Warranty & Terms and Conditions
Warranty: FireBot offers a 5-year free of manufacturer defect Warranty. It’s that simple, if there is an issue that was not caused by mishandling, neglect or improper care please reach out and we would be glad to help get your unit fixed.
Installation & Modification: Units will be installed in accordance with manufacturer’s
specs. FireBot shall not be liable for any loss or damage due to modification to the unit or installation not per manufacturer’s print specifications
Fire Suppression: FireBot is not an approved fire-extinguishing device as that term is
employed in defined in the various state and local codes of the United States. FireBot fire suppression devices are intended to augment, not to supplement, fire suppression and safety in and of environments properly equipped with sprinkler and fire extinguishing devices. FireBot does not guarantee your fire will be suppressed and holds no responsibility for any damages caused by a fire.
Limitation of Liability: In consideration of the potential relative costs and benefits
accruing to Seller for providing the System, Buyer agrees that under no circumstances shall the liability of Seller, whether in tort or in contract, arising out of use of the System, exceed the lesser of Manufactures Suggested Retail Price or the actual price paid by Buyer for the System if discounted.
FireBot is not and does not hold its products or itself out as a “Fire Extinguisher” as that term is defined in US State and Federal Law.
FireBot disclaims in its warrantee that its products will contain or extinguish fire. FireBot products are intended to augment Fire Extinguishing devices that are properly installed per local code. FireBot does not endorse nor warrant its devices to supplement or be substituted for any Fire Extinguisher or Fire Extinguishing system.
FireBot is not a “Fire Alarm” as that term is defined by the laws of any US State, local, or Federal code. FireBot does not warranty that its products will perform any of the actions a Fire Alarm is designed or specified, and/or would be expected to perform. FireBot does not warrantee its products’ performance for any safety or property protection application. FireBot shall not be held liable for incidental, consequential, or exemplary damages arising from use of its product. Under no circumstances shall damages exceed the retail price actually paid for the FireBot product unit.
agreement, shall be resolved exclusively by means of binding arbitra<on upon a Party’s submission of the dispute to arbitra<on. In the event of a dispute, controversy or claim arising out of or rela<ng in any way to this agreement, the complaining Party shall no<fy the other Party in wri<ng thereof. Within thirty (30) days of such no<ce, management level representa<ves of both Par<es shall meet at an agreed loca<on to aZempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days a[er such no<ce, the complaining Party shall seek remedies exclusively through arbitra<on. The demand for arbitra<on shall be made within a reasonable <me a[er the claim, dispute or other maZer in ques<on has arisen, and in no event shall it be made a[er two years from when the aggrieved party knew or should have known of the controversy, claim, dispute, or breach.
The par’es mutually waive the right to trial by jury. This means that any disputes
between Buyer and Seller will be resolved before one or a group of arbiters, not in a trial court that includes a jury.
This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdic<on for interim or conservatory relief, including without limita<on a proceeding to compel arbitra<on.
The arbitra<on shall be conducted by one arbitrator if the amount in controversy is less than $1 Million USD. If the amount in controversy exceeds $1 Million USD, three arbiters shall be selected. If the Par<es are not able to agree upon the selec<on of an arbitrator within thirty days of commencement of an arbitra<on proceeding by service of a demand for arbitra<on, the American Arbitra<on Associa<on shall select the arbitrator in accordance with the terms of this agreement. For three arbiters, each party shall select one arbitrator within thirty days of commencement of the arbitra<on and those two designated arbitrators shall select a third neutral arbitrator within fi[een days of their designa<on. If the two arbitrators cannot agree on selec<on of a third arbiter within twenty days of their appointment, the American Arbitra<on Associa<on shall select such arbitrator in accordance with the terms of this agreement.
Arbitra<on shall be conducted in accordance with the then exis<ng Commercial Rules of
the American Arbitra<on Associa<on. The Arbiters shall have the sole authority to determine ques<ons of arbitrability including ques<ons of jurisdic<on, venue, and standing.
The Par<es shall be en<tled to discovery in the arbitra<on. Any Party shall be en<tled to depose any expert who will tes<fy in the arbitra<on proceeding but shall pay the regular hourly rate of such expert during such deposi<on. In addi<on to the foregoing, any Party shall be en<tled to take the deposi<on of a witness who will tes<fy at the arbitra<on but who is unavailable to tes<fy at the hearing to preserve such witness tes<mony for the arbitra<on hearing.
The Par<es shall exchange a copy of all exhibits for the arbitra<on hearing and shall iden<fy each witness who will tes<fy at the arbitra<on, with a summary of the an<cipated tes<mony of such witness at least ten days before the arbitra<on hearing. The arbitrator[s] shall have no authority to award puni<ve, consequen<al, special, or indirect damages.
The cost of the arbitra<on proceeding and any proceeding in court to confirm or to vacate any arbitra<on award, as applicable (including (without limita<on, reasonable aZorney’s fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitra<on provisions of this Sec<on by bringing suit in any court of competent jurisdic<on. The par<es agree that the arbitrator shall have authority to grant injunc<ve or other forms of equitable relief to any party. This Sec<on shall survive the termina<on or cancella<on of this Agreement.
Each party shall pay its own propor<onate share of arbitrator fees and expenses and the arbitra<on fees and expenses. The arbitrator[s] shall be en<tled to award the foregoing arbitra<on and administra<ve fees and expenses as damages at his/her discre<on.
Jurisdic’on & Venue.
Arbitra<on shall be conducted in Fairfax County, Virginia. The laws of the State of Virginia shall be applied in any arbitra<on proceedings, without regard to principles of conflict of laws.
Class Ac’on Waiver: THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR PROSCRIBED BY A COURT OF LAW. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Privacy: Except as may be required by law, neither a party nor its representa<ves may disclose the existence, content, or results of any arbitra<on hereunder without the prior wriZen consent of all par<es. This mutual privacy provision is material to this agreement for the benefit of all par<es.
Intellectual Property: FireBot owns numerous pieces of US and Interna<onal intellectual property. Nothing in this agreement shall confer upon the Buyer any rights to use that intellectual property.
Duplica’on and Reverse Engineering: Buyer will not aZempt to duplicate or reverse engineer FireBot or any of its components, nor to cause or permit a third party from same. Any reverse engineering of FireBot will be liable for damages to the company and brand.