Terms & Conditions

LIMITATIONS OF LIABILITY: Silco is not an insurer. The amounts payable to Silco are based upon the value of the services and the scope of liability herein and are unrelated to the value of the Customer’s property or property of others located in the premises. No suit or action shall be brought against Silco more than one (1) year after the accrual of the cause of action. In case of any claim or loss, Customer and Silco mutually agree that their respective insurance companies shall have no right of subrogation against the other on account thereof. If Silco is found negligent or otherwise liable for any goods sold and/or work performed, then Silco’s liability shall be limited to a maximum of $10,000, and this liability shall be exclusive; upon request and with payment of an additional fee this maximum liability can be increased and the increased limit will be set forth in a letter provided by Silco. Silco shall not be liable for any claims for any improper and/or imperfect performance based on the failure of any system to function effectively due to causes beyond the control of Silco, such as wear and tear, tampering, changes to the protected areas, failure of Customer to authorize modifications or repairs or conduct required or recommended inspection/testing/maintenance, intentional and/or violent acts of third parties against Customer’s employees, students, or others on the premises, and faulty design/installation by others.

Silco hereby objects to any additional or different terms or conditions contained in Customers’ purchase order, agreement, acknowledgement, or other Customer document that has been issued or will be issued. Silco’s Terms & Conditions shall control the obligations of the parties and supersedes all prior representations, understandings, or agreements between Silco and the Customer, both written and oral.

If Customer and Silco have signed or signs in the future Silco’s alarm system monitoring agreement, then the terms and conditions of that agreement shall govern for any services listed in that Agreement.

In any suit or action by a third party, Customer agrees to defend, indemnify, and hold harmless Silco to the fullest extent permitted by law.

The laws of Ohio shall govern the validity, enforceability, and interpretation of these Terms & Conditions.

Customer contact acknowledges he/she is the owner or owners authorized representative and agrees to promptly share all documentation provided by Silco, including these Terms & Conditions, with all who could potentially have a need to know this information. Regardless whether Silco’s Terms & Conditions were previously presented to the Customer, Silco’s Terms & Conditions shall control the obligations of the parties unless disputed in writing within 10 days from the date Silco’s Terms & Conditions were first disclosed to the Customer with such dispute delivered to Silco via certified mail.

These Terms & Conditions apply to all past, present, or future services performed by Silco at Customer’s Locations. Customer further agrees that Silco retains the right to change its Terms & Conditions at any time with or without notice to Customer.

If any provision of these Terms & Conditions is found by a court or other competent authority to be void or unenforceable in whole or in part, these Terms & Conditions will continue to be valid as to the remainder of the affected provision and all other provisions of these Terms & Conditions.

Scope of Inspection, Testing & Maintenance Services

Fire Extinguishers

As requested by the Customer, Silco has performed an annual maintenance or monthly inspection of fire extinguishers based on (but not exceeding) the requirements of the most current edition of NFPA 10. Silco recommends Customer review NFPA 10 and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities.  Note, the Customer is ultimately responsible for ensuring the annual maintenance and monthly inspections are performed. For many customers Silco is only requested to perform the annual maintenance on the fire extinguishers. Unless specifically requested in writing by the customers, it is understood that the customer will self-perform their own monthly inspection on the fire extinguishers.

ABC multipurpose dry chemical is corrosive and can cause damage to various types of electrical equipment, including servers and other technology related hardware. Although more expensive, there are alternative types of fire extinguishers available to protect these hazards that do not leave a potentially damaging residue. Only at the request of the customer will Silco install these alternative types of extinguishers to protect these hazards.

OSHA requires all customer employees be trained upon hire an annually thereafter on the proper use of fire extinguishers. It is the customer’s responsibility to comply with this requirement. Upon request Silco can assist by providing a training class.

Restaurant Fire Suppression Systems

At the request of Customer, Silco has performed semi-annual inspection, testing, and maintenance services based on (but not exceeding) the requirements in the most current editions NFPA 17A and Section 11.2 of NFPA 96. Silco recommends Customer review NFPA 17A, 96, and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities, such as conducting inspections for Grease Buildup by certified persons, cleaning of the exhaust systems, properly maintaining cooking equipment, performing monthly inspections requirements of NFPA 17A, not moving or modifying cooking appliances without prior re-evaluation of the fire extinguishing system, promptly correcting and repairing any issues so as to be in compliance with NFPA standards, etc. Customer is responsible for placing their alarm on/off of test. As specified in NFPA, Customer/Owner is aware and agrees Customer/Owner is ultimately responsible for inspection, testing, and maintenance of the fire protection system, exhaust system, and cooking appliances. Any comments made regarding grease buildup, does not mean the entire exhaust system and cooking appliances were inspected for grease buildup. Grease buildup inspections and grease removal are outside of the scope of the services Silco is providing.

