX’S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS,  WHICHEVER IS GREATER. IF BUYER WISHES TO INCREASE FSTX’S AMOUNT OF LIMITATION OF LIABILITY, BUYER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH FSTX’S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE AND NOTWITHSTANDING THE FOREGOING, FSTX’S LIABILITY SHALL NOT EXCEED ITS AVAILABLE INSURANCE COVERAGE.  BUYER ACKNOWLEDGES THAT THIS 

AGREEMENT CONTAINS EXCULPATORY CLAUSE, INDEMNITY, INSURANCE, AND ALLOCATION OF RISK AND LIMITATION OF LIABILITY PROVISIONS.   

8. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: 

Buyer agrees to and shall defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless FSTX, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Buyer, including  reasonable attorneys' fees and losses asserted against and alleged to be caused by FSTX’s performance, negligent performance, or failure to perform any obligation under or in furtherance of this agreement.  Parties agree that there are no third-party beneficiaries of this agreement.  Buyer on its behalf and any insurance carrier waives any right of subrogation Buyer's insurance carrier may otherwise have against FSTX or FSTX’s subcontractors arising out of this agreement or the relation of the parties hereto. Buyer shall not be permitted 

to assign this agreement without written consent of FSTX, which shall not unreasonably be withheld.  FSTX shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations created herein upon such assignment. 

9. EQUIPMENT LIMITED WARRANTY: 

In the event that any part of the equipment becomes defective, FSTX agrees to make all repairs and replacement of parts without costs to the Buyer for a period of ninety (90) days from the date of installation.  FSTX reserves the option to either replace or repair the equipment and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty.  FSTX’s warranty does not include damage caused by electric, plumbing or construction, nor damage by lightning, electrical surge, or misuse. FSTX is not the manufacturer of the equipment and other than FSTX’s limited warranty Buyer agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any.  Except as set forth in this agreement, FSTX makes no express warranties as to any matter whatsoever, including but not limited to, unless prohibited by law, the condition of the equipment, its merchantability, or its fitness for any particular purpose, and FSTX shall not be liable for consequential damages. FSTX does not represent nor warrant that the equipment may not be compromised or circumvented, or that the system will prevent any loss by fire, smoke or water or otherwise;  or that the system will in all cases provide the protection for which it is installed.  FSTX expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than FSTX.  FSTX shall not be liable for consequential damages.  Buyer acknowledges that any affirmation of fact or promise made by FSTX shall not be deemed to create an express warranty unless included in this agreement in writing;  that Buyer is not relying on FSTX’s skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that FSTX has offered additional and more sophisticated equipment for an additional charge which Buyer has declined. Buyer's exclusive remedy for FSTX’s breach of this agreement or negligence to any degree under this agreement is to require FSTX to repair or replace, at FSTX’s option, any equipment which is non-operational. Some states do not allow the exclusion or limitation of consequential or incidental damages, or a limitation on the duration of implied warranties, so the above limitations or exclusions may not apply to you.  The warranty gives you specific legal rights and you may also have other rights which may vary from state to state.  Fire Protection Systems are required to be approved by AHJ and may require plans and specifications designed, signed and submitted by a licensed architect or professional engineer, which must be engaged by Buyer.  If FSTX is installing a Fire Protection System to code installation must be approved by the AHJ.  This Limited Warranty is independent of and in addition to repair service contracted under paragraph 4 of this agreement.  

10. INSURANCE / ALLOCATION OF RISK: 

Buyer shall maintain a policy of General Liability and Property Insurance for liability, casualty, fire, theft, and property damage under which Buyer is named as insured and FSTX is named as additional insured  proof of which shall be provided to FSTX, and which shall on a primary and non-contributing basis cover any loss or damage FSTX's services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Buyer assume all potential risk and damage that may arise by reason of failure of the equipment or FSTX's services and that Buyer will look to its own insurance carrier for any loss or assume the risk of loss. FSTX shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Buyer from insurance covering such loss or damage or for such loss or damage 

against which Buyer is indemnified or insured. Buyer and all those claiming rights under Buyer waive all rights against FSTX and its subcontractors for loss or damages caused by perils intended to be detected by FSTX's services or covered by insurance to be obtained by Buyer, except such rights as Buyer or others may have to the proceeds of insurance.    

