FP Solutions General Terms and Conditions

Effective March 1, 2026
(replaces all previous versions)

 

DEFINITIONS
For purposes of this Contract: 

• "AHJ" means Authority Having Jurisdiction. 

• "Contract" means these General Terms and Conditions together with any attached scope of work, proposal, quotation, or change order. 

• "NFPA Standards" means the versions of NFPA codes adopted by Wisconsin (e.g., NFPA 13/13R/13D (2019 edition) and NFPA 25 (2011 edition) as enforced by the AHJ. 

• "Services" means fire sprinkler system design, installation, inspection, testing, maintenance, repair, alteration, or related services provided by FP Solutions, LLC (“FP Solutions”) to the customer identified in the proposal (“Customer”). 

• Other terms are defined as used herein.

 

These terms reflect current industry standards and practices for fire protection services as of the effective date, including alignment with applicable NFPA codes and emerging considerations for connected systems and maintenance.

 

ALARM MONITORING SERVICES
Any reference to alarm monitoring services in this Contract is for pricing purposes only. Such services are provided under FP Solutions' separate standard alarm monitoring agreement, which must be executed prior to commencement. FP Solutions shall not provide monitoring unless that agreement is signed. In case of conflict, the monitoring agreement prevails for those services.

 

ANTI-BRIBERY / COMPLIANCE WITH LAWS
Both parties shall comply with all applicable anti-corruption laws (e.g., FCPA), export controls, and other regulations. FP Solutions certifies no use of forced or child labor in its supply chain. Customer represents compliance with all laws applicable to its facility and the Services.

 

ASSIGNMENT
Customer may not assign this Contract or any rights hereunder without FP Solutions' prior written consent, which may be withheld at FP Solutions' discretion. Any attempted assignment without consent is void, and FP Solutions may terminate the Contract. FP Solutions may assign this Contract to its affiliates, subsidiaries, or successors without Customer's consent. This Contract binds and inures to the benefit of the parties and their permitted successors and assigns.

 

CHANGES, ALTERATIONS, ADDITIONS
Changes, alterations, or additions to the scope of work, plans, specifications, or schedule must be approved in writing by an authorized FP Solutions representative via a signed change order. Approved changes that increase or decrease FP Solutions' costs shall result in a corresponding adjustment to the Contract price, agreed upon in advance. If no agreement is reached but FP Solutions proceeds to avoid delays, FP Solutions' estimate (based on current rates) shall be deemed accepted. Disputes over estimates shall be negotiated in good faith for up to 10 days; if unresolved, FP Solutions may suspend work or terminate. Changes due to updated laws, codes (including current NFPA revisions), or site conditions post-execution are treated as changes hereunder. Customer shall pay associated costs.
 

CODE COMPLIANCE
FP Solutions' Services comply with applicable codes and standards (e.g., NFPA 13, 25, and local AHJ requirements) in effect at proposal date. FP Solutions does not undertake general compliance inspections unless specified in the scope. Customer is solely responsible for overall facility compliance, including any AHJ-mandated modifications. FP Solutions shall notify Customer of observed non-compliances, but ultimate responsibility remains with Customer.

CONTRACTUAL LIMITATION PERIOD
Any claim, lawsuit, or action (in contract, tort, or otherwise) arising from FP Solutions' Services or materials must be filed within one (1) year from when Customer knew or should have known of the claim. Customer waives longer statutory periods. If unenforceable, the shortest permissible period applies.

 

CUSTOMER RESPONSIBILITIES
Customer shall maintain adequate heat (per NFPA guidelines) to prevent freezing or damage to the system. Customer acknowledges systems are vulnerable to water intrusion, ice, corrosion (e.g., MIC), or other undetectable conditions. FP Solutions disclaims responsibility for such issues unless caused by its negligence. Per NFPA 25 (2011 edition) and other standards, Customer must maintain the system, including drainage, annual internal inspections (e.g., valves for dry/preaction systems), and prompt notification to FP Solutions of impairments within 24 hours. Customer shall protect against cyber threats for smart systems and environmental changes. Customer indemnifies FP Solutions for damages from failure to maintain. Customer provides pre-work site assessments upon request. Customer shall maintain a supply of spare sprinklers per NFPA 25 (2011 edition) requirements, including appropriate types and quantities. FP Solutions may advise on inventory during inspections, but Customer is solely responsible for compliance and availability.

