Springer Service Systems, Inc. d/b/a SafeCare (Seller) and Purchaser on any Agreement hereby acknowledge and agree:
1. Purchaser will buy from Seller the system, items, parts or services (the “Product”) as part of any Agreement.
2. Purchaser will pay Seller for the total cost for the Product per the Terms set forth on the Agreement.
3. Purchaser will pay all applicable governmental taxes, fees or charges that are imposed on the equipment, installation thereof or performance of service described herein.
4. Purchaser authorizes Seller to install, test and inspect the Product on the premises described on the Agreement. The Product will be installed in a workmanlike manner per Seller’s standard installation procedures, and the installation will be completed within a reasonable time from the Agreement date.
5. The Product will remain Seller’s property until fully paid for by Purchaser, and Purchaser agrees to perform all acts that may be necessary to assure the retention of title by Seller. Should Purchaser default in any payment for the Product, Purchaser hereby authorizes and empowers Seller to remove the Product from the premises described on the Agreement. Seller’s removal of the Product will not be deemed a waiver of Seller’s rights to damages Seller sustains as a result of Purchaser’s default, and Seller retains the right to enforce any all other legal remedy. Furthermore, Seller will not be obligated to restore or redecorate the premises described on the Agreement to its original condition should Seller remove the Product due to Purchaser’s payment default. The risk of loss of the Product or any portion thereof passes to the Purchaser on delivery of the Product to the premises described on the Agreement.
6. Seller agrees to correct any defect or defects in workmanship or material that may develop in connection with the Product to the extent such defect or defects develop under proper or normal use from the date of installation completion through the warranty period as shown on the Agreement, by repair or replacement of the defective part or parts. THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES OF QUALITY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
7. The parties hereto agree that Seller is providing the Product designed to reduce the risk of loss; that Seller is not assuming responsibility for losses that may occur due to malfunction, even if caused by Seller’s negligence or failure of performance; that Seller is not an insurer and that Purchaser is responsible for obtaining insurance, if any, covering property loss or damage or personal Injury on the premises described on the Agreement. It is further understood that Purchaser chose the Product described on the Agreement after considering and weighing the protections afforded by various types of Product and the related costs.
8. BECAUSE THE VALUE OF PROTECTED PROPERTY IS UNKNOWN AND BECAUSE ESTABLISHING A CAUSAL CONNECTION BETWEEN PRODUCT OR SERVlCE PROBLEMS AND PURCHASER’S POSSIBLE LOSS THE PARTIES AGREE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES THAT MAY ARISE SHOULD THERE BE A FAILURE OF SERVICES PROVIDED. ACCORDINGLY, IF NOT WITHSTANDING THIS PROVISIONS IN PARAGRAPHS 7 AND 8 HEREIN, ANY LIABILITY IS IMPOSED ON SELLER, SUCH LIABILITY WILL BE LIMITED TO 5500.00. THIS SUM IS COMPLETE AND EXCLUSIVE AND WILL BE PAID AND RECEIVED AS THE LIABILITY LIMIT AND NOT AS A PENALTY.
9. Purchaser may increase the liability limit described above by obtaining from Seller an additional liability limit by paying Seller an additional monthly service charge. However, such increased liability limit will not be interpreted in any way to hold Seller as an insurer.
10. Seller is in no way responsible for the property of third parties. When, in the normal course of business, Purchaser has others’ property in his custody, or the Product is intended to protect the persons or property of others, or others monitor the Product, Purchaser agrees to and will indemnify, defend and hold harmless Seller, its employee and agents for and against all claims brought by parties not specified in any Agreement. This provision applies to all claims, regardless of cause, Including Seller’s performance or failure to perform, and including defects in products, design, installation, maintenance, operation or non- operation of the Product, whether based on active or passive negligence, express or implied contract or warranty, contribution or indemnification or strict product liability on the part of Seller, its employees or agents. SELLER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE PRODUCT OR SERVICE MAY NOT BE COMPROMISED, OR THAT THE PRODUCT OR SERVICE WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED.
11. Purchaser will bring to the Seller’s intention and errors or omissions in installation of the Product, including but not limited to failure to wire points of protection, in writing within five (5) days of installation completion. Upon expiration of the five (5) day period, the installation and protection provided will be deemed accepted by the Purchaser. Purchaser acknowledges that it may obtain protection beyond that provided herein at an additional cost.
12. Upon the installation or removal of the Product, Seller is not obligated to repair, redecorate or take any other action in connection with the premises described on the Agreement.