11. MOLD AND HAZARDOUS CONDITIONS: 

Under no circumstances shall FSTX be liable to Buyer for any damages caused by mold or hazardous material, or conditions not covered by FSTX’s insurance policies, if any.  In the event FSTX discovers the presence of suspected asbestos or other hazardous material FSTX shall stop all work immediately and notify Buyer. It shall be Buyer’s sole obligation to remove such conditions from the premises and If the work is delayed due to the discovery of suspected asbestos or other hazardous material or conditions then an extension of time to perform the work shall be allowed and Buyer agrees to compensate FSTX for any additional expenses caused by the delay but not less than $1000.00 per day until work can resume.  If FSTX, in its sole discretion, determines that continuing the work poses a risk to FSTX or its employees or agents, FSTX may 

elect to terminate this agreement on 3-day notice to Buyer and Buyer shall compensate FSTX for all services rendered and material provided to date of termination. FSTX shall be entitled to remove all its equipment and uninstalled equipment and material from the job site.   

12. SYSTEM / EQUIPMENT: 

In the event that any part of the equipment installed by FSTX is attached to existing equipment or any device that is not installed by FSTX which it renders the equipment non-operational FSTX will notify Buyer and Buyer shall remove and replace the equipment or device at its own expense. FSTX shall not be responsible for any damage to or failure of the system caused in whole or in part by such equipment or device not installed by FSTX pursuant to this agreement. 

13. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL / BUYER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE:   

FSTX shall not be liable for any damage or loss sustained by Buyer as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including FSTX's negligence or failure to perform any obligation.  The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of FSTX, FSTX shall have such additional time for performance as may be reasonably necessary under the circumstances.   Buyer agrees to pay FSTX the sum of $1,000 per day for each business day the work is re-scheduled or delayed by Buyer or others engaged by Buyer through no fault of FSTX on less than 24-hour notice to FSTX.  If installation is delayed for more than one year from date hereof by Buyer or other contractors engaged by Buyer and through no fault of FSTX, Buyer agrees to pay an additional 5% of the contract of the Purchase Price upon installation.  Buyer assumes all risk of loss of material once delivered to the job site.  FSTX is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in FSTX’s sole discretion for the installation and service of the  equipment, and FSTX shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the equipment, and Buyer represents that the owner of the premises, if 

other than Buyer, authorizes the installation of the equipment under the terms of this agreement. FSTX may suspend installation or repair services if working conditions are freezing or other environmental conditions prevent safe working conditions in FSTX’s sole discretion. In the event installation of any equipment requires the shut off of any utility service or equipment, including but not limited to gas, electric, boiler, range, oven, gas fireplaces, gas supplied kitchen or household appliances Buyer shall be responsible to engage a licensed professional independent of FSTX to shut off the utility service or equipment.  FSTX has no responsibility or liability for shutting down utility service or equipment.  Buyer agrees to have such service performed within 48 hours upon request by FSTX. Buyer agrees to furnish, at Buyer's expense, all 110 Volt AC 

power, electrical outlet, circuit breaker and dedicated electrical feed, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, and maintain areas in the premises where active electronics, such as panel, expansion devices and power supplies, between 32 to 122 degrees Fahrenheit, as deemed necessary by FSTX. 

14. LEGAL ACTION / ARBITRATION / SECURITY INTEREST / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING 

ARBITRATION:  

The parties agree that due to the nature of the services to be provided by FSTX, the payments to be made by the Buyer for the term of this agreement form an integral part of FSTX's anticipated profits; that in the event of Buyer's default it would be difficult if not impossible to fix FSTX's actual damages.  Therefore, in the event Buyer defaults in any payment or charges to be paid to FSTX, Buyer shall be immediately liable for any unpaid installation and invoiced charges plus 80% of the balance of all payments for the entire term of this agreement as LIQUIDATED DAMAGES. Upon suspension or termination of services FSTX will notify Buyer of such termination and the balance owed by Buyer for the term of this agreement. FSTX is authorized to notify Buyer by email, First Class Mail delivered by the US Postal Service or text message to Buyer’s cell 

phone. 