 

DATA PROTECTION
If Services involve data-collecting systems (e.g., smart monitoring), FP Solutions complies with applicable data laws (e.g., CCPA). Data is used solely for Services; Customer consents to sharing with AHJ/manufacturers as needed. No liability for breaches unless gross negligence. For connected/smart fire protection systems, Customer is responsible for network security, firewalls, access controls, and compliance with applicable cybersecurity standards (e.g., NIST, CISA guidelines). FP Solutions provides systems compliant with manufacturer cybersecurity features at installation but disclaims liability for breaches, unauthorized access, ransomware, or cyber-induced failures unless caused by FP Solutions' gross negligence. Customer indemnifies FP Solutions for claims arising from Customer's network vulnerabilities.

 

DEFAULT
Default by Customer includes non-payment, interference with performance, insolvency proceedings, or liens/attachments not vacated within 10 days. Upon default, FP Solutions may provide written notice (except for payment defaults) and allow 10 days to cure. Uncured defaults allow FP Solutions to accelerate payments, suspend/terminate Services, repossess materials, or pursue remedies cumulatively. Accelerated amounts bear interest at 18% per annum (or maximum legal rate). Customer pays collection costs, including attorneys' fees. Customer may terminate for convenience upon 30 days' written notice, paying for all Services performed plus reasonable demobilization costs and lost profit (15% of remaining contract value). FP Solutions may suspend Services for non-payment or safety hazards until cured.

 

DELAYS
FP Solutions is not liable for delays due to force majeure events, including acts of God, pandemics, supply chain disruptions, labor shortages, Customer acts/omissions, AHJ actions, fires, floods, wars, strikes, material shortages, transportation delays, cybersecurity incidents affecting supply chains or labor, AHJ-mandated shutdowns, material unavailability due to global events, or other causes beyond control. Completion extends by the delay period, plus reasonable remobilization time. FP Solutions notifies Customer within 5 days of delays. Customer reimburses delay costs caused by it. If work discontinues, unpaid amounts (less unfurnished value) are due upon invoice.

 

ENTIRE CONTRACT
This Contract is the complete, exclusive agreement, superseding prior understandings. Amendments require written signature by FP Solutions' officer; emails confirmed by officer suffice. Customer consents to electronic signatures, notices, and storage of records per UETA/ESIGN. Customer's terms are rejected; acceptance is conditioned on these terms. Additional proposals incorporate this Contract unless a new one supersedes. No course of dealing modifies.

 

EXCAVATION
If FP Solutions excavates, unforeseen conditions (e.g., rock, water, shoring needs) are extras at standard rates, documented with photos and notice to Customer before proceeding.

 

EXCLUSIVE LIMITED WARRANTY
Unless a different warranty period or terms are expressly specified in the applicable proposal, quotation, or change order (in which case those specific terms shall take precedence and govern), the following warranty provisions apply:  

New equipment is warranted free from defects for 1 year from delivery/installation. Parts: 30 days or manufacturer's warranty. Labor: free to correct FP Solutions' prior repairs within 30 days. Leak repairs: 30 days. For smart systems, warranty includes software updates per manufacturer for 1 year. Warranty excludes abuse, alterations, improper maintenance, or third-party work. EXCEPT AS STATED, FP SOLUTIONS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS. No employee representations bind FP Solutions. Third-party modifications void warranty. Liability for injury/death/property damage is limited to the Contract price. Claims require written notice within warranty period.

 

HAZARDOUS CONDITIONS
Customer represents no hazards (e.g., asbestos, lead, mold, radon, infectious risks, MIC) exist. If encountered, FP Solutions stops work until Customer certifies safety via independent testing. Customer pays disruption/remobilization costs and indemnifies FP Solutions. Hazards remain Customer's property/responsibility.

 

IMPAIRMENT PROCEDURES AND NOTIFICATION
In the event of any impairment, deficiency, or shutdown of the system (whether identified by FP Solutions or Customer), Customer shall immediately notify FP Solutions in writing and, as required by NFPA 25 (2011 edition) and applicable AHJ rules, promptly notify the Authority Having Jurisdiction, local fire department, and any central monitoring station. Customer is responsible for implementing temporary safeguards (e.g., fire watches) during impairments. FP Solutions may provide impairment tagging and recommendations, but Customer bears sole responsibility for compliance and any resulting liabilities. Delays in notification or remediation may relieve FP Solutions of related liability.