Fire Sprinkler Systems

At the request of Customer, Silco has performed inspection, testing, and maintenance services based on (but not exceeding) the requirements in the most current edition of NFPA 25 for the frequency checked on the first page of Silco’s Inspection & Testing Report. Silco’s inspection, testing, and maintenance work is based on the information provided to Silco by the Customer, such as as-built drawings, the list and location of systems to be serviced, the list and locations of valves, the list and location of low point drains on a dry system, etc. Silco hereby requests this information and any other relevant information be provided to Silco. The Customer is responsible for notifying Silco of any missed systems, valves, low points, etc. that are not documented as being tested on Silco’s Inspection & Testing Report. Silco recommends Customer review NFPA 25 and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities, such as properly maintaining the system, ensuring all inspection, testing, and maintenance requirements are performed (e.g. weekly inspections, monthly inspections, etc.), promptly correcting and repairing any issues so as to be in compliance with NFPA standards, providing notifications prior to and after testing to building occupants and other concerned parties including the monitoring center and following proper impairment processes, ensuring all water filled piping (including dry valves) are maintained at a minimum temperature of 40 degrees F, providing Silco access to system components, not making changes in the occupancy, the use or process, or the materials used or stored in the building without a formal design evaluation of the fire protection system, etc. Being consistent with the requirements of NFPA 25, the inspection, testing, and maintenance services provided by Silco and documented in Silco’s Inspection & Testing Report do not include a formal design evaluation or installation evaluation. Silco’s inspection, testing, and maintenance services also do not include an inspection for sprinkler heads, valves, and other system components that have been recalled. Any comments / recommendations contained in Silco’s Inspection & Testing Report regarding sprinkler system design, installation issues, and recalled products does not mean the entire system was evaluated and other portions of the system are problem free. These comments / recommendations are an observation the technician felt compelled to inform you about, but are outside the scope of Silco’s inspection, testing, and maintenance work documented in Silco’s Inspection & Testing Report. Formal system design evaluations, installation evaluations, and inspections for recalled products are available by Silco upon request as additional services for additional fees and are conducted by select individuals qualified to conduct these specialized evaluations. Regarding any problems noted in Silco’s Inspection & Testing Report, the Customer is responsible for classifying as a noncritical deficiency, critical deficiency, or impairment and taking the necessary steps to promptly address these problems. Please see NFPA 25 for guidelines on classification and additional information.

The intent of a 5 year Assessment of Internal Condition of Piping / Obstruction Inspection is to provide reasonable assurance that corrosion and obstruction issues within the fire protection systems are identified. Silco’s scope of services, which is consistent with NFPA 25, is not to verify every piece of pipe in the system is free from corrosion and obstructions.

5 year Flow Testing of Standpipes can release large quantities of water, often from roof outlets. Silco shall not be liability for any damages caused by water during flow testing of standpipe systems. Where a flow test of the hydraulically most remote outlet(s) is not practical, the authority having jurisdiction shall be consulted by the Customer. Silco can participate in this consultation at Owner’s request. The standpipe flow test is intended to verify the design flow rate and pressure under functional flow conditions. Design pressure varies depending on the age of the system and the edition of NFPA 14 the system was designed to. Customer is responsible for comparing test results to the appropriate requirements. Silco can assist in comparing this data upon request and in such cases will issue a letter of its findings base on the information provided for comparison.

If portions of a fire sprinkler system freeze and damaged sections are repaired there could be other frozen sections that are not yet apparent to the Customer or Silco which could cause damage to the property if the system is left in service. Leaving the system out of service would eliminate potential for further water damage to the property; however, this action will leave the property without necessary fire protection. Customer agrees that Silco cannot be held liable regardless of which course of action the Customer chooses.

When an inspection/flow test of a dry pipe sprinkler system is performed, it is imperative that all low points be identified for proper drainage at the completion of a test. At the completion of testing, Silco drained all of the low points identified by the Customer. Silco depends on the Customer to communicate all low points to Silco, since some low points may be concealed from Silco’s “floor level” visual inspection performed in accordance with NFPA 25. A better option is for the Customer to provide Silco with as-built drawings, which is Silco’s preference. An important Customer responsibility per NFPA 25 to avoid freezing pipes is to drain all low points “before the onset of freezing weather conditions, and thereafter as needed”. Low points need to be drained prior to winter and on a routine basis throughout winter. There are multiple reasons why condensate can form on the interior surface area of the piping and drain back to the low points of the systems. For example, this can occur after a full flow test or from humid makeup air from the air compressor. Silco limits its testing of dry pipe sprinkler systems from April 1st to October 31st because NFPA 25 stipulates not performing these tests after the onset of winter. If the Customer requests an inspection/flow test November 1st through March 31st, we will accommodate, with the Customer assuming all risk regarding the freezing pipes following the “off-season” test.

