St. Paul Sign Bollard System Disclaimer

DOCUMENT VERSION REFERENCE CODE: SPS.BSD.7.23.2020

This disclaimer serves to educate the customer about the potential hazards of having a bollard system(s), describes transfer of liability to the customer after completion of installation and points out helpful safety tips.
All customers who contract St. Paul Sign must read, understand, acknowedge and sign this document before a BOLLARD SYSTEM installation is to commence.
This document version will never change, so it can be referenced by the code above. This enables the reference code to be referred to and accepted in other documents.
It is recommended that you have an attorney look over this document if you don’t fully understand this document.

DEFINITIONS

WE, US or SPS refers to Geometry Inc. dba St. Paul Sign.
The CUSTOMER is comprised of all persons or parties with interest in the entity that is hiring SPS to install a BOLLARD SYSTEM. The term CUSTOMER PARTIES is used at signatures to emphasize that all persons who head the entity must sign.
BOLLARD SYSTEM is to include any and all configurations of bollards and all related items to their installation, the bollard pipe, the concrete, the reinforcement etc.
PROPERTY is the property where installation is happening. The PROPERTY includes land and building(s) owned, leased, rented or otherwise controlled by the CUSTOMER.
CONVENTIONAL in reference to bollards means “not crash-rated” bollards.
BARRIER refers to a BOLLARD SYSTEM that is explicity designed to stop cars from passage beyond and into a protected area. A non-barrier system includes stand-alone bollards that serve to hold a sign, or protect a corner of a building etc.

UNDERSTANDING BOLLARD SYSTEMS

With bollards and/or bollard barriers, it is important that you, as the CUSTOMER, understand that there can be no guarantee that a vehicle of ANY weight at ANY speed will be stopped from penetrating through a BOLLARD SYSTEM and beyond, colliding into the very thing you were attempting to protect.

STOPPING VEHICLES IS AN INEXACT SCIENCE

This is an inexact science because their are so many variables. One may surmise that, “well, definitely an economy car is going to bust through a line of 8″ Schedule 40 Pipes” but physics tells us that there exists some speed at which it could penetrate the barrier. Maybe that’s 200MPH? Or 10MPH?

THERE’S ALWAYS A BIG ENOUGH VEHICLE TO BREACH BOLLARD(S)

Additionally, a “heavy enough” vehicle may be able to breach any bollard barrier. And if someone is a driver who is not concerned with their own welfare, all bets are off. Terroristic ram-raid preparedness requires exceptionally stout bollards and bollard barrier designs. And these are not always going to be adequate.

EVERY INSTALL IS UNIQUE

Finally, a particular install has unique characteristics that determine its fortitude. These characteristics may fortify or weaken the system. These include the type and quality of the earth around footings or trench, unseen weaknesses in concrete, weaknesses or defects in pipe, the vehicular approach to barrier and how it governs vehicle speeds etc. There are so many variables, we cannot claim 100% certainty of anything in regards to the bollards’ or bollard barrier’s capability.

NO GUARANTEES ON PERFORMANCE

In speech or in writing, we may appear to make certain claims about how a bollard or bollard barrier will perform. We must do that in order to determine a sufficient solution for the CUSTOMER. However, the CUSTOMER must understand that we really have no way of knowing for sure how something will perform. It’s really a “best guess”.

WHERE THERE’S A WILL, THERE’S A WAY

SPS makes no claims or guarantees on the capability of any bollard or barrier it installs, to stop a sufficiently motivated ram-raider, whether they be a terrorist, burglar, vandal, errant vehicle or otherwise. If someone wants to bad enough, they will find a way to breach your bollard(s) or bollard barrier.

CRASH-RATED BOLLARDS

If you, the CUSTOMER, are having us install a BARRIER type BOLLARD SYSTEM and are not having us install crash-rated bollards like the C40, K4 or K12, it is important that you know for yourself why you have chosen not to do so. It is important that the CUSTOMER knows about them and their benefits. If you are having us install a BARRIER type BOLLARD SYSTEM, by signing this document, you acknowledge that you were given the option to install the BARRIER using crash-rated bollards instead of CONVENTIONAL bollards.

TRANSFER OF LIABILITY

TRANSFER OF LIABILITY TO THE CUSTOMER UPON COMPLETION

SPS is insured for liability during the installation process only.

Upon completion of the installation, the CUSTOMER shall inspect the installation and, at their discretion, may have an unbiased qualified person inspect the installation and give a final approval. If the CUSTOMER waives this “customer’s option to inspect” OR fails to notify St. Paul Sign of an inspection within 3 business days of completion, the installation is considered completed and liability is transferred in whole to the CUSTOMER at that time. If the CUSTOMER has made plans for a third party to inspect, the CUSTOMER shall notify St. Paul Sign at sales@stpaulsign.com as to the date of the inspection. The inspection date cannot exceed 5 business days beyond completion of installation, unless accepted as so, by a representative of SPS.

