Schedule A

Tri West Integrated Solutions Inc. – Terms and Conditions (Updated 2022):

Owner-Provided Items or Responsibilities:

• The customer will be responsible for the following, unless specified otherwise in writing or under agreement with Tri West Integrated Solutions Inc.
• Power at our designated locations, regulated, clean 110VAC power and an isolated grounding or equivalent.
• LAN & Phone Connections At our designated locations, LAN/WAN connection together with static IP address, subnet, and gateway.
• Analogue phone line or Internet for alarm panel monitoring adjacent to the main alarm panel.
• Space for Equipment Installation Provision of space for mounting our electronic equipment. The space must have an operating environment suitable for the specified equipment.
• Governmental Fees and taxes sales and user taxes, permits and fees to the appropriate governmental authority.
• Documentation as-built drawings, and other detailed engineering for the system. These can be provided as an above contract item.

Lightning Protection:

Although the system equipment includes the original manufacturer’s standard lightning and power protection, there is no guarantee provided against damage due to either of these sources. The additional lightning protection may be required or recommended. The required coordination with other trades may be required for the set up of additional lightning protection. Additional equipment required to achieve any interface or integration, unless specified in our proposal, can be made available as an above contract item.

Parking:

If parking is not available at the site for our required team members while preforming the approved work/service/project, then additional costs will be applied to the final invoice for the cost of parking and administrative related charges.

Lifting Platforms:

Any articulating/scissor/boom lift or lifts required for approved work/service/project are an above contract item, unless otherwise detailed in writing, and will be billed upon completion of use and removed from site.

De-Installation and Repair:

De-Installation and Relocation of old or de-commissioned equipment. Patching and / or repair / painting of holes exposed after the removal of existing equipment. Patching and / or repair / painting of drywall or walls required to be performed during the installation or service of the system.

Warranty:

We warranty our installations to the original purchaser to be free from defects in material and workmanship under normal use during the warranty period. This period will be as follows:

Materials: Products will be repaired or replaced, at our option, without charge for a period of 365 days (1 year) upon completion of the work/proposal/service. Access Cards will be warranted for a period of 1‐year.

Labor: Products will be repaired or replaced at our option without charge for a period of 365 days (1 year). Labor to correct warranty or workmanship problems are provided only during normal working hours, Monday through Friday, 8:30 a.m. ‐ 5:00 p.m., excluding holidays, evenings, or weekends unless a maintenance agreement is in force and effect or outside regular hour service charge is approved in writing by the Customer.

Clarification: Consumable items such as intensifiers, ribbons, cartridges, and batteries, will be warranted in accordance with the original manufacturer’s warranty only. Devices including, but not limited to, fuses and/or power and/or lightning transient protectors/suppressors, which are designed to fail in order to protect the security system equipment(s) are not included in the warranty.

Software: All software is warranted to perform and operate in accordance with published specifications at the time of sale. In the event of a program defect, the sole obligation of Tri West Integrated Solutions Inc. shall be to make available all published modifications that correct program problems which are published within one (1) year from date of purchase, provided the Purchaser has returned the Registration Form delivered with the software package. The warranty will not apply to any product or installation which has been misused, abused, or altered.

Warranty Conditions:

THE ONLY WARRANTY PROVIDED BY TRI WEST INTEGRATED SOLUTIONS INC. IS THE LIMITED WARRANTY STATED ABOVE WHICH SHALL NOT EXTEND BEYOND THE PERIOD STATED ABOVE. TRI WEST INTEGRATED SOLUTIONS INC. MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO RESPONSIBILITY IS ASSUMED FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF TRI WEST INTEGRATED SOLUTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WARRANTY WILL BE VOIDED IF, DURING THE WARRANTY PERIOD, THE CUSTOMER CONNECTS TO OR INTERCONNECTS WITH SUBSEQUENT TO THE INITIAL INSTALLATION, DEVICES NOT SUPPLIED OR INSTALLED BY TRI WEST INTEGRATED SOLUTIONS INC. THE WARRANTY WILL ALSO BE VOIDED IF WARRANTED EQUIPMENT IS SERVICED BY AN UNAUTHORIZED PERSON OR PERSONS NOT DIRECTLY EMPLOYEED OR CONTRACTED BY TRI WEST INTEGRATED SOLUTIONS. THE WARRANTY PERIOD SHALL COMMENCE WHEN CUSTOMER HAS BENEFICIAL USE OF THE SYSTEM, OR COMPLETION OF SYSTEM INSTALLATION, WHICHEVER OCCURS FIRST.