If you would like Silco to drain your low points during winter, please contact you closest Silco office.  (Cincinnati: 513-733-5655, Dayton: 937-426-9717, Columbus: 614-449-2101, Akron: 330-535-4343, Cleveland 216-252-3851)

Fire Pumps

At the request of Customer, Silco has performed Fire Pump inspection, testing, and maintenance services based on (but not exceeding) the requirements in the most current edition of NFPA 25 for the frequency checked on the first page of Silco’s Inspection & Testing Report. Silco’s inspection, testing, and maintenance work is based on the information provided to Silco by the Customer. Silco hereby requests this information and any other relevant information be provided to Silco. Silco recommends Customer review NFPA 25 and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities, such as properly maintaining the pump, ensuring all inspection, testing, and maintenance requirements are performed (e.g. weekly inspections, monthly inspections, etc.), promptly correcting and repairing any issues so as to be in compliance with NFPA standards, providing notifications prior to and after testing to building occupants and other concerned parties including the monitoring center and following proper impairment processes, ensuring the pump house/room is maintained at a proper temperatures (40 degrees F for electric and 70 degrees F for diesel pumps), and providing Silco access to system components. For diesel pumps, Customer is responsible for properly maintaining the diesel engine and this is outside of Silco’s scope of work. Regarding any problems noted in Silco’s Inspection & Testing Report, the Customer is responsible for classifying as a noncritical deficiency, critical deficiency, or impairment and taking the necessary steps to promptly address these problems. Please see NFPA 25 for guidelines on classification and additional information.

Fire Hydrants Annual

At the request of Customer, Silco has performed inspection, testing, and maintenance services on the fire hydrants listed in Silco’s Inspection & Testing Report based on (but not exceeding) the requirements in the most current edition of NFPA 25. Silco’s inspection, testing, and maintenance work is based on the information provided to Silco by the Customer, such as as-built drawings, the list and location of hydrants to be serviced and the list and location of valves to be exercised. Silco recommends Customer review NFPA 25 and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities, such as properly maintaining the fire equipment, ensuring all inspection, testing, and maintenance requirements are performed, promptly correcting and repairing any issues so as to be in compliance with NFPA standards, providing notifications prior to and after testing and following proper impairment processes. As specified in NFPA 25, the inspection, testing, and maintenance services (documented in Silco’s Inspection & Testing Report) do not include a formal design evaluation or installation evaluation. Regarding any problems noted in Silco’s Inspection & Testing Report, the Customer is responsible for classifying as a noncritical deficiency, critical deficiency, or impairment and taking the necessary steps to promptly address these problems. Please see NFPA 25 for guidelines on classification and additional information.

Water that does not drain from dry barrel hydrants can freeze and damage the hydrant. Silco has left the barrels of the hydrants dry at the completion of services documented by Silco’s Inspection & Testing Report. Thereafter the Customer is responsible to ensure the barrels are dry prior to and during freezing weather conditions. Silco shall have no liability for frozen hydrants.

Fire Main 5 Year Flow Test

At the request of Customer, Silco has performed the 5 year private main flow testing on the fire hydrants and fire service mains listed in Silco’s Inspection & Testing Report based on (but not exceeding) the requirements in the most current editions of NFPA 25 and NFPA 291. Silco’s inspection, testing, and maintenance work is based on the information provided to Silco by the Customer, such as as-built drawings. Silco hereby requests this information and any other relevant information be provided to Silco. Silco has graphed the data captured during the flow test. Customer is responsible for graphing and comparing prior test results, original installation test results, and system demand points for systems supplied by the tested private mains. Silco can assist in graphing and comparing this data upon request, although the Customer is still responsible for providing the necessary data. Silco recommends Customer review NFPA 25, 291, and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities, such as properly maintaining the fire equipment, ensuring all inspection, testing, and maintenance requirements are performed, promptly correcting and repairing any issues so as to be in compliance with NFPA standards, providing notifications prior to and after testing and following proper impairment processes. As specified in NFPA 25, the inspection, testing, and maintenance services (documented in Silco’s Inspection & Testing Report) do not include a formal design evaluation or installation evaluation. Regarding any problems noted in Silco’s Inspection & Testing Report, the Customer is responsible for classifying as a noncritical deficiency, critical deficiency, or impairment and taking the necessary steps to promptly address these problems. Please see NFPA 25 for guidelines on classification and additional information.

