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Terms and Conditions

Any changes to the building to meet local or state codes are to be made by Purchaser. Any changes in the Work required due to building conditions discovered in the performance of the Work will be paid by Purchaser.
No work, service materials, equipment or terms and conditions, other than as specified hereunder, are included or intended. Our price assumes that work will be performed during regular working hours only.
Purchaser retains its normal responsibilities as Owner of the equipment which is subject of this Agreement.
Schindler will not be liable for damages of any kind, in excess of the Price of this Agreement, nor in any event for special, indirect, consequential or liquidated damages.
Any cutting and patching is by others and not included in this work.
Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either party's suppliers or Subcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay of the time as may be reasonably necessary to compensate for the delay.
Schindler guarantees that the equipment will comply with the foregoing specifications and if promptly notified in writing will, at Schindler's expense, correct any defects in such equipment occurring within one year from the date of final acceptance, which are not due to ordinary wear and tear or to improper use, care and maintenance. The correction of such defects constitutes the limit of the responsibility. THERE ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, OTHER THAN OF TITLE. The equipment installed under this agreement requires maintenance service, such as periodic examinations, lubrication and adjustment made by competent elevator mechanics. This guarantee is not intended to supplant this normal servicing of the equipment and it is not to be construed that Schindler will provide free maintenance service of this type, except as may be provided under other provisions of the contract, or that Schindler will correct, without charge, breakage, maladjustment or other troubles occurring as a result of improper or inadequate maintenance.
Purchaser agrees to defend, indemnify and hold Schindler harmless from and against any claims, lawsuits, demands, judgments, damages, costs and expenses arising out of this Agreement except to the extent caused by or resulting from the sole and direct fault of Schindler.
Payment will be made by Purchaser in accordance with our proposal. Late payment will entitle Schindler to costs of collection, late costs, including attorneys’ fees and interest.
Any proprietary material, information, data or devices contained in the Equipment, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords.

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