CUSTOMER IS GUARANTEED SOLID WORKMANSHIP

If it should come to the CUSTOMER’S attention that something was done incorrectly or executed poorly, during installation or after transfer of liability, WE urge the CUSTOMER to let US know so we can remedy the problem ASAP. It is the CUSTOMER’S responsibility to let SPS know of any issures so that a potential hazard does not linger and invite an accident or extenuating problems.

CUSTOMER HOLDS ST. PAUL SIGN HARMLESS

After the transfer of liability to the CUSTOMER, and being that SPS cannot guarantee the performance of a bollard installation, the CUSTOMER agrees that SPS cannot be held liable for damages, injuries or loss to theft or otherwise as a result of:

a BOLLARD SYSTEM that has failed to perform as expected.
a BOLLARD SYSTEM that has been determined to have contributed to the injury or any person(s). This includes pedestrians, cyclists, motorists or any person that is determined to have been, or claims to have been injured as a result of the BOLLARD SYSTEM.
a BOLLARD SYSTEM that, by the fact of its existence, has contributed to the event of a person or person(s) being pinned between any part of the BOLLARD SYSTEM and a moving object. It is understood that, had the BOLLARD SYSTEM not existed, the resulting injuries may have been reduced or negated. For instance, a person can become pinned between a BOLLARD and an automobile, thus resulting in injury or death. If the BOLLARD SYSTEM was not there, then maybe the person would not have been injured.
a BOLLARD SYSTEM that for lack of maintenance has resulted in ANY loss of ANY kind. For instance, a bollard has been bent over in such a way that has caused injury due to it’s abnormal condition. Here, you must contact SPS or another capable contractor for a remedy. It is a must that bollards are maintained in proper working order, and it is the responsibility of the CUSTOMER to take periodic stock of the BOLLARD SYSTEM’S condition, and to contact a capable contractor for remediation.
horseplay of anykind, on or around a BOLLARD SYSTEM. This includes sports that are performed near a BOLLARD SYSTEM: skateboarders, rollerbladers, cyclists, runners or other active performers that have, by collision or otherwise, with a the BOLLARD SYSTEM, become injured or killed.
a BOLLARD SYSTEM that, as a result of weather, catastrophic events, freak accidents or acts of God has resulted in personal injury or monetary loss. One example might be lightning strikes.
a BOLLARD SYSTEM that is deemed or claimed to be unsafe because it is not Safety Yellow, Safety Orange or any Highly Visible color. We always recommend Safety Yellow, but the CUSTOMER decides what color(s) the BOLLARD SYSTEM is. And if intended to be a Highly Visible color, the CUSTOMER is responsible to maintain that color should it fade or be somehow compromised. We always recommend bollard covers for longevity of brightness, rather than the duty to paint the bollards often. It is also recommended to use 3M reflective products like tape or reflectors.
A vehicle accident that involves the BOLLARD SYSTEM in any way.
ANY other reason that may have been obviously overlooked while writing this document. One cannot list all possible hazards.

ASSUMING RESPONSIBILITY

CUSTOMER ACKNOWLEDGES POTENTIAL DANGERS PRESENTED BY BOLLARD SYSTEM

You, the CUSTOMER, having read and understood all potential dangers outlined in this document, acknowledges the risks, herein described, that you are accepting by signing and dating this document. Signatures are required by all CUSTOMER PARTIES (all persons that constitute the CUSTOMER) as described in the preamble.

CUSTOMER AGREES TO WARN OTHERS OF POTENTIAL HAZARDS

By signing and dating this document, the CUSTOMER agrees to warn people on their PROPERTY about the potential hazards of the BOLLARD SYSTEM, where they deem appropriate, and thereby, does not fault SPS for failing to do so. It is the CUSTOMER’S responsibility to warn their patrons, visitors and the general public who may frequent their PROPERTY of the hazards that may have been presented by the BOLLARD SYSTEM installation. This may be especially significant to “regulars”, those to whom the new BOLLARD SYSTEM is a change to their surroundings. For example, a blind person may find the bollards quite disorienting so the CUSTOMER should take it upon themself to detail the new BOLLARD SYSTEM to the blind person.

SIGNATURES

SPS Representative __________________________________________________________________ Date _____________________

All CUSTOMER PARTNERS must sign

“I have read, understand and agree with all that this document describes.”

CUSTOMER _________________________________________________________________________ Date _____________________