1. Scope of Agreement

These Terms and Conditions (“Agreement”) govern all service, maintenance, inspection, repair, and retrofit work (“Services”) by Symtech Fire, LLC (“Seller”) to the purchaser (“Buyer”). These Terms apply to all quotations, proposals, sales orders, and invoices issues by Seller unless expressly agreed otherwise in writing.

2. Order Acceptance

No service contract shall be binding upon Seller unless accepted in writing. Any additional or conflicting terms proposed by Buyer are rejected unless expressly accepted by Seller in writing.

3. Pricing and Payment

All prices are as quoted and exclusive of  insurance, installation, and commissioning unless otherwise stated. Payment terms are net thirty (30) days from invoice date unless otherwise agreed. Late payments may accrue interest.

4. Inherent Risk & Assumption of Risk

Buyer acknowledges that live fire training is inherently dangerous. Buyer assumes all risk of injury, death, or property damage arising from use, training, exposure, operation, or misuse of the equipment. 

5. Limitation of Liability

Seller’s liability is limited to to the service invoice amount. Seller shall not be liable for indirect, incidental, or consequential damages.

6. Indemnification

Buyer agrees to defend, indemnify, and hold harmless Seller.

7. OSHA / NFPA Disclaimer

Seller does not warrant compliance with OSHA, NFPA, or any other standards. Buyer is solely responsible for compliance, safety protocols, supervision, and instructor qualification. 

8. Service on Competitor Equipment

Seller may service third-party or competitor systems. Seller is only responsible for the specific parts and labor provided and assumes no responsibility for the overall system.

9. Limited Warranty

Seller warrants parts and labor only. All other warranties are disclaimed. 

10. Insurance

Buyer shall maintain appropriate general liability, professional liability, and workers compensation insurance. 

11. Force Majeure

Seller shall not be liable for delays or failures caused by events beyond its reasonable control. 

12. Intellectual Property

All designs, software, manuals, and training materials remain the sole property of Seller. 

13. Governing Law, Venue & Arbitration

This Agreement shall be governed by applicable law. Any dispute shall be resolved by binding arbitration in the State of New Jersey.