BUYER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.   

FSTX may, without prior notice, suspend or terminate its services in event of Buyer’s default in performance of this agreement and shall be permitted to terminate all its services under this agreement and deactivate the System without relieving Buyer of any obligation herein and may notify AHJ of termination. In order to secure all indebtedness or liability of Buyer to FSTX, Buyer hereby grants FSTX a security interest in all of Buyer's equipment, inventory and proceeds thereof, accounts receivables and cash on hand and FSTX may execute, and file UCC-1 statement.  BUYER MAY BRING CLAIMS AGAINST FSTX ONLY IN BUYER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., ITS SUCCESSORS OR ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT  WW.ARBITRATIONSERVICESINC.COM AND THE FEDERAL ARBITRATION ACT (FAA), EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement, and shall on request of a party, conduct proceedings by telephone, video or submission of papers.  A party requesting  in-person discovery, in-person hearing or a transcript of the discovery proceeding or hearing,  shall pay for the cost of such transcript and arbitrator fees charged in connection with the discovery request and in-person hearing, which may be allocated among the parties by the arbitrator in the final award.  By agreeing to this arbitration provision the parties waive their right to a trial before a judge or jury, waive their right to appeal the arbitration 

award and waive their right to participate in a class action.  In the event of any litigation between the parties they waive the right to a jury trial unless prohibited by law.  Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address designated in this agreement, on file with an agency of the state, or any other address provided by the party in writing to the party making service.  The parties submit to the jurisdiction and laws of Texas, except for arbitration which is governed by the FAA and the arbitration rules.  Once the arbitration option is exercised by either party, this agreement and the relationship of the parties is governed by this agreement, the arbitration rules, and the FAA, and not the Texas Arbitration 

Act.  The parties are engaged in interstate commerce and the FAA and arbitration rules shall govern, notwithstanding any state law to the contrary.   Any action or arbitration 

between the parties must be commenced within one year of the accrual of the cause of action or shall be barred. The prevailing party in any litigation or arbitration is entitled 

to recover its legal fees, costs and disbursements so that the party is made whole from the other party.  In the event a party commences a proceeding to confirm an arbitration 

award, the prevailing party shall be entitled to attorney fees, costs and disbursements for such proceeding.  All actions, arbitration or proceedings by either party must be 

based on the provisions of this agreement and any other action that Buyer may have or bring against FSTX in respect to other services rendered in connection with this 

agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement. 

RIGHT TO CONTRACT SPECIAL SERVICES:   

Buyer agrees that FSTX is authorized and permitted to subcontract any services to be provided by FSTX to third parties who may be independent of FSTX, and that FSTX shall not be liable for any loss or damage sustained by Buyer by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, except that FSTX shall not obligate Buyer to make any payments to such third parties.  Buyer acknowledges that this agreement, and particularly those paragraphs relating to FSTX's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors, and Remote Supervising Station of FSTX. 

15. PLANS / SPECIFICATIONS / PERMITS / AHJ APPROVAL / EXTRAS / NON-SOLICITATION / ADDITIONAL COSTS / OTHER LICENSED TRADES / CO AND ECB VIOLATIONS / AND WITNESS FEES:   

Unless included in the Schedule of Installation and Services FSTX is not responsible for plans, specification, permits and final AHJ approvals.  Buyer shall contract directly with architect or professional engineer for such services. In the event AHJ requires any additional equipment or services not specified in this agreement or the original approved plans, Buyer agrees to pay FSTX for such additional equipment and services at FSTX’s then prevailing rates and charges. Buyer is responsible for all alarm permits and permit fees, agrees to file for and maintain any permits required by applicable law and AHJ and indemnify or reimburse FSTX for any fees or fines relating to permits or code compliance.  Should FSTX be required to perform any service or furnish or replace any equipment or material not specifically covered by the terms of this agreement, 

