THE FOLLOWING TERMS APPEAR ON
THE REVERSE SIDE OF OUR AGREEMENT
ADDITIONAL TERMS AND CONDITIONS
1. SERVICE FEE ADJUSTMENTS. The service fee specified herein shall be firm for a period of twelve (12) months from the date of commencement of services hereunder. Upon sixty (60) days notice to Subscriber, Company may adjust the service fee, effective at the end of said twelve (12) month period or at any time thereafter, and this Agreement shall be modified accordingly, provided if an adjustment would result in the service fee being increased by a total of more than fifteen percent (15%) during any (12) month period. Subscribers may terminate agreement effective the date of such adjustment.
2. FIRE ALARM SERVICE. If fire alarm service is provided under this Agreement, Company agrees to cause transmission to the appropriate municipal fire department all fire alarm signals received at its central station from the signaling system installed hereunder unless it is the best judgment of the Company that the cause of such signals shall first be investigated by telephone or dispatching a representative of Company to Subscriber’s premises.
3. BURGLAR ALARM SERVICE. If burglar alarm service is provided under this Agreement, company agrees to cause transmission to the appropriate municipal police department all burglar alarm signals received at its central station from the signaling system installed hereunder unless it is the best judgment of the Company that the cause of such signals shall first be investigated by telephone or dispatching a representative of Company to Subscriber’s premises. Subscriber to pay all unnecessary runs caused by operating errors of its employees or agents.
4. HOLDUP ALARM SERVICE. If holdup alarm service is furnished under this Agreement, Company, on receipt of a holdup alarm signal from Subscriber’s premises, agrees to cause transmission of the alarm promptly to headquarters of the public police department.
5. TITLE AND RISK OF LOSS. Title to Protective Signaling System components shall remain with Company, while risk of loss shall reside solely with Subscriber. Subscriber agrees to indemnify Company against all loss or damage to Protective Signaling System components beyond normal wear and tear. Subscriber will not remove nor permit removal of Protective Signaling System components. Transmitting or programming components always remain the property of Security Concepts Inc. The Company reserves the right of removal, reprogramming, or charge for its losses for a period of five years in the event the subscriber refuses access for removal or reprogramming of these components.
6. INSURANCE, LIMITATION OF LIABILITY, AND WARRANTY. Subscriber agrees to provide fire and extended coverage, theft, vandalism, and sprinkler leakage insurance covering Subscriber’s premises, including Protective Signaling components, to the extent of the full value thereof and with loss payable to Company as its interests may appear, and Subscriber hereby waives any and all rights against Company for any loss resulting from perils, regardless of their cause which are or should be insured against hereunder. Subscriber shall provide Company with satisfactory evidence of such insurance. If Subscriber fails to so insure, Company may do so at Subscriber’s expense.
Subscriber agrees that Company is not an insurer, that payments hereunder are based solely upon the value of those services and equipment selected and specified by Subscriber and described herein, and that said payments are not sufficient for Company to assume the risk of any damage to Subscriber resulting from Company’s failure to perform any of its obligations hereunder. The parties agree that no representation has been made that the services and equipment provided hereunder cannot be circumvented or will always provide the protection for which installed.
Company shall not be liable for, and Subscriber waives any rights against Company on account of any loss or damage, direct, indirect, or consequential, regardless of the cause thereof, arising out of this Agreement, including without limitation, fire, theft, strike, flood, accident, delay in installation of equipment, breakdown of equipment, or phone lines, acts of God, or the negligence of Company, its agent or employees, except that Company will indemnify Subscriber for any loss or damage directly, solely and proximately resulting from Company’s negligence while installing or servicing Protective Signaling System components, provided this loss or damage does not relate to failure of the equipment, or services contracted for hereunder, to perform properly.
Since it is impractical and extremely difficult to fix actual damages which may arise due to the faulty operation of the system or failure of the services provided, if there shall, notwithstanding the above provisions, at any time arise a liability on the part of Company by virtue of this Agreement or the relation hereby established, whether due to the negligence of Company or otherwise, such liability shall be limited to an amount equal to six (6) times the monthly service fee provided for hereunder, or $250, whichever shall be the lesser.
This liability shall be complete and exclusive. In the event that the Subscriber wishes to increase the maximum amount of such damages. Subscriber may, as a matter of right, obtain from Company a higher limit by paying an additional amount proportioned to the increase in damages.
Company shall not be liable for any tampering of telephone lines or any connecting lines from Subscriber’s premises to Central Station, Police Department, or any other remote reporting location. Company also does not assume any liability for telephone companies actions either direct or indirect relating to installation and/or service of required telephone lines.
Company makes no warranty other than as expressly stated in this Agreement and hereby disclaims any other expressed or implied warranties, including those of merchantability or fitness for a particular purpose.
7. ACCESS. Subscriber shall provide Company with reasonable means of access to all Protective Signaling System components. Company is authorized to make any preparations of the Subscriber’s premises necessary for the installation and maintenance of Protective Signaling System components.