 

INDEMNIFICATION
To the fullest extent permitted by law, the Customer agrees to indemnify, defend, and hold harmless FP Solutions, its affiliates, officers, employees, agents, and subcontractors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees, expert fees, and court costs) arising out of or in any way related to the Services, materials, or this Contract, except to the extent such claims are directly caused by FP Solutions' gross negligence or willful misconduct.  This indemnity includes, without limitation, claims brought by third parties (including subrogation claims by insurers), claims related to property damage, personal injury, death, or breach of any obligation of the Customer under this Contract. FP Solutions shall have the sole right to control the defense and settlement of any indemnified claim.  The parties' indemnity obligations under this section are mutual with respect to claims arising from each party's own negligence, but the Customer's indemnity obligations shall apply broadly as set forth above. This indemnity survives termination or expiration of the Contract.

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INCIDENTAL LOSSES
The Customer shall bear and be responsible for any loss, damage, theft, or destruction to FP Solutions' materials, tools, equipment, or property while on or about the Customer's premises or project site, except to the extent such loss is caused by FP Solutions' sole negligence.  The Customer agrees to maintain adequate insurance coverage (including property and inland marine insurance) to protect FP Solutions' property while on site and shall provide proof of such coverage upon request. This provision survives termination or expiration of the Contract.

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INSURANCE
The Customer shall, at its own expense, maintain the following insurance coverages during the term of this Contract and for a period of at least one year thereafter, with insurers rated A- or better by A.M. Best:  

• Commercial General Liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate,  

• Automobile Liability insurance covering owned, non-owned, and hired vehicles with limits of not less than $1,000,000 combined single limit,  

• Workers' Compensation insurance in compliance with applicable law and Employers' Liability with limits of not less than $1,000,000,  

• Property insurance covering the Customer's facility and contents, and  

• Cyber Liability insurance with limits of not less than $1,000,000 per occurrence covering data breaches, ransomware, system restoration, and related liabilities.

 

FP Solutions shall be named as an additional insured on the Customer's Commercial General Liability, Automobile Liability, and Cyber Liability policies (where feasible), with coverage primary and non-contributory to any insurance maintained by FP Solutions. The Customer shall provide certificates of insurance evidencing these coverages upon request and prior to commencement of Services.  

 

FP Solutions maintains Professional Liability (Errors & Omissions) insurance appropriate for fire protection services. Where the Services involve design or engineering, the Customer's insurance shall include Professional Liability coverage with limits acceptable to FP Solutions. Failure to maintain required insurance constitutes a material default under this Contract.

 

LAW AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws principles.  Any dispute, claim, or action arising out of or relating to this Contract shall be brought exclusively in the state or federal courts located in Waukesha County, Wisconsin (or the courts to which appeals may be taken therefrom). Each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum, lack of jurisdiction, or similar grounds.  At FP Solutions' sole election, any dispute may instead be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) in Waukesha County, Wisconsin. Service of process in any proceeding may be made anywhere in the world as permitted by law. This provision survives termination or expiration of the Contract.

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LIEN LAWS
In accordance with Wisconsin construction lien law (and similar laws in other jurisdictions where applicable), FP Solutions hereby notifies the Customer that persons furnishing labor, services, materials, or equipment for the project may have lien rights against the Customer's property if not paid.  

The Customer agrees to cooperate fully in ensuring all potential lien claimants are paid and shall promptly forward any lien notices received to its lender (if any) and to FP Solutions. Non-payment by the Customer authorizes FP Solutions to file and enforce liens as permitted by law. The Wisconsin-specific statutory notice is incorporated by reference and shall apply as required.

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LEGAL NOTICE
All notices, consents, approvals, or other communications required or permitted under this Contract must be in writing and shall be deemed effectively given:  

• Upon personal delivery,  

• One business day after deposit with a nationally recognized overnight courier (e.g., FedEx, UPS),  

• Three business days after deposit in the U.S. mail, certified or registered with return receipt requested, or  

• Upon confirmed transmission by email (with read receipt or other confirmation requested) to the email address specified in the proposal or otherwise provided by the party.

 

Notices shall be sent to the addresses or email addresses set forth in the proposal or as otherwise updated in writing by a party. Either party may designate a different address by giving written notice in accordance with this section. This provision survives termination or expiration of the Contract.