because of change in existing or hereafter enacted law, change in technology, obsolete or manufacturer’s end of life equipment, Buyer agrees to pay FSTX for such service or material.  The pricing to be paid by Buyer in this agreement is based on current pricing by FSTX's suppliers and vendors.  In view of supply shortage and inflation Buyer agrees to pay any increase for equipment or services to FSTX by FSTX's suppliers and vendors in connection with equipment and services to be provided by FSTX to Buyer.  FSTX will notify Buyer of any such increase, and Buyer shall have the option of paying the increase or selecting alternative equipment and services, if available, for 

the prices set forth in this agreement.   Buyer agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of FSTX assigned by FSTX to perform and who performs any service for or on behalf of Buyer during the term of this agreement, any renewals thereof and for a period of 2 years thereafter. In the event of Buyer's violation of this provision, in addition to injunctive relief, FSTX shall recover from Buyer an amount equal to such employee's salary based on the average three months preceding employee's termination of employment with FSTX, times twelve, together with FSTX's counsel and expert witness fees. Buyer is responsible for engaging licensed trades to perform any work which FSTX is not licensed to perform interconnecting the fire alarm to HVAC, elevators, appliances, and other 

electronic and mechanical systems. It is Buyer's responsibility to obtain a Certificate of Occupancy for the intended use of the premises affected by the fire suppression equipment or obtain a Letter of No Objection from the AHJ if a Certificate of Occupancy is not available. It is Buyer's sole responsibility to cure any building or Environmental Control Board violations.  In the event Buyer or any third party subpoenas or summons FSTX requiring any services or appearances, Buyer agrees to pay FSTX $150 per hour for such services and appearances.   

16. SECURITY INTEREST / COLLATERAL: 

In order to secure all indebtedness or liability of Buyer to FSTX, Buyer hereby grants and conveys to FSTX a security interest in, and mortgages to FSTX all of Buyer's equipment, inventory and proceeds thereof, accounts receivables and cash on hand.  Buyer agrees to allow FSTX to execute in Buyer's name a UCC-1 statement. 

17. EXCAVATION / SITE CONDITION: 

 In the event that installation and/or service of the system includes excavation, Buyer shall pay, as an extra to the contract price, the cost of any additional work performed by FSTX due to water, quicksand, rock or other unforeseen condition or obstruction encountered. While FSTX and its employees will exercise reasonable care in this respect, FSTX shall be under no responsibility for loss or damage due to the character, condition or use of foundations, walls, or other structures not erected by FSTX or resulting from the excavation in proximity thereto, or for damage resulting from concealed piping, wiring, fixtures, or other equipment or condition of water pressure.  

18. BACKCHARGES: 

The parties agree that no back charges will be assessed against FSTX. 

19. PAYMENT TERMS 

Invoices are issued 30 days in advance of the scheduled inspection or service. Payment is due upon completion of the inspection or thirty (30) days from the invoice date—whichever occurs first, but in no case later than the scheduled service date. Failure to remit payment by the due date may result in rescheduling of services, late fees, or suspension of service until the account is brought current. Any unpaid balance remaining beyond 30 days from the invoice date shall accrue interest at a rate of 1.5% per month (18% per annum) until paid in full. All costs of collection, including attorney’s fees and court costs, shall be borne by the buyer. 

20. CHANGE ORDERS 

All work requested beyond the original scope of work shall require written approval via a Change Order and may result in additional charges and/or timeline adjustments. No oral modifications will be binding. 

21. SCHEDULE AND ACCESS 

Buyer shall ensure clear access to the job site for all scheduled work. Delays caused by site inaccessibility, other trades, or incomplete work areas may result in rescheduling fees or added labor costs. 

22. FULL AGREEMENT / SEVERABILITY / CONFLICTING DOCUMENTS: 

This agreement along with the Schedules constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. Buyer acknowledges and represents that Buyer has not relied on any representation, assertion, guarantee, warranty, collateral agreement, or other assurance, except those set forth in this Agreement.  Buyer hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Buyer’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance.  To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern.  Should any provision of this agreement be deemed unenforceable, the provision shall be deemed modified and enforceable to the extent deemed enforceable and, in any event, shall not render any other provision in this 

agreement unenforceable.