HomeMy WebLinkAboutC97-240 Safe SystemsCT 24 04 7
Boulder • Denver — 3640 walnut • Br r, CO 80301 • (303) 444-1191
Ft. Collins — 1800 E. Harmony Road • Fort s, CO 80525 • (970) 482-6455
This Agreement is made this day of 19 by and between SAFE SYSTEMS, INC. ("Company's and "Subscriber". Subject to
the terms and conditions hereinafter set forth, and acceptanQ6 of this proposal within sixty (60) days, Company agrees to:
Vsell(except SAFELINK and inclusions) E] takeover and/of E] Installation Services ❑ prewire only � monitoring services fora commercial El residential
signaling system ("System'), consisting of the equipment specified within this Agreement or on the attached Rider which is incorporated lierein by reference. Equipment
design is subject to change by the manufacturer. Company's obligation is subject to the continued availability from the manufacturer of the equipment. Subscriber under-
stands that additional equipment, at additional cost. can provide increased detection ability, and SafeLink Long Range Radio Backup and inclusions and components remain
the sole property of Company, and Subscriber has voluntarily elected to accept the System based on Subscriber's personal reasons, i.e. cost, life style, pets, etc.
M Installation Charges. Subscriber agrees to pay Company the sum of A. ($ )
plus applicable taxes for the sale and installation of the System as follows: $ Up n signing this Agreement; $ Upon prewiring, if necessary;
The balance upon substantial completion of installation. A[�p
® Monthly Charges: Term: Payment: Renewal. Subscriber agrees to pay Company the sum of
Jf7 rSt' r,r
per month for monitoring services Quarterly KI Annually []for a period of year(s*This Agreement]shall piitomatically, without action by either party, extend
and renew itself under the same terms and co itions for successive periods equal to the initial period unless either pafty gives to the other at least thirty (30) days written
notice, prior to expiration date, of intention to terminate this Agreement upon its ori i 1 or any r ewed expiration date4Time is of the essence with regard to this para-
graph.
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QUANTITY L-"Xi'rf , N
)r, , Control Panel with Battery Backup
Standard Keypad(s)
Alphanumeric Keypad(s)
SafeLink Long Range Radio (Standard Antenna)
Inside Siren
Door(s)
Window(s)
Security Window Screen(s)
Standard Motion Detector(s)
360 Motion Detector(s)
Glassbreak Sensor(s)
Total Installation $__�74___—___ plus applicable taxes.
1
Supervised Open Close
Monthly Reports
Other
QUANTITY /
3,z Smoke Detector(s)Y;
I Heat Detector(s ` ;
Carbon Monoxide Detector(s)
Pull Station(s)
Horn/Strobe(s)
Wire to Flow
Wire to Tamper SwitchE,,;s / r&�
— (initial) ZapCheck EFT
Financial Institution
Please include a voided check.
Total Monthly$_—!3d• 4 10
Stbecriberauthor®s Companyy and thefnaicial
itSkatian desolated to make automatic payments
from the acco rx specified within this Agreement
('EFT). Aullomefic payrnertaii0o* shag remain
urthl canceled by Subscriber, Company or financial
irdilul oil desigrraled.