 

LIMITATION OF LIABILITY
FP Solutions makes no guarantee the system will always perform as intended or detect all issues. Inspections are advisory per NFPA 25 (2011), not exhaustive or code reviews. FP Solutions is not an insurer. Total liability (contract/tort/etc.) capped at the greater of $1,000 or 10% of the Contract price (general) or $10,000 (gross negligence). Excludes consequential, indirect, punitive damages (e.g., lost profits, business interruption). For smart systems, no liability for cyber incidents unless gross negligence. Limitation survives failure of remedy.

 

MODIFICATIONS AND SUBSTITUTIONS
FP Solutions may modify or substitute materials, designs, or components used in the Services, as long as the modified or substituted item:  

• Maintains at least the same level of performance and utility, and  

• Meets or exceeds the specifications in the Contract.

 

OSHA COMPLIANCE
Customer indemnifies FP Solutions for OSHA/safety regulation claims unless FP Solutions' exclusive control. FP Solutions complies with applicable safety standards.

 

OVERTIME
All work performed outside of regular hours shall be charged at overtime rates. Regular hours are defined as 7:00 AM to 4:00 PM, Monday through Friday, excluding recognized holidays.  

Any work required outside these regular hours, including evenings, nights, weekends, or holidays, will be billed at double time (2x the standard hourly rate). On recognized holidays, all hours worked will also be charged at double time.  

In addition to overtime labor rates, the Customer agrees to pay a separate off-hours service charge for any work performed outside regular hours. This off-hours service charge covers administrative, coordination, mobilization, and other associated costs incurred by FP Solutions for scheduling and performing work during non-regular hours, and will be billed at the rate specified in the applicable proposal, quotation, or invoice (or at FP Solutions' standard off-hours service charge rate in effect at the time if not otherwise specified).  

Unless otherwise expressly specified in the proposal, quotation, or change order, all work is assumed to be scheduled during regular hours. If the Customer requires or causes work to be performed outside regular hours, both overtime rates and the off-hours service charge will apply. The Customer agrees to reimburse FP Solutions for all such overtime charges and off-hours service charges.

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PAYMENT
All invoices are due and payable net 30 days from the date of the invoice unless otherwise expressly specified in the applicable proposal, quotation, or change order (in which case the payment terms in those documents shall take precedence and govern). 

 

Late payments shall accrue interest at a rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is lower), calculated from the due date until paid in full.  

In the event of non-payment or delinquency, the Customer agrees to reimburse FP Solutions for all reasonable costs of collection, including but not limited to attorneys' fees, court costs, and collection agency fees.  

 

If payment is not received when due, FP Solutions may, at its sole discretion and without waiving any other rights or remedies:  

• Suspend or terminate performance of the Services until full payment is received,  

• Accelerate all remaining payments under the Contract and declare them immediately due and payable,  

• File mechanic's liens or other security interests as permitted by law, and/or  

• Pursue any other remedies available under the Contract or applicable law.

 

For projects with a total Contract price exceeding $10,000 (unless otherwise specified in the proposal, quotation, or change order):  

• A 50% deposit is required prior to commencement of work,  

• Monthly progress billings will be issued based on the percentage of work completed and materials furnished,  

• Final payment is due upon substantial completion or as otherwise specified.

 

No retainage shall be withheld by the Customer unless expressly agreed to in writing in the proposal, quotation, or a signed change order. If retainage is agreed upon, it shall be released in accordance with the terms set forth therein and applicable Wisconsin law.  

All payments shall be made in U.S. dollars without setoff, deduction, or withholding unless required by law.  

 

This precedence clause ensures that project-specific terms in the proposal (e.g., custom net terms, different deposit amounts, or retainage arrangements) override the general defaults here, which is standard in construction contracts to resolve potential conflicts and reflect negotiated details. It ties back to the ENTIRE CONTRACT section's emphasis on written documents.

 

PROPOSALS AND CONTRACT
FP Solutions' proposals or quotations are valid for acceptance for 30 days from the date of issuance (or such other period as expressly stated in the proposal or quotation), unless earlier withdrawn in writing by FP Solutions. After expiration, the proposal is subject to revision, and FP Solutions reserves the right to requote prices, terms, and schedules based on then-current conditions.  

 

The Customer may not cancel, suspend, reduce the scope of, or terminate the Contract (or any accepted proposal) without FP Solutions' prior written consent. 

