1. Scope of Agreement

These Terms and Conditions (“Agreement”) govern the sale of Fixed Fire Training Props and Systems, props, components, controls, accessories, and related equipment (“Products”) 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 order 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 taxes, duties, freight, 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. Risk Transfer

Risk of loss transfers to Buyer upon shipment.

5. Inherent Risk & Assumption of Risk

Fixed systems involve unpredictable hazards. Buyer acknowledges that Fixed Products are used in dynamic, live-fire training environments involving flames, fuels, heat, smoke, and unpredictable variables. Buyer assumes all risk of injury, death, or property damage arising from use, training, exposure, operation, or misuse of the equipment. Buyer assumes all risks associated with ownership, installation, operation, training, and use of the Products, including exposure by Buyer’s employees, members, trainees, and end-users. 

6. Limitation of Liability

Seller’s liability is limited to the purchase price of the Product. Seller shall not be liable for indirect, incidental, or consequential damages.

7. Indemnification

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

8. 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. 

9. Burn Materials & Fuels

Seller does not control or warrant the behavior of fuels, ignition sources, burn materials, or environmental conditions. Buyer assumes full responsibility for selecting, handling, and using all fuels and materials.

10. Limited Warranty

Seller warrants Fixed Products shall be free from defects in materials and workmanship for a limited period specified in the quotation. All other warranties are disclaimed.

11. Insurance

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

12. Force Majeure

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

13. Intellectual Property

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

14. Export Controls

Buyer agrees to comply with all U.S. export laws.

15. 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.