FERAD Electronics Inc. – Terms of Service Agreement

Effective as of the date indicated on the associated invoice(s) provided to our customers by FERAD Electronics Inc.

This Agreement is entered into by and between FERAD Electronics Inc. (hereinafter referred to as “FERAD”), an Alberta corporation, and the paying customer (hereinafter referred to as the “Customer”), as specified on the invoice. This Agreement governs the sale, installation, and support of equipment described in the invoice(s) (the “Equipment”).

1. Warranty

FERAD warrants that all Equipment will be free from defects in material and workmanship for 30 days from the date of purchase. A 1-year limited installation warranty is included for Equipment installed or otherwise specified on the invoice, commencing from the installation date and valid only upon full payment.

Manufacturer warranties may extend coverage beyond FERAD’s limited warranty and are subject to the respective manufacturer's terms.

Onsite repairs must be pre-approved by both FERAD and the Customer. Return of defective Equipment must be authorized via an ROE (Return of Equipment) number. The Customer is responsible for all shipping charges for returns to FERAD.

Exclusions: Damage from misuse, neglect, alteration, deliberate tampering, or failure to follow instructions will void all warranties.

2. Limitation of Liability

FERAD’s obligations are strictly limited to the Equipment and services as invoiced. FERAD is not liable for any loss, damage, or injury arising from Equipment malfunction or service interruption, including as a result of FERAD’s negligence.

FERAD is not an insurer. The Customer must maintain their own insurance to cover injury, death, or property damage. FERAD is not liable for any damages, including indirect, consequential, incidental, or punitive damages, arising from this Agreement.

The Customer assumes full responsibility for the safety of persons and property on the premises and agrees to indemnify FERAD and its affiliates against any third-party claims.

3. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, FERAD DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO:

• Merchantability

• Fitness for a particular or general purpose

• Quality and durability

• Title and non-infringement

FERAD does not warrant that the Equipment or services are immune from compromise or that they will prevent all loss or harm.

4. Payments and Fees

• Payment is due as specified on the invoice.

• FERAD charges 1.5% per month (18% per annum) on overdue balances, which become delinquent after 30 days.

• NSF payments incur a $50 fee.

• FERAD may suspend services or warranties if the Customer is delinquent.

• Additional charges may apply for false alarms, special labour conditions, or work requested outside regular hours (Mon–Fri, 8 AM–4 PM).

Preferred payment method: e-transfer to pay@ferad.com

5. Customer Responsibilities

The Customer shall:

• Provide power, internet/network, and access per FERAD's installation requirements.

• Maintain clear, safe workspaces.

• Not tamper with FERAD-installed Equipment.

• Report system issues during the warranty period.

• Perform weekly self-checks on applicable equipment.

• Ensure any hazardous materials (e.g., asbestos) are disclosed and remediated.

The Customer agrees to indemnify FERAD against damages or injuries caused by violation of these obligations.

6. Monitoring Services (If Applicable)

For active contracts including monitoring:

• The Customer must provide FERAD with up-to-date contact lists and access authorizations.

• Test the system before closing periods.

• Grant FERAD access for service-related reasons.

• Notify FERAD of any system failures in writing within 30 days of installation completion.

The Customer is financially responsible for any damages caused by fire, water, third-party interference, or natural disasters.

7. FERAD Obligations – Limitations

FERAD is not liable for delays or failures due to:

• Labour disputes

• Natural disasters

• Utility or internet outages

• Acts beyond FERAD’s control

FERAD is not responsible for replacing discontinued components or software not originally supplied.

Software and documentation remain the intellectual property of FERAD or its suppliers. Unauthorized use or copying is prohibited and subject to legal action, including injunctive relief.

8. Termination of Agreement

FERAD may terminate this Agreement immediately upon written notice if:

• The Customer breaches any part of this Agreement, including failure to pay.

• Equipment is damaged beyond repair.

• The Customer becomes insolvent or subject to bankruptcy proceedings.

The Customer may terminate this Agreement:

The Customer may terminate the Agreement if their premises are destroyed or rendered uninhabitable, but remains liable for all payments due until termination.

Upon termination, FERAD has the right to access the premises to deactivate or remove its Equipment.

9. No Subrogation

The Customer waives any right of subrogation against FERAD by their insurers.

10. Severability

If any clause in this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in effect. 

11. Entire Agreement

This Agreement (including any related invoices or work orders) constitutes the entire understanding between the parties. It supersedes any prior agreements or representations.

Modifications must be in writing and signed by an authorized FERAD representative.

By accepting and paying the invoice(s), the Customer agrees to all terms and conditions herein.

12. Intellectual Property

FERAD's name, logo, and documentation are protected intellectual property. Unauthorized use for personal or commercial gain is strictly prohibited.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the applicable laws of Canada. The parties irrevocably attorn to the jurisdiction of the courts of Alberta for any dispute arising under this Agreement.

FERAD Electronics Inc. © All Rights Reserved.