 

If consent is granted, the Customer shall reimburse FP Solutions for:  

 

• All costs incurred to date (including labor, materials, subcontractor commitments, and overhead), plus  

• Reasonable overhead and profit on the unperformed portion of the work (calculated at 15% of the remaining Contract value or such other rate as specified in the proposal), plus  

• Any demobilization, cancellation, or restocking fees incurred by FP Solutions or its suppliers/subcontractors.

No cancellation, suspension, or reduction shall relieve the Customer of liability for payment of amounts already due or for reimbursable costs as described above.

 

PRICES
Unless otherwise expressly specified in the applicable proposal, quotation, or change order (in which case those specific terms shall take precedence and govern), the following pricing provisions apply:  

• The Contract price is based on information, plans, specifications, facility layouts, occupancy details, and other data provided by the Customer at the time of proposal. Any inaccuracies, incompleteness, or subsequent changes in such information shall be treated as changes under the CHANGES, ALTERATIONS, ADDITIONS clause, and the Customer shall pay for any resulting extras at FP Solutions' then-current rates.  

• Prices are subject to adjustment for increases in material, labor, transportation, fuel, or other direct costs exceeding 5% of the original quoted amounts after the proposal date but prior to final delivery or completion. Adjustments shall be documented with reasonable substantiation (e.g., supplier invoices, index data, or market evidence) and incorporated via change order. FP Solutions will make reasonable efforts to mitigate such increases but reserves the right to pass through verifiable escalations.  

• For any extra work requested by the Customer or necessitated by site conditions, changes in laws/codes, or other factors beyond FP Solutions' control, pricing shall be at FP Solutions' standard rates in effect at the time the extra work is performed (or as negotiated and agreed in a change order).  

• All prices are in U.S. dollars and do not include taxes, permits, or fees unless expressly stated. The Customer is responsible for any applicable sales/use taxes, duties, tariffs, or similar charges.

 

REPORTS
All inspections, tests, and related services provided under this Contract shall be documented on FP Solutions' then-current standard inspection and test report forms. These reports are advisory in nature only and are intended solely to assist the Customer in identifying obvious deficiencies, impairments, or conditions observed during the limited scope of the inspection or testing performed.  

 

The reports do not constitute:

• A comprehensive code compliance review,  

• A complete system evaluation,  

• An exhaustive inspection of every component, pipe, sprinkler head, valve, or hidden element, or  

• Any guarantee or warranty regarding the ongoing condition, performance, or reliability of the fire protection system beyond the express terms of this Contract.

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In accordance with NFPA 25 (2011 edition) and applicable Authority Having Jurisdiction requirements, the Customer remains solely responsible for:  

• Maintaining the fire protection system in full operating condition,  

• Performing all required ongoing inspections, testing, and maintenance,  

• Promptly addressing and repairing any deficiencies, impairments, or recommendations identified in FP Solutions' reports, and  

• Ensuring compliance with all applicable codes, standards, and AHJ directives.

 

If FP Solutions recommends repairs, replacements, or corrective actions in a report and the Customer declines or fails to authorize and complete such work in a timely manner, FP Solutions shall be relieved of any and all liability arising from or related to the continued existence of the identified condition(s), any subsequent system failure, impairment, or resulting loss or damage.  

 

All reports, findings, recommendations, and related documentation provided by FP Solutions are confidential and proprietary. They are provided exclusively for the Customer's internal use in connection with the Services and may not be reproduced, distributed, or relied upon by third parties without FP Solutions' prior written consent. FP Solutions reserves the right to withhold delivery of any report or documentation until all outstanding invoices related to the Services are paid in full.  

 

The Customer shall promptly notify FP Solutions in writing of any system malfunction, impairment, or change in condition that comes to its attention following receipt of a report. Failure to do so may further limit or relieve FP Solutions of liability for related issues.  

 

This section does not alter or expand any express warranties or limitations of liability set forth elsewhere in this Contract.

 

SEVERABILITY
If any provision of this Contract is held invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.  

The parties agree to reform any invalid provision, to the extent permitted by law, to most closely approximate its original intent and economic effect. If reformation is not possible, the provision shall be deemed deleted, and the Contract shall be interpreted and enforced as if it had never included the invalid provision.  

This clause survives termination or expiration of the Contract.