Water that does not drain from dry barrel hydrants can freeze and damage the hydrant. Silco has left the barrels of the hydrants dry at the completion of services documented by Silco’s Inspection & Testing Report. Thereafter the Customer is responsible to ensure the barrels are dry prior to and during freezing weather conditions. Silco shall have no liability for frozen hydrants.

Fire Alarm

At the request of Customer, Silco has performed inspection, testing, and maintenance services based on (but not exceeding) the requirements in the most current edition of NFPA 72 for the frequency checked on the first page of Silco’s Inspection & Testing Report. Silco’s inspection, testing, and maintenance work is based on the information provided to Silco by the Customer, such as the information listed in Section 2 of Silco’s Inspection & Testing Report. Without this information, a customized written test plan cannot be created and Silco’s inspection and testing may not be comprehensive and in full compliance with NFPA 72. Silco recommends Customer review NFPA 72 and any other applicable NFPA standards (available for free at www.nfpa.org) and especially the sections specifying the Customer/Owner responsibilities, such as properly maintaining the system and ensuring all inspection, testing, and maintenance requirements are performed (e.g. monthly inspections, semi-annual inspections, etc.), promptly correcting and repairing any issues so as to be in compliance with NFPA standards, etc. The Customer is responsible for providing notification prior to and after testing to building occupants and other concerned parties and following proper impairment processes. The Customer is responsible for providing Silco access to system components. If the Customer makes changes to the building or to the building’s occupancy or use, it is recommended the Customer conduct a formal design evaluation of the fire protection system.  The inspection, testing, and maintenance services (documented in Silco’s Inspection & Testing Report) do not include a formal design evaluation or installation evaluation. Any comments / recommendations contained in Silco’s Inspection & Testing Report regarding fire alarm design or installation issues does not mean the entire system was evaluated and other portions of the system are problem free. These comments / recommendations are an observation the technician felt compelled to inform you about, but are outside the scope of Silco’s inspection, testing, and maintenance services. Formal system design evaluations and installation evaluations are available by Silco upon request as additional services for an additional fee and are conducted by select individuals qualified to conduct these specialized evaluations.

Special Hazard Fire Suppression Systems

At the request of Customer, Silco has performed inspection, testing, and maintenance services based on (but not exceeding) the requirements in the most current edition of NFPA 2001, 12, 12A, 17, and 72 for the frequency checked on the first page of Silco’s Inspection & Testing Report. Silco’s inspection, testing, and maintenance work is based on the information provided to Silco by the Customer, such as as built drawings. Silco recommends the Customer review applicable NFPA codes (available for free at www.nfpa.org). The Customer is responsible for properly maintaining the system, ensuring all inspection, testing, and maintenance requirements are performed (e.g. monthly inspections, semi-annual inspections, etc.), and promptly correcting and repairing any issues so as to be in compliance with NFPA standards. The Customer is responsible for providing Silco access to system components. If there are inaccessible spaces or if the Customer has any concerns about penetrations that may have been made to the enclosure, it is recommended the Customer authorize Silco to conduct a room pressurization test. Any comments / recommendations contained in Silco’s Inspection & Testing Report regarding system design issues do not mean the entire system was evaluated from a design perspective and other portions of the system are problem free. These design comments / recommendations are an observation the technician felt compelled to inform you about, but are outside the scope of Silco’s inspection, testing, and maintenance services. If the Customer makes changes to the hazard or the hazard’s enclosure, it is recommended the Customer conduct a formal design evaluation. Formal system design evaluations are available by Silco upon request as additional services for an additional fee and are conducted by select individuals qualified to conduct these specialized evaluations.

Protection of Spaces Containing Hard Drives

Warning, Information, & Limitation of Liability

WARNING

All Fire Suppression Systems create noise prior to and during a system discharge. Recent incidents have found certain computer equipment, including hard drives, may be sensitive to noise. In some cases this has resulted in “catastrophic failure” where a high percentage of hard drives inside of data centers/server rooms fail, resulting in data loss/corruption and/or potential physical hard drive damage.

Inert gas systems, such as Inergen, are among the noisiest systems. However, all types of fire suppression systems create noise and pose risk.  Some, but not all, of the types of systems used to protect environments containing hard drives are Novec1230 systems, FM-200 systems, Ecaro systems, and Halon systems.

