NIMBIO INSTALLATION POLICY
Last Updated: March 23, 2023
PLEASE READ THIS INSTALLATION POLICY CAREFULLY BECAUSE THIS INSTALLATION POLICY CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND NIMBIO. IF YOU DO NOT WISH TO ACCEPT THIS INSTALLATION POLICY, PLEASE DO NOT ORDER, INSTALL AND/OR USE PRODUCTS OR ACCESS NIMBIO SERVICES THROUGH PRODUCTS. BY ORDERING, INSTALLING AND/OR USING ANY PRODUCT, YOU AGREE (1) TO BE BOUND BY THIS INSTALLATION POLICY, (2) YOU ARE AT LEAST 18 YEARS OLD, (3) YOU HAVE READ AND UNDERSTAND THIS INSTALLATION POLICY AND (4) YOU ACCEPT THIS INSTALLATION POLICY.
Nimbio reserves the right to change the terms of this Installation Policy at any time; each time Customer orders Products, the Installation Policy in force at that time will apply between Customer and Nimbio.
- The following provisions of this Installation Policy apply when you (“Customer”) install Products from Nimbio (for example, a Nimbio System) at your Property. This Installation Policy is in addition to and supplements the Terms and Conditions for Nimbio Hardware (“Conditions”), which are incorporated herein by reference. Capitalized terms used but not defined herein shall have the meanings ascribed under the Conditions.
- Installation of the Product may be done either by (i) a Nimbio employee or Nimbio installation partner (a “Nimbio Installer”), (ii) by Customer, according to instructions within Nimbio’s Knowledge Base (https://nimbio.com/nimbio-installation-guide/) and support via its Customer Service team, both of which are accessible from Nimbio’s website, or (iii) by an independent professional installer selected by Customer (“Third Party Installer”). Nimbio may in its discretion provide to Customer a list of Third Party Installers (“Installer List”) available in its jurisdiction to assist with installation; provided, Nimbio has no obligation to do so. Third Party Installers are not affiliated with Nimbio and are not employees, subcontractors or agents of Nimbio. Customer’s selection and use of a Third Party Installer, or any third party, to install any Product is entirely at Customer’s own risk. Nimbio assumes no liability or responsibility whatsoever for the actions, inactions or wrongdoing of any Third Party Installer. Any additional terms required by a Third Party Installer in connection with installation services at your Property are between you and the Third Party Installer, not Nimbio. Nimbio makes no representations or guarantees whatsoever with respect to Third Party Installers.
- The Product is compatible with most gates and electronic locks at typical commercial and residential properties. Compatibility information is subject to change and is qualified by reference to our website. Certain Products may require an external power source. Customer must determine that the Product purchased is compatible with the equipment and utilities at the Property in which the Product will be used. This is Customer’s sole responsibility and Nimbio assumes no liability for a Product that is incompatible with Customer’s Property, equipment, or utilities.
- A Nimbio Installer or Third Party Installer will require access to your Property to perform installation of Products and shall be provided appropriate power supply, network connectivity, physical space, site access, working conditions, and other requirements for proper installation of the Nimbio System, in each case as required by the Nimbio Installer or Third Party Installer, as the case may be.
LIMITATION OF DAMAGES
- As between Nimbio and Customer, Customer is responsible for ensuring that the Product is completely and properly installed, as well as paying all associated costs or fees.
- It is Customer’s responsibility to ensure that any Third Party Installer contracted with to install the Product (a) has all licenses and credentials required by the jurisdiction in which the Product will be installed (“Product Jurisdiction”), (b) adheres to all property codes and regulations required by the Product Jurisdiction, (c) receives landlord or property owner permission prior to installation and (d) follows all instructions and guidelines provided by Nimbio with respect to installing the Product.
- Prior to any installation of any Product, Customer shall secure and document landlord and/or property owner and/or property management permission therefor, in whatever form such permission is required to take under local laws, regulatory authority or municipal ordinances in the relevant Product Jurisdiction; Customer will defend, indemnify and hold Nimbio harmless from and against any and all damages, losses, claims, or other costs arising from any breach by Customer of the foregoing covenant.
CUSTOMER’S RIGHTS AND THIS INSTALLATION POLICY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMBIO WILL IN NO EVENT (A) BE LIABLE FOR ANY DAMAGES, INCLUDING PROPERTY DAMAGES, ARISING FROM OR RELATING TO INSTALLATION OF THE PRODUCT OR (B) BE LIABLE FOR ANY INCIDENTAL, indirect, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES FOR LOST REVENUE OR LOST DATA, ARISING FROM OR RELATED TO THE INSTALLATION OF THE PRODUCT BY A NIMBIO INSTALLER OR A THIRD PARTY INSTALLER, EVEN IF NIMBIO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NIMBIO FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, ARISING FROM OR RELATING TO INSTALLATION OF THE PRODUCT SHALL NOT EXCEED THE PRICE ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER AND/OR CUSTOMER. NIMBIO DISCLAIMS ALL LIABILITY OF ANY KIND OF NIMBIO’S LICENSORS AND SUPPLIERS.
- Nimbio is not liable or responsible for any failure or delay in performing any of its contract obligations caused by an act or event beyond its reasonable control, including but not limited to acts of God, natural disaster, failure of private or public telecommunications networks or failure of shipping networks.
- This Installation Policy provides Customer certain rights. Customer may also have legal rights that vary by jurisdiction. Some of the limitations in this Installation Policy may not apply in certain jurisdictions. This Installation Policy will apply to the extent permitted by applicable law.
- This Installation Policy (which includes the Conditions and all terms and policies included therein by reference) contains the only terms provided to Customer with respect to installation of the Products and constitutes the entire agreement between Nimbio and Customer with respect to the subject matter herein. This Installation Policy supersedes all other previous statements, communications, agreements or warranties, oral or written, including advertising, quotes or sales material.