Terms and Conditions 2022-04-08T19:57:36+00:00

Tri West Integrated Solutions Inc. Terms and Conditions – January 2022

Owner-Provided Items or Responsibilities:

The customer will be responsible for the following, unless specified otherwise in writing:
• 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 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 not available at site, the cost of parking at the facility during project duration.
Lifting Platforms:
Any scissor lifts or raising platforms required are an above contract item and will be billed after
completion of use.
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 this installation 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 problems are provided only during normal working hours, Monday through
Friday, 8:30 a.m. ‐ 5:00 p.m., excluding holidays unless a maintenance agreement is in force and effect.
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 PURCHASER 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 A NON‐TRI WEST INTEGRATED SOLUTIONS INC. AUTHORIZED
ORGANIZATION. 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 Customer, in accordance with TriWest’s Proposal (attached). The proposal 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.
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 Proposal, subject to the terms and conditions as listed
in the Proposal and Sales and Service Agreement and in accordance with these terms and conditions. Any proposal that exceeds $5,000.00 CND an initial payment of 50% of the total price is due and payable on the acceptance of the proposal by the Customer. Tri West shall not be required to commence any
work hereunder until payment has been received. The balance of the proposal and all applicable taxes is due upon completion. 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 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 this Agreement, including but not limited to installation, maintenance, inspection, testing, and repair of the systems on its premises. Such work shall be performed in a workmanlike manner 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 Proposal. 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 Proposal. 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 Proposal. 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 Proposal and defined under “coverage type” 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 this Agreement, as necessary. Service provided by Tri West under this Agreement does not assure against, nor does Tri West assume any liability for, interruptions in operation of the equipment covered by this Agreement. 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.
5. ACCESS: Tri West’s technicians shall have full and free access upon their arrival to the equipment covered under this Agreement to provide service thereon.
6. OWNERSHIP: For existing installations, the Customer represents that it is the owner of the equipment to be serviced under this Agreement, or, if not the owner, has authority from the owner to include such equipment under this Agreement. All supplied or installed materials will remain the property of Tri West
until all related invoices for the proposal are paid in full, including all taxes and any late payment charges.
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 Proposal 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 attached Proposal or Rider “A” or Schedule as applicable.
10. EXCLUSIONS: Services to be provided by Tri West pursuant to this Agreement do not include: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 Rider “A”, schedule, or the Proposal hereto.
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.
c) Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized supplies or equipment.
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.
11. ADDITIONAL CHARGES: Unless otherwise specified in the Proposal, 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 Agreement, 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 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 this Agreement, upon giving Customer written notice thirty (30) days in advance of the effective date of such increase or decrease.
12. 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; 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. 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. Customer agrees that Tri West shall not be liable for any of
Customer’s losses or damages, irrespective of origin, to person or property, whether directly or indirectly caused by performance or non-performance of obligations imposed by this agreement or by negligent acts or omissions of Tri West, its agents, or employees. The Customer does hereby waive and
release any rights of recovery against Tri West that it may have hereunder. 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 $250.00, 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 accrual 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, or by the negligence, active or passive, of Tri West.
13. TERMINATION/PAYMENT: Tri West has the option to terminate this agreement for cause should any payment due from Customer to Tri West remain overdue for a period of more than thirty (30) days. Should Tri West elect to exercise such cancellation option, said exercise shall be in writing, sent by certified mail/email, return receipt requested, and such cancellation shall be effective upon receipt. Cancelled projects by the Customer or by Tri West will be subject to restocking fees of equipment at Tri West’s prevailing rates. For cancelled or terminated proposals, any time on the proposal and costs
incurred to 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 proposal, time to date by Tri West.
14. SUCCESSORS: The Agreement is not assignable by Customer except upon the written consent of Tri West, which consent will not unreasonably be withheld.
15. ENTIRE AGREEMENT: This Agreement is to govern the providing of services by Tri West to Customer as described herein. Nothing in this Agreement is to be construed as creating a lease or a leasehold agreement between the parties. This Agreement is not binding unless approved in writing by an
authorized representative of Tri West. 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 Agreement by its Sales Representative. This writing, together with any individually signed acceptance of Proposals, rider, other
attachments pertaining to this Agreement 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 and such Agreement, 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 Agreement may only be amended in writing signed by both parties.
16. JURISDICTION: Both the Customer and Tri West agree that this Agreement will be governed by the laws of the Province of British Columbia.

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