® DISCLAIMER AND LIMITATION Of LIABILITY, SUBSCRIBER AGREES AND UNDERSTANDS: THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PART-
NERS, PRINCIPALS, AGENTS, SERVANTS OR EMPLOYEES AND THEIR SUCCESSORS, ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES (HEREINAFTER INDIVIDUALLY AND COL-
LECTIVELY "BUSINESS") IS AN INSURER; THAT IT IS THE SPECIFIC INTENT OF THE PARTIES THAT (1) INSURANCE COVERING ALL LOSS, DAMAGE AND EXPENSE ARISING OUT OF
OR FROM, IN CONNECTION WITH OR RESULTING FROM PERSONAL INJURY INCLUDING, WITHOUT LIMITATION, MEDICAL, DISABILITY AND OTHER INSURANCE FOR PHYSICAL; MEN-
TAL AND EMOTIONAL CONDITIONS, LIFE INSURANCE, AND REAL OR PERSONAL PROPERTY INSURANCE, SHALL BE OBTAINED AND MAINTAINED BY THE SUBSCRIBER, (11) RECOV-
ERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY, AND (111) COMPANY AND BUSINESS ARE RELEASED FROM ANY
AND ALL LIABILITY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE; THAT COMPANY AND BUSINESS EXCEPT AS SET FORTH HEREIN, MAKE NO GUARANTEE, REPRESENTATION
OR WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE; THAT THE EQUIPMENT AND SERVICES ARE
DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS BEING CHARGED BY COMPANY ARE NOT SUFFICIENTTO WARRANTOR GUARAN-
TEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT COMPANY AND BUSINESS ARE NOT LIABLE FOR ANY LOSS OR
DAMAGE WHICH MAY OCCUR PRIOR TO, CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE IMPROPER PERFORMANCE
OF OR FAILURE TO PERFORM OF THE SYSTEM OR EQUIPMENT, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR
DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR OPERATE ANY REMOTE OR CENTRAL STATION; THAT SHOULD
THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR BUSINESS FOR PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN
CONNECTION WITH, ARISES OUT OF OR FROM, RESULTS FROM, IS RELATED TO OR IS A CONSEQUENCE OF THE DESIGN, SALE, LEASE, INSTALLATION, REPAIR, INSPECTION, TEST,
SERVICE, MAINTENANCE, TRANSMISSION OF SIGNALS, ELECTRONIC COMMUNICATION SERVICES OR MONITORING OF ANY EQUIPMENT OR SYSTEM, THE FAILURE OR IMPROPER
DISPATCH OF INDIVIDUALS TO THE PREMISES, THE FAILURE OR FAULTY OPERATION OF THE SYSTEM, EQUIPMENT, TRANSMISSION FACILITIES OR REMOTE/CENTRAL STATION
FACILITIES, OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING NEGLIGENCE PER SE OR GROSS NEGLIGENCE) OF BUSINESS OR COMPANY OR ITS
SUPPLIERS OR SUBCONTRACTORS, INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH OR SUBSEQUENT
TOTHE EXECUJION OF TgIS AGREEMENT, OR ANY )+LAIM(S) BROUGHT IN PfjODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT
EXPRESS OF61VPLIED, OR FOR CONTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPE-
CIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF
$250.00 COLLECTIVELY FOR COMPANY AND BUSINESS, AND THIS LIABILITY SHALL BE EXCLUSIVE.
IN THE EVENTTHATTHE SUBSCRIBER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUBSCRIBER MAY, AS A MATTER OF RIGHT, OBTAIN A
HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD
COMPANY OR BUSINESS AS AN INSURER.
M Increase In Charges. Company shall have the right to increase the charge(s) provided in paragraph 2 at any time or times after the expiration of one year from the date service Is commenced
under this Agreement upon giving Subscriber written notice thirty (30) days in advance of the effective date of such change4f Subscriber is unwilling to pay any revised charge, Subscriber must noti-
fy Company in writing twenty (20) days prior to the otherwise effective date of the change that this Agreement will be termin ed on the effective date of the change unless Company rescinds the
change, and thereafter Company may elect to resume the charge of the previous term thereby binding the Subscriber to the ill term of this Agreement. Ti a is of the essence fth regard to this
paragraph. r- V 11 a. v f, H n 1,J V— (t� � I
®Transmission of Data. Subscriber understands that transmission of signals from the devices with which the S�%stem 5 lquipped ("Devices) or the 'maybe via radlo telemetry, satellite
transmission, cable or wire (Telephone Circuit') and that alternative or additional protection can be installed at Subscriber's request and expense. Subscriber further understands that for equipment
which transmits signals via the Telephone Circuit there are various types of telephone line service. Including direct wire, and the Devices and System are not Infallible and Subscriber specifically
acknowledges that Company does not represent or warrant that the Devices, System or the transmission of signals from the Devices or the System via satellite transmission, radio telemetry, or tele-
phone line service may not be interrupted, circumvented or compromised. Subscriber understands that a digital alarm communicator transmitter is a non -supervised reporting device. Telephone
Circuit transmission of signals requires the telephone equipment, connection to the telephone network and the telephone line ("Telephone Equipment') to be compatible with the System, operating
and uninterrupted for a signal to be transmitted by the System or received by the digital alarm communicator receiver; If the Telephone Equipment Is incompatible, Inoperative or Interrupted by natural
or human causes including, without limitation, the cutting of the telephone line, there is no Indication of this fact at the remote/central station unless high -line security telephone line transmission, or
alternative transmission such as cellular telephone. radio or other technologies are selected by Subscriber. Subscriber further understands that satellite transmissions, radio telemetry and radio fre-
quency transmissions may be Impaired or Interrupted by ground interference or atmospheric conditions, including, without limitation, sun spots, electrical storms, power failures or other conditions and
events beyond the control of Company and that if satellite or radio transmissions are interrupted there may not be any Indication of this fact at the remote/central station and no signal can be received
by the remote?cent n while the interruption continues.
