Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
LIMITATION OF LIABILITY AGREEMENT (STANDALONE)
BY ENGAGING THE SERVICES OFFERED BY ROBUST ELECTRICAL & FIRE PROTECTION CONSULTANTS LTD. ("ROBUST EFPC LTD."), YOU AGREE TO THE TERMS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR UTILIZE THE SERVICES.
This Limitation of Liability Agreement (the "Agreement") is made between Robust Electrical & Fire Protection Consultants Ltd. ("Robust EFPC Ltd."), and the client requesting specific services ("the Client") to be conducted at a designated property ("the Property"). The Client acknowledges that Robust EFPC Ltd.'s involvement is confined to certain elements of the fire protection or alert system (the "System") as identified or deemed accessible by Robust EFPC Ltd. during any initial evaluation, inspection, or quotation process (collectively, the "Work"). Robust EFPC Ltd. will only perform the Work if the Client accepts the terms outlined herein.
IN CONSIDERATION of the mutual agreements below, the Client and Robust EFPC Ltd. hereby agree:
1. Disclosure of Existing Issues.
The Client is responsible for notifying Robust EFPC Ltd. in writing about any known malfunctions, damage, or prior service history associated with the System or its components before any Work commences. Should this information come to light after a quote or estimate has been issued, that quote or estimate may be subject to revision.
2. Access to Property.
The Client agrees to provide unimpeded access to all necessary parts of the Property required for the completion of the Work, at no expense to Robust EFPC Ltd.
3. Risk Acknowledgement.
The Client assumes full responsibility for any and all risks related to the performance of the Work.
4. Limitation of Liability.
Unless arising from gross negligence, intentional misconduct, or criminal activity by Robust EFPC Ltd., neither Robust EFPC Ltd. nor any of its affiliates, including but not limited to shareholders, officers, directors, employees, subcontractors, successors, or assigns (collectively, the “Robust EFPC Team”), shall be liable to the Client or any third party, under any legal theory—whether contract, tort (including negligence), strict liability, or otherwise—for:
(a) loss of income, profits, business operations, or productivity;
(b) delays or interruptions in the performance or availability of services;
(c) damage to, corruption of, or inability to access data;
(d) any breaches of data or IT security;
(e) incidental, consequential, indirect, special, aggravated, punitive, or exemplary damages,
even if such losses were foreseeable or if the Client had been advised of the potential for such damages.
If any remedy outlined in this Agreement fails to fulfill its essential function, the maximum liability of the Robust EFPC Team shall in no case exceed the amount actually paid by the Client to Robust EFPC Ltd. during the calendar year in which the claim arose. Liability is strictly limited to direct damages. The remedies detailed herein shall be the exclusive recourse available to the Client in the event of any breach or failure.
5. No Warranty or Guarantee.
Robust EFPC Ltd. does not act as an insurer of the System. All services are delivered “as is,” without any form of guarantee. Robust EFPC Ltd. expressly disclaims any and all warranties—express, implied, or statutory—including but not limited to warranties of fitness for a particular purpose and merchantability. Any guidance or information provided by any member of the Robust EFPC Team does not create or extend any warranty obligation.
6. Client’s Indemnification Obligation.
The Client agrees to fully indemnify and hold harmless the Robust EFPC Team from any and all liabilities, losses, damages, claims, and expenses (including legal fees on a solicitor-client basis) arising from or related to the Work or Robust EFPC Ltd.'s presence at the Property.
7. Authority to Bind.
The Client affirms that it has the legal capacity and authority to enter into and be bound by this Agreement.
8. Duration and Applicability.
This Agreement shall:
(a) Continue in full force and effect indefinitely, without limitation as to time, and shall not expire or terminate by the passage of time, performance, non-performance, or lapse, unless and until terminated strictly in accordance with this Agreement.
(b) Be terminable solely by the mutual written agreement of both Parties, executed by duly authorized representatives, it being expressly acknowledged and agreed that neither Party shall have any unilateral right to terminate this Agreement, and neither Party may be compelled, obligated, or required to agree to termination for any reason whatsoever.
(c) upon acceptance and execution of the agreement/quotation, the Client acknowledges and agrees that the Contractor shall incur administrative, staffing, scheduling, procurement, and opportunity costs. Accordingly, in the event the Client terminates, cancels, or otherwise withdraws from this Agreement for any reason whatsoever prior to the commencement or performance of the Work, the Client shall be liable to the Contractor for a cancellation fee equal to fifty percent (50%) of the total Contract value. The Parties expressly agree that this cancellation fee represents a genuine pre-estimate of the Contractor’s damages and is not a penalty. The cancellation fee shall be due and payable to the Contractor within ten (10) business days of written notice of termination and shall survive the termination or expiry of this Agreement. This provision shall be interpreted and enforced in accordance with the laws of the Province in which the Work is to be performed and the federal laws of Canada applicable therein;
(d) Apply to and govern all obligations, duties, liabilities, and claims of any nature whatsoever, whether known or unknown, asserted or unasserted, and whether arising or accruing before, during, or after the commencement, performance, suspension, completion, or termination of the Work, and shall survive the completion, expiry, or termination of this Agreement to the fullest extent permitted by applicable Canadian law.
9. Governing Terms.
In any instance where the terms of this Agreement conflict with those of another document, this Agreement shall prevail, unless such alternate document is in writing, executed by both parties, and explicitly states that it supersedes this Agreement.
10. Applicable Law.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia. It shall benefit Robust EFPC Ltd. and its legal successors and assigns, and shall be binding upon the Client and their respective successors and assigns.
11. Material Cost Variability.
Ongoing trade tariffs involving Canada and the United States, and corresponding Canadian countermeasures, may impact the pricing of key raw materials and equipment used in fire protection systems. While all estimates are current as of the date provided, final pricing must be verified with manufacturers and suppliers before Robust EFPC Ltd. can accept authorization to proceed with any materials-dependent portion of the Work. Should costs fluctuate, a revised quote will be provided for the Client’s review and approval before proceeding.
THIS DOCUMENT INCLUDES A WAIVER OF CERTAIN LEGAL RIGHTS AND INCLUDES AN INDEMNITY CLAUSE.
PLEASE REVIEW IT CAREFULLY AND CONSULT LEGAL COUNSEL IF NEEDED BEFORE PROCEEDING WITH ANY SERVICES.

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