Relationship of Parties; No Liability. Customer acknowledges and agrees that each of the Armored Companies is an independent contractor, the Armored Companies are not an affiliate or subsidiary of Bank or otherwise owned or controlled by Bank or any of Bank’s affiliates or subsidiaries, and is the Armored Companies are not employees, partners, or agents of Bank. Bank makes no representation or warranty as to the Services or Safe, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, accuracy, or completeness. Bank shall not be responsible or liable for any function or malfunction of equipment or a Safe, including, but not limited to, any damages or losses relating to non-transmission of information by a Safe. No Cash or Check shall be deemed to be in Bank’s possession until the Cash or Check is actually received and physically held by Bank’s personnel at its offices. Receipt of Cash or Checks by either Armored Company will not be deemed receipt by Bank. Bank shall not be responsible or liable for any damage to, or loss, theft, or disappearance of, any of your property or funds, including without limitation Cash or Checks, in the possession, custody, or control of either Armored Company. Customer hereby agrees to release, defend, indemnify, and hold Bank harmless from and against any and all losses which Customer may have as a result of any claims which arise or may arise relating in any way to the Services or Safe and the transfer and exchange of Customer’s information between Bank and the Armored Companies, and in no event shall Bank be liable for any indirect, consequential, incidental, punitive, exemplary or special losses or damages, or expenses which Customer may incur by using the Services or Safe or the transfer or exchange of Customer’s information between Bank and the Armored Companies, whether or not the possibility or likelihood of such damage was known or contemplated by the Bank. Customer’s sole remedies and recourse for any losses or claims related to the Services or Safe shall be against the applicable Armored Company and not Bank.