C O UBSCRIBER AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND BUSINESS FROM AND AGAINST AND PAY FOR ALL
CLAIMS, DEMANDS, SUITS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS^FEES, WHICH MAY BE ASSERTED ^
M Installation: Service: Delays. In order that Company m=v perform the services set forth herein, Subscriber agrees to provid^ ^.ompany with unrestricted access to the Premises and to permh
installation in accordance with Company's standard practices / carry reserves the right to substitute equipment of equal or bet formance at its discretion. Subscriber acknowledges that
Business and Company have no knowledge of existing hidd wires or other like objects within walls, floors, ceilings and ob ncealed spaces, and it Is Subscriber's obligation to advise
Company of such hidden objects, falling which Business and a any shall have no liability whatsoever for any damages, losses o penses for personal Injury, Including death, or to real or person-
al property caused by or Involving such hidden objects during Installation, repair, service, Inspection or maintenance of the System, even If due to the active or passive sole, joint or several negligence
(Including negligence per se or gross negligence) of Business or Company or its suppliers or subcontractors. Business and Company make no representation, promise, warranty or guarantee of
delivery and installation of equipment or commencement of services by any particular date, and Subscriber agrees that Business and Company shall have no liability for any loss, damage or expense
to Subscriber, Including any direct, special, incidental, exemplary, punitive or consequential damages sustained by Subscriber due to any delay in delivery, installation, commencement or completion
of services. In the event Subscriber Is responsible for any unexcused delay In installation of equipment, Company may, at its sole option, Increase the price set -forth in paragraph 1 by ten (10%) per
cent per delay, as liquidated damages and not as a penalty, or terminate this Agreement pursuant to paragraph 11 hereof.
' Wa to all equipment and material shall remain at all times in Company unless sold and
until fully paid. Company shall have a security Interest in the equipment and material sold hereunder until it Is fully paid, and Subscriber agrees to perform all acts which may be necessary to assure
Company's security interest in the equipment and material. Subscriber understands and agrees that Company may, In its sole and absolute discretion, lock out the panel In order to limit access to the
panel to Company only. Should Subscriber default in any payment hereunder, or upon termination of monitoring services for any reason, the receipt of signals from "runaway" Systems, Systems
which excessively signal Company's remote/central station without apparent reason, or Premises or Systems not under contract with Company, Subscriber authorizes and empowers Company to
remove the System from the Premises, to disconnect the System, to render the equipment incapable of signalling locally or communicating with its remote/central station by direct or remote program-
ming the removal or deletion of data inputted by Company for operation of the System or through any other means and to enforce any and all of Company's rights as a secured party under the
Uniform Commercial Code and the exercise of such rights shall not be deemed a waiver of Company's right to damages sustained as a result of Subscriber's default, and Company shall have the
right to enforce all other legal remedies or rights. If Subscriber prevents Company from exercising its rights under this Section, Subscriber agrees to pay to Company the sum of Felty ($50.00) Dollars
for each signal from the Premises received by the remote/central station, as liquidated damages and not as a penalty, plus all costs and expenses including, without limitation, actual attorneys' fees
and court costs incurred by Company as a party in any action at law or In equity arising out of this paragraph. Furthermore, Company shall be In no way obligated to repair, restore, or redecorate the
Premises in the event the equipment is removed pursuant to this Agreement. Company and Business shall in no event be liable for direct, special, incidental, exemplary, punitive or consequential ex-
pense, loss or damage to the Subscriber resulting from the exercise of such rights, whether due to the active or passive sole, joint or several negligence (Including negligence per se or gross negil-
gence) of Business or Company or its suppliers or subcontractors, and Subscriber hereby releases Company and Business for all such foregoing expense, loss and damage Incurred by the
Subscriber. Risk of loss or damage to the equipment shall pass to Subscriber upon delivery to the Premises. Subscriber agrees that the System, upon installation, shall remain personal property and
In no event shall be deemed to be realty, whether affixed to the Premises or not.