Some manufacturer and/or industry white papers claim that noise from notification horns/speakers, which exist with fire suppression systems as well as all building fire alarm systems, may also pose a risk.

Hard drives exist in many types of equipment, such as servers and telephone systems. It is important to understand what is inside the environment protected by your fire suppression system.

WHAT YOU CAN DO

There is no ideal way to protect your spaces containing hard drives from a fire and also avoid unwanted consequential damage. What follows are some of the options available to you that we are aware of at this time. If you would like to discuss these in more detail, please contact your local Silco office.**

  1. Water from a fire sprinkler system may suppress a fire but the water damage can result in a catastrophic loss. There are specialty sprinkler systems (Pre-Action Sprinkler Systems) that help reduce accidental discharge of water, but still water will be introduced as the medium for fire protection.
  2. Inert gas fire suppression systems, such an Inergen Systems manufactured by Ansul, is a form of clean agent fire suppression system that leaves no residue and is electrically non conductive. However these systems create noise as described above and can result in a catastrophic loss. Ansul released an updated version of its system that became UL listed in May 2018. The updated version creates less noise through a new valve design, nozzle design, and nozzle location parameters. Discharge times can also be extended due to a recent code change, which can soften the discharge. However, even with the newly designed system, the risk for data loss/corruption and physical hard drive damage still exists.
  3. Like the inert gas systems, chemical based clean agent fire suppression systems leaves no residue and is electrically non conductive. They are generally quieter than inert gas systems, but again these systems create noise as described above can result in a catastrophic loss. Common types of these systems include Novec1230 systems, FM-200 systems, Ecaro systems, and Halon systems.
  4. De-energizing equipment prior to clean-agent system discharge remains the recommendation of various codes and standards, such as NFPA 75 Protection of Information Technology Equipment 8.4.2.1 which states, “The power to all electronic equipment shall be disconnected upon actuation of a gaseous agent total flooding system…” Removing power to hard drives prior to a discharge event allows the drive to “park” and greatly reduce the likelihood of data loss/corruption and physical hard drive damage. However, we have found few companies willing to disconnect power to their IT environments due to other risks associated with disconnecting power.
  5. Early warning smoke detection is a technology that can detect smoke potentially minutes sooner than traditional smoke detection. This technology can be used in conjunction with Pre-Action Sprinkler Systems, Inert Gas Systems, and chemical fire suppression systems described above. When there is a real fire these systems can notify building occupants or the fire department sooner before water or gas is released.
  6. Research how your room and server rack construction can be modified to reduce noise. For example, we have heard rack doors with foam lined acoustic baffles may be an option to reduce the effects of noise.
  7. Consult your computer equipment manufacturer about noise sensitivity.
  8. Google and research the subject further. There are various white papers available on the subject from IT industry sources, Ansul, Siemens, IBM, and other sources.

 

ADDITIONAL CONSIDERATIONS

Variable speed hard drive capacity will continue to increase and perhaps drives will become even more sensitive to noise. However, solid state drives may be an option worth considering and may not be affected by noise. We highly recommend you consult with your computer equipment manufacturer.

LIMITATION OF LIABILITY

As mentioned above, there is no ideal way to protect spaces containing hard drives from a fire and also to avoid unwanted consequential damage. Silco shall have no liability for damage due to fire and/or consequential damages caused by water, noise, or other causes. This limitation of liability applies to damages resulting from a fire as well as damages caused by an accidental discharge of any kind including accidental discharges caused by a Silco employee or representative.

**However, please note Silco is not a computer data security or data protection company. You are expressly advised to follow your Owner obligations under NFPA 75 and perform the necessary risk analysis to determine the best ways and systems to utilize to mitigate noise related to your data storage facility rooms; this expressly includes consultation with your data and hard drive sellers and manufacturers. IF YOU DESIRE SILCO TO ASSIST YOU IN ANY WAY WITH YOUR OBLIGATIONS UNDER NFPA 75 IN PERFORMING A RISK ANALYSIS A SEPERATE CONTRACT WITH AN ADDITIONAL CHARGE IS NECESSARY AND REQUIRED.

**Customer expressly acknowledges that is has not relied upon any other oral or written representations, warranties, and or guarantees from Silco that are not otherwise expressed herein.

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Cincinnati: (513) 733-5655
Dayton: (937) 426-9717
Columbus: (614) 449-2101
Akron: (330) 535-4343
Cleveland: (216) 252-3851
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