TERMS AND CONDITIONS:

1. TERM: This estimate is valid for 60 days and is subject to changes or updates by Tri West as required or post 60 days from being issued.
2. SERVICES: Tri West Integrate Solutions Inc., hereinafter referred to, as Tri West shall install, service, and warranty the system(s) as designed by Tri West and approved by the Customer, in accordance with Tri West’s estimate (the “Estimate”). The Estimate is based on Tri West’s initial evaluation and does not include additional parts, materials, or labour which may be required after work has commenced to complete the work/service/install and additional charges may apply that will be billed at the time of or at the completion of the project.
3. INSTALLATION CHARGES: The Customer agrees to pay Tri West, its agents or assigns, the installation charge and, if applicable, the maintenance, and/or lease charge as listed in the Estimate, subject to the terms and conditions as listed in the Estimate and in accordance with these terms and conditions. Any estimate/proposal that exceeds $5,000.00 CND an initial payment of 50% of the total price is due and payable within 15 business days of the acceptance of the estimate/proposal by the Customer. Tri West shall not be required to commence any work hereunder until payment has been received and cleared. The balance of the proposal and all applicable taxes is due upon completion. Any required permits and associated fees will be billed separately. The payment schedule for all projects exceeding $5,000.00 CND is as noted in this section unless agreed to in writing between Tri West and the Customer in the estimate/proposal or additional installation or service agreement.
4. INSTALLATION, MAINTENANCE, SERVICE: Customer hereby authorizes and empowers Tri West to perform or cause to be performed the work necessary to fulfill the terms of the Estimate, including but not limited to installation, maintenance, inspection, testing, and repair of the systems on its premises. All work completed by Tri West is to be to industry standards and completed by competent, qualified professionals, in a good and workmanlike manner and in accordance with Tri West’s standard practices and shall be completed in accordance with a mutually agreed upon schedule, unless stated otherwise in the Estimate. The obligation of Tri West to provide service related to the maintenance of the system pertains solely to the items specified in the bill of materials as listed in the Estimate. Tri West is not obligated to maintain, repair, service, replace, operate, or assure the operation of any device, system, or property belonging to Customer or to any third party to which such specified systems or components are attached, unless specifically agreed upon in the signed and approved Estimate. In order to protect the Customer from losses resulting from, damage to, or destruction of Tri West systems, the Customer shall include such systems in the coverage provided in its liability and fire insurance policies. Tri West will provide service availability in accordance with the coverage requirements listed in the Estimate and defined while the equipment is located on the premises upon which it was installed. The service to be provided is intended to keep the equipment in, or restore the equipment to, good working order. Unscheduled, on-call remedial maintenance, is also to be provided by Tri West under the Estimate, as necessary. Service provided by Tri West under the Estimate does not assure against, nor does Tri West assume any liability for, interruptions in operation of the equipment covered by the Estimate. When covered by our Full-Service Agreement, the service also includes preventative maintenance based upon the specific needs of the individual equipment as determined by Tri West and detailed in the Full-Service Agreement.
5. ACCESS: Tri West’s technicians shall have full and free access upon their arrival to the equipment covered under the Estimate to provide service thereon.
6. OWNERSHIP: For existing installations, the Customer represents that it is the owner of the equipment to be serviced under the Estimate, or, if not the owner, has authority from the owner to include such equipment under the Estimate. All supplied or installed materials will remain the property of Tri West until all related invoices for the Estimate are paid in full, including all taxes and any late payment charges, unless otherwise specified.
7. OPERATION: Customer represents and agrees to properly test and set the system on every closing and to properly turn off the system on each opening (if applicable); to test any detection device, or other electronic equipment designated in the Estimate prior to setting the system for closed periods and to notify Tri West promptly if such equipment fails to respond to the test; to use the equipment properly and follow proper operating procedures (if customer requires Tri West service); if Tri West representatives are sent to Customer’s premises in response to a service call or alarm signal caused by the Customer improperly following operating instructions or failing to close or properly secure a protected point, to pay an additional service charge at the prevailing rate per occurrence; and that all walls, doors, skylight, windows or other elements of the premises as now constructed or to be constructed are or will be placed and maintained in such condition, at Customer ‘s expense, as to permit proper installation and operation of the system(s).
8. DELAYS – INTERRUPTION OF SERVICE: Tri West shall not be liable for any delays, however caused, or for interruptions of service caused by strikes, riots, floods, acts of nature/God, loss of communication and or other signal transmission lines, or by any event beyond the control of Tri West. Tri West will not be required to furnish service to Customer while such interruption shall continue.
9. EQUIPMENT COVERED: Refer to maintenance/service agreement or manufacture warranty or warranty as listed herein.
10. EXCLUSIONS: Services to be provided by Tri West pursuant to the Estimate do not include:
11. a) Repair of damage or increase in service time caused by failure to continually provide a suitable operating environment with all facilities as prescribed by Tri West and/or the equipment manufacturer, including, but not limited to, the failure to provide, or the failure of, adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in the Estimate or schedule hereto.
12. b) Repair of damage or increase in service time caused by use of the equipment for other than the ordinary use for which the equipment was designed or purpose for which it was intended.
13. c) Repair of damage, replacement parts (due to other than normal wear and tear) or repetitive service calls caused by the use of unauthorized supplies or equipment.