M Third Party Charges and Taxes. Unless Company agrees otherwise In writing, Subscriber shall pay all charges made by any telephone company or other utility for installation, leasing and
service charges for equipment necessary to connect the System to the telephone network or the remote/central station. Subscriber shall pay existing federal, state and local taxes and charges upon
Company (except taxes on net Income) and utility charges, and Company shall have the right, at any time, to prospectively Increase its charges to reflect any new or additional taxes or charges which
may hereafter be Imposed by any utility or any local, state or federal government or governmental agency relating to the services provided under this Agreement and which Company pays, and
Subscriber shall pay the same.
1j False Alarms. In the event the System Is activated for any reason whatsoever, the Subscriber shall pay without recourse or reimburse Company for any fines, fees, costs, expenses and
penalties assessed against Subscriber or Company by any court or local, state or federal government or governmental agency as a result thereof.
® Defsutt of Subscriber. In the event of any default by Subscriber or failure to pay any amount when due or termination, cancellation, or rescission by Subscriber other than as provided by law,
Company shall be entitled to retain all prepayments received, as liquidated damages and not as a penalty, and Subscriber shall Immediately pay to Company (a) all payments then due and payable
and (b) 50 percent of all payments which would be due hereunder for the unexpired term as liquidated damages and not as a penalty, and Company shall have no further obligation to perform under
this Agreement.
® Blndlna Agreement: Aoollcable Law. This Agreement becomes binding upon Company only () when signed by an authorized representative of Company, who must be a corporate officer If
any of the printed terms and conditions have been interlineated, altered or substituted by other wording, or (I) upon commencement of services checked above. This Agreement is binding on the
heirs, executors, administrators, successors and assigns of the parties, and shall be governed by and construed according to the laws of the state of Colorado.
® Asslanabillty of Agreement. This Agreement Is not assignable by Subscriber except upon the written consent of Company, which shall be in Company's sole and absolute discretion. This
Agreement or any portion thereof is assignable by Company in its sole and absolute discretion.
[M Finance and Late Chargee. Afinance charge of one and one-half (1-1/2%) percent per month (eighteen (18%) percent per years will apply to all obligations not paid pursuant to the terms
contained herein. Subscriber shall pay to Company an administrative fee (late charge) of 10% of any payment due hereunder received by Company after the date on which such payment Is due as
liquidated damages and not as a penalty.
® Monitoring Service. Monitoring service consists solely of the calling by telephone of third party professional agencies or the telephone number supplied by Subscriber In writing ("Proper
Authorities') upon receipt of signals transmitted from the System which are codes identified in writing (hereinafter "Listed Codes') or voice communication received from the Premises. No monitoring
service shall be rendered for signals received which are not Listed Codes or for voice communication which does not request assistance.
Company may first attempt to determine by one telephone call to the Premises whether the Listed Code(s) received representing a burglary alarm are false alarm signals before calling by tele-
phone Proper Authorities.
Company shall telephone third party professional agencies no more than once every fifteen (15) minutes for no more than one (1) hour upon receipt of recurring Listed Codes without any liabil-
ity of Company for () false alarm fines, (I) failure to telephone third party professional agencies at lesser intervals, or (ii) failure to telephone third party professional agencies at all after receiving
advice of dispatch from said agencies. Unless Subscriber, or others as directed in writing by Subscriber, are notified of the receipt of a Listed Codes) or voice communication upon initial receipt by
the remote station, Company shall telephone the Subscriber, or others as directed in writing by the Subscriber, no more than once every hour for no more than four (4) hours, without any liability of
Company or Business for failure to telephone the Subscriber, or others, at lesser intervals or for a greater period of time.
Notwithstanding anything contained herein to the contrary, upon receipt of a Listed Code and prior to telephoning any other person or entity, Company may, In its sole and absolute discretion,
contact or attempt to contact the Premises to confirm the necessity to report the receipt of a Listed Code to any other person.
Company's efforts to notify Proper Authorities shall be satisfied by advice by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by
leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.
Regain Insoectlon: Maintenance: Takeover Systems.
