Terms & Conditions

These Terms and Conditions (“Agreement”) govern all services provided by ComSurv (“Company”) to the client (“Client”) and are incorporated into all proposals, quotes, statements of work, and invoices issued by the Company.

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1. Scope of Services

ComSurv shall provide installation, configuration, maintenance, repair, and support services (collectively, the “Services”) strictly in accordance with the terms, specifications, and deliverables set forth in the applicable executed contract, statement of work (SOW), proposal, service agreement, or other written agreement between ComSurv and the Client (collectively, the “Contract Documents”).

Services may include, but are not limited to, system installation, equipment provisioning, troubleshooting, service calls, maintenance, upgrades, and remote support, as specifically defined in the Contract Documents.

In the event of any conflict between these Terms and Conditions and the Contract Documents, the Contract Documents shall control with respect to scope, pricing, and deliverables.

No services outside the scope defined in the Contract Documents will be performed unless authorized through a written change order executed by both parties. Any such additional services shall be subject to additional charges and may impact project schedule.

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2. Pricing and Payment Terms

All pricing shall be as set forth in the applicable Contract Documents and is valid for the period specified therein.

Unless otherwise expressly agreed in writing, all invoices are due upon receipt.

Any invoice not paid within thirty (30) days from the invoice date shall be considered past due. ComSurv reserves the right to assess the following on all past due balances:

• A late fee of 1.5% per month (or the maximum rate permitted by law); and

• A daily late penalty of 0.05% of the outstanding balance per day, beginning on the 31st day after the invoice date and continuing until paid in full.

ComSurv reserves the right to require deposits, progress payments, or payment in advance for certain projects or Clients, as specified in the Contract Documents.

Client shall be responsible for all reasonable costs incurred by ComSurv in collecting overdue amounts, including but not limited to attorneys’ fees, court costs, and collection agency fees.

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3. Suspension of Services

ComSurv reserves the right to suspend work, delay project timelines, or withhold deliverables if any invoice becomes past due. Any resulting delays or additional costs shall not be the responsibility of ComSurv.

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4. Change Orders

Any modification to the scope of work must be documented through a written change order approved by both parties. Additional work will be billed at ComSurv’s standard rates or as otherwise agreed.

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5. Client Responsibilities

Client agrees to:

• Provide timely access to job sites, facilities, and necessary utilities

• Ensure a safe working environment compliant with applicable laws and regulations

• Provide accurate information necessary for completion of Services

Delays caused by the Client may result in additional charges.

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6. Equipment and Materials

Unless otherwise stated:

• All equipment remains the property of ComSurv until paid in full

• Risk of loss transfers to the Client upon delivery or installation

• Manufacturer warranties apply to equipment; ComSurv does not extend additional warranties beyond those expressly stated.

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7. Limited Warranty on Services

ComSurv warrants its workmanship for a period of one (1) year from the date of completion. This warranty is limited to correcting defects directly related to workmanship and does not cover:

• Normal wear and tear

• Misuse, abuse, or unauthorized modifications

• Third-party interference

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8. Limitation of Liability

To the fullest extent permitted by law:

• ComSurv’s total liability shall not exceed the total amount paid by Client for the specific Services giving rise to the claim.

• ComSurv shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits or business interruption.

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9. Indemnification

Client agrees to indemnify and hold harmless ComSurv from any claims, damages, or liabilities arising from:

• Client’s misuse of installed systems

• Failure to maintain equipment

• Unsafe job site conditions under Client’s control

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10. Delays and Force Majeure

ComSurv shall not be liable for delays caused by events beyond its reasonable control, including but not limited to weather, supply chain disruptions, labor shortages, or acts of God.

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11. Termination

Either party may terminate this Agreement upon written notice if the other party materially breaches its obligations and fails to cure such breach within ten (10) days.

Upon termination:

• Client shall pay for all work completed and materials procured up to the termination date

• Any non-cancellable commitments made by ComSurv on behalf of the Client shall be reimbursed

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12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.

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13. Entire Agreement

This document, together with any applicable proposal or statement of work, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.