14. d) Repair of damage or increase in service time caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lightning; transportation, neglect or misuse, alterations, which shall include, but not be limited to, any deviation from Tri West’s physical, mechanical, or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic interconnecting to non-Tri West equipment and devices not supplied by Tri West. e) Electrical work external to the equipment or accessories furnished by Tri West.
15. ADDITIONAL CHARGES: Unless otherwise specified in the Estimate, service charges for the system are based upon coverage as specified in the “hours of operation.” Service performed outside this window, or because of the failure of the Customer to adhere to the requirements as specified by either the manufacturer or outside the scope of the Estimate, shall be chargeable at Tri West’s prevailing rates. Customer shall not tamper with, adjust, alter, move, remove, or otherwise interfere with equipment without Tri West’s specific permission, nor permit the same by other contractors. Any work performed by Tri West to correct Customer’s breach of the foregoing obligation shall be corrected and paid for by Customer at Tri West’s prevailing rates. Remedial maintenance due to Acts of Nature/God or events beyond the control of Tri West shall be corrected by Tri West and paid for by Customer in accordance with Tri West’s prevailing rates. Tri West shall have the right to increase or decrease the periodic service charge provided above at any time or times after the expiration of one year from the date service is operative under the Estimate, upon giving Customer written notice thirty (30) days in advance of the effective date of such increase or decrease.
16. LIQUIDATED DAMAGES – Tri West’s LIMITS OF LIABILITY: It is understood that Tri West is not an insurer; that insurance for whatever reason or purpose and in whatever amount shall be obtained by Customer, if any is desired expect for as indicated herein; that the sums payable hereunder to Tri West by Customer are based upon the value of services offered and the scope of liability undertaken and such sums are not related to the value of property belonging to Customer or to others located on Customer’s premises. Customer does not seek indemnity by this Agreement from Tri West and specifically waives any rights for indemnity for any damages or losses caused by hazards to Customers, Invitees, Guests, or property, provided not due to Tri West’s negligence, fraud, willful misconduct or breech of this Agreement. Tri West MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SYSTEMS IT INSTALLS OR THE SERVICES IT FURNISHES WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTEMS AND SERVICES ARE DESIGNED TO DETECT. It is agreed that it is impractical and impossible to fix actual damages which may arise from situations where there may be a failure of services provided, due to the uncertain value of Customer’s property or the property of others kept on the protected premises which may be lost, stolen, destroyed, damaged, or otherwise affected by occurrences which the system is designed to detect or avert. Due to the inability of Tri West to establish a causal connection between systems or service problems and Customer’s possible loss, it is further agreed that if Tri West should become liable for any losses or damages attributable to a failure of systems or services in any respect, its total liability to Customer shall be limited to amount of the Estimate-, which the Customer agrees is reasonable. The payment of this amount shall be Tri West’s sole and exclusive liability regardless of the amount of loss or damage incurred by the Customer. No suit or action shall be brought against Tri West more than one (1) year after the discovery of the cause of action therefor. Since it is agreed that the Customer retains the sole responsibility of the life and safety of all persons in the protected premises, and for protecting against losses to his own property or the property of others in the protected premises, Customer agrees to indemnify, defend and hold harmless Tri West from any and all such claims and lawsuits including the payment of all damages, expenses, costs, and attorney fees incurred by Tri West, its employees and agents, from and against all claims, lawsuits and losses, by persons not a party to this Agreement, against Tri West for failure of its equipment or services in any respect, alleged to be caused by the improper operation of the system, whether due to malfunctioning or non-functioning of the system, except if due to the negligence of Tri West.     
17. TERMINATION/PAYMENT:  Tri West has the option to terminate the Estimate for cause should any payment due from Customer to Tri West remain overdue for a period of more than sixty (60) days. Should Tri West elect to exercise such cancellation option, said exercise shall be in writing, sent by certified mail/email, if by email a read and return receipt requested, and such cancellation shall be effective upon receipt. Cancelled projects by the Customer will be subject to restocking fees of equipment and cancellation charges for the Estimate up to 25% of the total of the Estimate. For cancelled or terminated estimate/proposal/agreement, costs incurred by Tri West will be billed to the Customer and the Customer agrees to pay all outstanding charges and costs incurred to Tri West including but not limited to restocking fees, special ordered equipment or suppliers that may be non-returnable for the Estimate up to the date of cancellation or termination.
18. SUCCESSORS: The Estimate is not assignable by either party except upon the written consent of the other party, which consent will not unreasonably be withheld or delayed.
19.  Insurance: Tri West shall maintain adequate insurance coverage consistent with that of other professionals providing similar services in the industry, including general liability insurance with a limit of not less than $2,000,000 per -occurrence. 
20. ENTIRE AGREEMENT: This Estimate is to govern the providing of services by Tri West to Customer as described herein. Nothing in this Estimate is to be construed as creating a lease or a leasehold agreement between the parties. This Estimate is not binding unless approved in writing by an authorized representative of Tri West and the Customer. If approval is not obtained, the only liability of Tri West shall be to return to Customer the amount, if any, paid to Tri West upon the signing of the Estimate. This writing, together with any individually signed acceptance of proposals, rider, other attachments pertaining to this Estimate is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms of such Estimate, notwithstanding any prior, contemporaneous or subsequent purchase order or other document relating to said subject matter. There is no course of dealing or usage of the trade what would supplement or conflict with its terms. This Estimate may only be amended in writing signed by both parties.
21. JURISDICTION: Both the Customer and Tri West agree that this Estimate agreement will be governed by the laws of the Province of British Columbia