(a) Per call repair service consists of providing all necessary labor, material, parts and equipment to service the Subscriber's system, pursuant to the terms hereof, and Subscriber agrees to
pay Company on a time and material basis at Company's prevailing charges.
(b) Company makes no representation, promise, warranty or guarantee that there will be no Interruptions of service or delay In performing service. Company's sole obligation after receiving
a service request is to dispatch a service employee to the Premises within a reasonable time after a service employee becomes available, after receipt of Subscriber's request to do so. Subscriber
agrees that Company and Business shall have no liability for any loss, damage or expense to Subscriber, including any general, special, incidental, exemplary, punitive or consequential damages
sustained by Subscriber due to any delay in (1) dispatching any employee, (2) arrival at the Premises, or (3) in servicing the equipment, regardless of whether the delay is due to the active or passive
sole, joint or several negligence (Including negligence per se or gross negligence) of Business or Company or its suppliers or subcontractors.
(c) It is understood and agreed by the parties that all service to the System shall be performed by Company only, but Subscriber agrees that Company's duty to service the System is subject
to the availability of the original part or equipment from the original manufacturer, and to the terms of this Agreement and conditioned upon Subscriber notifying Company of the necessity for such ser-
vice, excluding maintenance service, lf applicable. Subscriber agrees to pay Company s minimum service call charge in the event Subscriber does not provide access when Company attempts to
provide service at the Premises.
(d) If the Company provides repair, Inspection, maintenance or monitoring service to Subscriber, Subscriber agrees that all repair, replacement or installation of additional goods or equipment
to the System shall be supplied and installed by Company only. All such sales, service and Installation shall be paid by Subscriber on a time and material basis at Company's prevailing charges.
Installation of additional equipment to the System shall result in an additional charge for repair; Inspection, maintenance and/or monitoring services at Company's prevailing charges. Subscriber
agrees that Company shall have the right, in its sole and absolute discret.on and without liability, to terminate any lease, repair, Inspection, maintenance or monitoring contract(s) with Subscriber if any
repair, replacement or installation of goods or equipment are performed by other then Company and this shall be a default under this Agreement.
(e) If the System is a takeover, In whole or in part, Company reserves the right, In its sole and absolute discretion, to terminate this Agreement at any time by ten (10) days written notice to
Subscriber in the event Company determines, In its sole and absolute discretion, that there have been excessive activations of the System, that the Subscriber has abused the System or that the
number of problems or cost of service has been or may become excessive, and Subscriber shall be entitled to reimbursement of the pro rata cost paid for the then current period on request of
Subscriber and this shall be the limit of Company's liability.
® Electronic Communication Services. Electronic communication services (aka remote programming) consists of Inputting, modifying, deleting and using electronic data concerning operation
of the System through electronic communication between the System and Company's office or remote/central station. If electronic communication services Is checked above or If Subscriber requests
this service orally or in writing, Subscriber hereby consents to Company's performance of all such services pursuant to Company's prevailing charges for such services, which Subscriber shall pay to
Company. Subscriber hereby releases Business and Company for all general, special, Incidental, exemplary, punitive and consequential expense, loss or damage to Subscriber, whether due to the
active or passive sole, joint or several negligence (Including negligence per se or gross negligence) of Business or Company or its suppliers or subcontractors arising out of or from, In connection
with, resulting from, related to or as a consequence of electronic communication services.
Swavension of Service_ Subscriber agrees that Company's obligations hereunder are waived and released automatically without notice and without liability to Company for any general, spe-
cial, incidental, exemplary, punitive or consequential expense, loss or damage to Subscriber, in case the remote/central station, telephone network, equipment, or facilities necessary to operate the
System or remote/central station are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such Interruption of service, and Subscriber shall be entitled to
reimbursement of the pro rate cost paid for the period of Interruption on request of Subscriber.
� LIMITED WARRANTY
A. COMPANY HEREBY WARRANTS TO SUBSCRIBER ALONE ONLY THAT ALL OF THE MATERIAL IS INSTALLED INA GOOD AND WORKMANLIKE MANNER. IN THE EVENT THAT
ANY PART, SHALL BECOME DEFECTIVE WITHIN ONE (1) YEAR FROM THE DATE OF THE ORIGINAL INVOICE FOR THIS INSTALLATION, OR FOR A TERM EQUAL TO THAT PROVIDED BY
THE ORIGINAL EQUIPMENT MANUFACTURER, WHICHEVER IS LESS, COMPANY SHALL REPLACE OR REPAIR THE DEFECTIVE PART WITHOUT CHARGE TO SUBSCRIBER. THIS WAR-
RANTY IS NOTASSIGNABLE.
