Description of Work.
(a) Fire Avert hereby agrees to perform the following services (the “Installation”) in accordance with the Estimate and these Terms and Conditions: (i) procure, install, commission, and test the Product for and on the Property in a professional and workmanlike manner. By signing the Estimate, Customer gives Fire Avert approval to install the Product at the Property
(b) Access. Customer hereby agrees to afford Fire Avert direct and unimpeded access to the Property during normal working hours for the purposes Fire Avert’s obligations under this Agreement; provided that Fire Avert shall use commercially reasonable efforts to provide Customer with reasonable notice of its need to access the Property.
Time for Performance.
(a) Commencement. Fire Avert shall use commercially reasonable efforts to commence the Installation on or prior to the Estimated Install Date or as soon as practical thereafter.
(b) Delays. Notwithstanding the foregoing, all dates and time periods are estimates only and shall be coordinated with the Owner. If Fire Avert is prevented from performing any Installation on the agreed-upon date(s) as a direct result of Property’s conduct or lack of availability, including but not limited to failure to notify residents in advance, Property shall pay to Fire Avert a delay penalty equal to $500 per day up to 4 days per Property.
Limitation of Liability.
IN NO EVENT SHALL FIRE AVERT OR ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FIRE AVERT.