 

SITE FACILITIES
The Customer shall provide, at no cost to FP Solutions, all necessary site facilities required for performance of the Services, including but not limited to adequate utilities (water, electricity, lighting), storage space for materials and equipment, permits, local telephone access, crane/elevator service (if available), and unrestricted site access (including 24/7 access for emergencies or scheduled work).  Failure by the Customer to provide such facilities in a timely manner shall constitute a default under this Contract. In such event, FP Solutions may, at its option: suspend performance until the facilities are provided, extend the project schedule by a reasonable period, and/or charge the Customer for any additional costs, delays, or expenses incurred (including remobilization, standby time, or overtime).

 

SPECIAL CONDITIONS
Testing and pressure testing under this Contract shall be limited to new work installed by FP Solutions unless otherwise expressly specified in the proposal or change order. Any required testing of existing piping, valves, or components shall be treated as extra work and billed at FP Solutions' then-current rates.  The Customer assumes full responsibility and risk for the condition of any pre-existing equipment, piping, or components and for any damage (including water damage) resulting directly or indirectly from the application of test pressures, flushing, or other procedures involving existing systems. For conversions from wet to dry systems, any additional work required to achieve air-tightness or proper drainage shall be extras billed to the Customer.

 

STRUCTURE AND SITE CONDITIONS
FP Solutions shall not be liable for any loss or damage to foundations, walls, structures, concealed piping, wiring, fixtures, or other existing elements not installed by FP Solutions, even if caused by excavation, work activities, or site conditions.  The Customer warrants that the structure and site are sufficient to support the fire protection system and related equipment (including tanks) and shall provide FP Solutions with accurate surveys, as-built drawings, or other necessary information upon request. If the Customer fails to have the site ready for installation (including lay-down areas, access, and suitable working base) at the agreed time, the Customer shall reimburse FP Solutions for all resulting costs, delays, and expenses, including standby time and remobilization.

 

SUBCONTRACTORS AND FLOW-DOWN OBLIGATIONS
FP Solutions may engage subcontractors to perform portions of the Services. Any subcontractors engaged by FP Solutions shall be bound by terms substantially similar to those in this Contract. The Customer consents to such subcontracting.  FP Solutions remains fully responsible for the performance of its subcontractors. However, any flow-down obligations, requirements, or terms from the Customer's upstream contracts (including prime contracts or general contractor agreements) shall not bind FP Solutions unless expressly incorporated into this Contract by a written amendment signed by an authorized officer of FP Solutions.

 

SUSTAINABILITY
FP Solutions will use sustainable materials and practices where feasible and consistent with industry standards, project specifications, and applicable codes.  The Customer remains solely responsible for obtaining any environmental permits, complying with environmental regulations, and addressing any sustainability or green-building requirements applicable to the site or project.

 

TERMS AND CONDITIONS/TECHNICAL SPECIFICATIONS
These General Terms and Conditions supplement any technical specifications, drawings, or scope documents provided with the proposal or Contract.  In the event of any inconsistency between these terms and the technical specifications or other Contract documents, FP Solutions' authorized representative (an officer or designated manager) shall resolve the inconsistency, and the interpretation provided by FP Solutions shall govern unless otherwise agreed in writing.

 

UNLESS OTHERWISE SPECIFIED...
Unless expressly stated otherwise in the proposal, quotation, or scope of work, any inspection or testing services provided under this Contract do not include maintenance, repairs, alterations, replacement of parts, field adjustments, or correction of deficiencies identified during the inspection.  FP Solutions shall not be responsible or liable for any equipment or system failure occurring during or after the inspection that results from age, obsolescence, normal wear and tear, hidden components (below grade, behind walls, or otherwise obstructed), or pre-existing conditions. The Customer waives any claims against FP Solutions related to such failures unless directly caused by FP Solutions' negligence.

 

WAIVER OF SUBROGATION
To the fullest extent permitted by law, the Customer and FP Solutions mutually agree to waive and release each other (and their respective insurers) from any and all claims for loss or damage to property covered by insurance (or that should have been covered by insurance required or recommended under this Contract or applicable law).  This waiver of subrogation applies even if the loss is caused by the negligence of the other party. The waiver includes deductibles and self-insured retentions, which shall be treated as insured losses. The Customer shall maintain adequate property, liability, and business interruption insurance to support this waiver.

 

FP Solutions, LLC • 2026