B IF SUBSCRIBER SHALL DISCOVER A DEFECT IN THE PRODUCTS SUPPLIED UNDER THIS AGREEMENT, SUBSCRIBER SHOULD IMMEDIATELY CONTACT COMPANY IN WRIT-
ING OR BY TELEPHONE, AT THE ADDRESS AND TELEPHONE NUMBER SET FORTH, AND FULLY DESCRIBE THE NATURE OF THE DEFECT SO THAT REPAIR SERVICE MAY BE REN-
DERED.
C. EXCEPT ASSET FORTH IN PARAGRAPH A, COMPANY AND BUSINESS MAKE NO EXPRESS WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITA-
TION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED.
D. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO MATERIAL OR EQUIPMENT CAUSED BY ACCIDENT, VANDALISM, SUBSCRIBER NEGLIGENCE, FLOOD, WATER, LIGHTN-
ING, FIRE, INTRUSION, ABUSE, MISUSE, AN ACT OF GOD, ANY CASUALTY, INCLUDING ELECTRICITY, ATTEMPTED UNAUTHORIZED REPAIR SERVICE, MODIFICATION OR IMPROPER
INSTALLATION BY ANYONE OTHER THAN COMPANY, OR ANY OTHER CAUSE OTHER THAN ORDINARY WEAR AND TEAR. COMPANY SHALL NOT BE LIABLE FOR ANY GENERAL,
DIRECT SP PL6B.Y. EZIJIVE,INCIDENTAL OR SUBSCRIBER ACKNOWLEDGES: THATANY AFFIRMATION OF FACT OR PROMISE MADE BY
COMPANY SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY: THAT COMPANY DOFS NOT MAKE ANY RFPRFSFNTAT10N nR WAPRANTV lure I InINr. ANv Incl Icn WAo-
r-AStS ncUrvwt I ht SIGNALING MONITORING AND RESPONSE FOR WHICH IT WAS INTENDED; THAT SUBSCRIBER IS NOT RELYING ON COMPANY'S SKILL OR JUDGMENT IN
SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR PURPOSE; THAT THERE ARE h0 EXPRESS WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE
OF THE AGREEMENT HEREOF, OR HEREIN, AND THAT ALL IMPLIED WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO
STATE.
M Qomoany DuN Concyrninn_Pronany of 01hers. Subscriber agrees that Company has no responsibility for the condition or operation of any equipment, device, or property of any sort of
Subscriber, the telephone company or others ("Property'). If Company provides service to Property, Subscriber agrees that paragraphs 3, 6, 16(b), 20 and 22 hereof shall apply to all such service
and Subscriber shall pay for such service on a time and material basis at Company's prevailing charges. If the System transmits signals by cable or Telephone Circuit, Subscriber acknowledges that
(a) the communication between the System at the Premises and Company's central station is via the cable or telephone network, (b) the cable or telephone network may not transmit the communica-
tion from the System, and (c) Company's sole obligation under such circumstances Is to notify the subscriber that the cable or telephone network Is not operating within a reasonable time after
Company receives information advising it of said problem.
M Co tractud Llmltgtlon of Action*. All claims, actions or proceedings, legal or equitable, against Company or Business must be commenced in court within one (1) year after the cause of
action has accrued or the act, omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time, or said claim, action or proceeding
is barred, time being of the essence of this paragraph
® Intearated Agreement: Modlflcetlons. This Instrument contains the entire Agreement between the parties hereto with respect to the transactions described herein and supersedes all previ-
ous and contemporaneous negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, whether written or oral, pertaining thereto, all of
which shall be deemed merged into this Agreeme^t. Neither party has authority to make or claim any representation, term, promise, condition, statement, warranty, or inducement which is not
expressed heren. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, Invalid or unenforceable to any, extent, the validity and enforceability of the
remainder of the provision and this Instrument, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall continue In full force and effect as valid, binding
and subsisting. All changes or amendments to this Agreement must be in writing and signed by the parties to be binding on the parties.