13. Seller has no liability for delays in installation of the Product, or for any service interruptions of the Product, regardless of the nature thereof, and Seller will not be required to supply service to Purchaser during the period of any delay in installation or removal of the Product.
14. Purchaser may not assign this Agreement without the Seller’s prior written consent. All maintenance services provided for under this Agreement will inure to the benefit of the original Purchaser described on the Agreement except upon Seller’s written agreement.
15. Purchaser hereby authorizes and empowers Seller, its agents and assigns, to install and maintain the Product in the premises described on the Agreement, and to inspect, test and repair the Product, to change or alter the Product at Purchaser’s request or made necessary by any changes In Purchaser’s premises, property, or equipment, after completion of the original installation, at Purchaser’s cost. Purchaser agrees to furnish any necessary’ electric current through Purchaser’s meter and at Purchaser’s expense. The parties agree the installation of and Seller’s periodic tests and inspection of the Product will be performed only on weekdays, excluding holidays, between 7:30 a.m. and 3:30 p.m. local time.
16. The parties agree that it may be necessary to connect the telephone communicator to a special device furnished by and charged to the Purchaser by the telephone company. The Installation or service on said device is not part of this Agreement.
17. SELLER WILL PERFORM REPAIRS REQUESTED BY PURCHASER DURING THE HOURS OF 7:30 A.M. AND 3:30 P.M. MONDAY THROUGH FRIDAY, EXCLUDING HOLIDAYS. PURCHASER AGREES TO PAY SELLER AN EXTRA CHARGE FOR PURCHASER-REQUESTED AFTER HOUR REPAIRS.
18. All notices under this Agreement must be in writing and delivered by first class U.S. mail, postage prepaid, to SafeCare, 749 South Grant Avenue, Indianapolis, IN 46203.
19. If a court determines any provision of this Agreement, or portion thereof, is invalid or unenforceable, such ruling shall not affect the remaining portions of this Agreement, which will remain valid and enforceable.
20. The laws of the State of Indiana govern the validity of this Agreement in all respects. The parties agree that any action to enforce this Agreement will be in a court of proper jurisdiction in Marion County, Indiana and no other.
21. This is the entire Agreement between the parties hereto pertaining to the transactions described herein. This Agreement supersedes all prior negotiations, commitments and writings. Purchaser acknowledges all terms on the Agreement are a part of this Agreement.
22. Should Purchaser fail to pay any charges herein when due, Purchaser will pay Seller interest thereon not to exceed the highest rate allowed by law, from the date payment was due until payment is made, in addition to any other remedies Seller has against Purchaser. Purchaser agrees to pay all of Seller’s reasonable collection costs, including but not limited to, reasonable attorneys’ fees and court costs.
www.SafeCareCorp.com Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate specific offenses for unauthorized actions against computer systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Anyone making purchases from SafeCare (“Customer”) must authorize SafeCare (“Company”) to provide the ordered product and/or complete the requested service, repair, or replacement and agree to pay the invoiced amount upon completion. A Customer also must certify that he/she is fully authorized to purchase the requested products and services on behalf of the specified entity and commit that entity to timely payment. Our Terms are payment in full within thirty days. Monies that remain outstanding by the due date will incur late payment interest at the rate of 1.5% per month (18% per year). All goods remain the property of the Company until paid for in full. Cash or Personal Checks, all major Credit/Debit Cards, and Bankers Draft are acceptable payment methods. Returned checks will incur a $50.00 charge to cover banking fees and administrative costs. If a second check is returned, all bookings, transactions and/or agreements previously entered into will cease with immediate effect until all outstanding monies are recovered in full. Thereafter, the Company may insist that all future transactions be paid by cash only, in advance. Any balance outstanding longer than 60 days from the invoice date will be forwarded to a collection agency and/or will be collected through the Small Claims Court if the outstanding balance does not exceed the jurisdictional limit. All Customers agree to reimburse SafeCare for the fees of any collection agency, which may be based on a percentage at a maximum of 30% of the account balance, and all costs and expenses, including reasonable attorneys’ fees, that SafeCare incurs in such collection efforts. In addition, Customers shall be liable for any and all additional administrative and/or court costs associated with debt collection through the Small Claims Court.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50.00 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Unless otherwise stated, the services featured on this website are only available within the current service area of SafeCare. All advertising is intended solely for that market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different then stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other parties’ websites which are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or facsimile members.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of United States of America govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes