CUSTOMER AGREEMENT & TERMSAND CONDITIONS
This Customer Purchase Agreement (this "Agreement") is madeeffective as of the date of the Customer’s Invoice, between[CUSTOMER](the “Customer”) andLIFE LIFT SYSTEMS, Inc, a Delaware Corporation ("LLS") (herein referred to collectively as “Parties”).
Whereas, Customerwishes to purchasean above-groundstorm shelter (the "Storm Shelter") and LLS wishes sell Customer the Storm Shelter, the parties agree as follows:
MODEL. LLS agrees to sell and install the Storm Shelter Model shown onCustomer’s Invoice.
PURCHASE. Customer hereby purchases, or has purchasedfrom a LLS authorized dealer, the Storm Shelter shown on Customer’s Invoice, tobe installed by LLS or a LLS Contractor at the location on the Invoice. Customer agrees to pay LLS the full sum shownon the Invoice prior to installation of the Storm Shelter.
AUTHORITYTO CONTRACT FOR OWNER. Customer represents and warrants thathe or she is the owner or authorized agent of the owner or owners of thebelow-described property (the “Property”) where the Storm Shelter is to beinstalled and that he/she has full authority to enter into this Agreement andbind himself / herself and the owner or owners of the Property (whether aspouse or otherwise), and consents to and agree to be bound by the termsherein.
INSTALLATION. Customer agrees to have the surface for installation fully prepared forinstallation and free from any impediment to installation. Customer has verified the foundation wherethe shelter will be installed is at least 4.0” thick and 3500 psi minimumstrength concrete with rebar or post tension cables.
LLS WARRANTIES. LLS agrees to providea limited warranty ofone (1) yearfor the steel and one (1) yearfor the electrical components excluding the battery, from the date of Installation, on the Storm Shelter components, exceptingany damage related to improper installation or use. Should Customer have a warranty claim, Customershall immediately notify LLS of the same, and shall allow LLS to service thesame. The Storm Shelter is sold “AS IS”, LLSexpressly disclaims any warranties of merchantability and/or fitness of thework and expressly disclaims any warranties otherwise available to thepurchaser by operation of law and/or equity.
DISCLAIMER AND INDEMNIFICATION. LLS has represented and Customer acknowledges that there is no guaranteethat the Storm Shelter will fully protect the Customer during any peril, andCustomer and for its successors and assigns, hereby indemnifies and holdsharmless LLS from any claim or action whatsoever arising from any injury ordeath arising from or in any way related to the use or operation of the StormShelter. Storm Shelter has been testedmeet to FEMA 320 and ICC-500 standards for an EF5 tornado.
Any and all required building permits and associated fees are the responsibility of the Customer. LSS will scan theconcrete to locate post tension cables and other metal objects in the concrete,this process is not always 100% accurate. LLS is not responsible for determiningif any utility lines, post tension cables or other objects may be in or under theconcrete or the damages associated from the construction process. Customer warrants thathe/she has obtained a proper permit from the applicable government body and hasverified that the installation site is marked toshow or isfreeand clear of such items or other hazards.
Customer is solely responsible for his/her ownphysical safety (and the safety of any other invitee not a contractor oremployee of LLS) if he/she chooses to be physicallypresentor allowathird‐person tobephysically present or nearthe siteduringthe installationprocess.
LLSshall not be responsible for rust on parts of the shelter resulting fromscratching or other incidental wear and tear and general use of the shelter.LLS shall not be responsible for damages or any personal injury resulting fromflooding of the Customer's shelter; nor does LLS represent or warrant that ithas searched applicable flood plane records to determine whether or notCustomer's property is in a flood plane. The Customer acknowledges andunderstands that the shelters sold by LLS are vented shelters and subject tothe intrusion of water in the event of flooding. Warranties provided hereinshall be inapplicabletosheltersinstalledbycontractorsnotapprovedbyLLS
OPERATOR’S MANUAL. Customer acknowledges receipt and review of the Operator’s Manual forthe Storm Shelter. All terms, includingbut not limited to any disclaimers, representations, and warranties containedin the Operator’s Manual are incorporated in this Agreement as though fullywritten. This document shall overrideany claims disclaimers, representations, and warranties contained in theOperator’s Manual.
ARBITRATION. All disputes under this Agreement thatcannot be resolved by the parties shall be submitted to arbitration under therules and regulations of the American Arbitration Association. Eitherparty may invoke this paragraph after providing 30 days' written notice to theother party. All costs of arbitration shall be dividedequally between the parties. Any award may be enforced by a court of law.
APPLICABLE LAW. ThisAgreement shall be governed by the laws of the State of Oklahoma.