Subscriber warrants that he has full authority to permit the installation of said Protective Signaling System components. Company is authorized to make any preparations of the Subscriber’s premises necessary for the installation and maintenance of Protective Signaling System components.
Subscriber warrants that he has full authority to permit the installation of said Protective Signaling System components and further agrees to indemnify and hold company harmless against any claim, suit or any other action whatsoever, alleging Company’s wrongful entry onto the premises and/or seeking damages in consequence thereof.
8. MAINTENANCE. Company shall, during its normal working hours and for the duration of this Agreement, be responsible for the repair or replacement of Protective Signaling System components, except as may be otherwise provided herein.
The Subscriber expressly covenants and agrees not to tamper with, disturb, injure, or remove or otherwise interfere with said apparatus nor to permit the same to be done. It is further agreed that the apparatus shall remain in the same location as installed, and any removal or disturbance thereof resulting from painting, altering, or remodeling, or any changes whatsoever necessitating any work by way of repairs, relocation, or otherwise on said apparatus, or if the underwriters of any inspection bureau having jurisdiction shall require any changes, shall be paid for by the Subscriber in accordance with standard charges of Company in addition to all other charges mentioned herein.
Company is hereby authorized to make any preparations such as drilling holes, driving nails, making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the electrical protection apparatus and Company shall not be responsible for any condition created thereby during the installation, maintenance or removal of the equipment, and further, Company shall not be responsible for the condition of premises upon the removal of the apparatus and Subscriber warrants that it has full authority from the owner and/or any other person in control of the premises to permit the installation of the apparatus under all conditions herein mentioned.
It is understood and agreed that Company’s obligation relates to the maintenance solely of the specified protective signaling system, and that Company is in no way obligated to maintain repair, service, replace, operate or assure the operation of the property, system, or any device or devices of the Subscriber or of others to which Company’s said system is attached.
9. TERMINATION. This Agreement may be immediately terminated by either party without liability upon written notice to the other in the event Company is unable to obtain or retain the use of leased telephone lines, or in the event Protective Signaling Systems components or Protective Signaling System Control Center are destroyed by fire or other catastrophe or substantially damaged so that it is impractical to continue service, or in the event Subscriber’s premises are so destroyed or damaged.
This agreement may be terminated by the Company, without any liability whatsoever, upon written notice, in the event that the Customer should become (3) three month in arrears of the Customers monthly or annual charge. The Customer agrees to be fully liable for all expenses, cost, and attorney’s fees required for the collection of unpaid monies. The Company reserves the right to charge interest, at the highest legal rate, on delinquent accounts.
Upon termination or cancellation of this Agreement, Company may, at its option remove the abandon Protective Signaling System components and shall have no further obligation to Subscriber with respect to the condition of the premises or otherwise. Subscriber agrees that for any termination or cancellation caused because of its default, Subscriber shall immediately pay to Company all service fees accrued to the date of termination or cancellation, one-half (1/2) the service fees for the balance on the Agreement period, and any reasonable attorney fees, administrative telephone service and/or any other fees necessary to obtain said amounts.
10. TAXES. Subscriber shall be liable for and pay any excise, sale or property taxes with may be imposed because of this Agreement.
11. ELECTRICITY. Subscriber shall furnish, at its own expense, any and all necessary electric current needed for the performance of this Agreement.
12. ASSIGNMENT. Either party may assign this Agreement only with the written consent of the other party, such consent not to be unreasonably withheld, provided however, that Company may, without Subscriber’s consent, assign this Agreement to any subsidiary or affiliate or any purchaser of substantiality all of Company’s Protective Signaling System business.
13. ENTIRE AGREEMENT. Customer acknowledges that he is aware that no alarm system can guarantee prevention of loss; that human error on the part of Security Concepts Inc. or its municipal authorities is always possible, and that signals may not be received if the transmission mode is cut, interfered with, or otherwise damaged. This agreement constitutes the entire agreement between the Customer and Security Concepts Inc. Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in writing in this agreement shall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualification, except as specifically modified in writing. The terms and conditions of this agreement shall govern notwithstanding any inconsistent or additional terms and conditions or any purchase order or other document submitted by the Customer.
14. ADDITIONAL CHARGES. Subscriber to pay all municipal permit fees, fines, or any other assessments.
Any increased charges made by the Telephone Company for leased lines used in connection with the service rendered under this Agreement shall be borne by the Subscriber.
It is understood and agreed that any electrical outlets required in conjunction with this alarm installation shall be installed by Subscriber at Subscriber’s expense.
An additional charge shall be made for any repairs made for any repairs necessitated by other than ordinary wear and tear in accordance with standard charges of Company.
If any agency, or bureau having jurisdiction, or Subscriber by his or its own act, shall require or make necessary any changes in the signaling system as originally installed, Subscriber agrees, on demand, to pay for the cost of such changes.
15. OPERATING AND TESTING. Movement detection devices will be tested by Subscriber daily before setting alarm system. The responsibility of notifying Company of the failure of a detector to operate properly is the sole and exclusive responsibility of the Subscriber.
It is understood and agreed that it is the obligation of the Subscriber to properly operate the system. In the event the Company receives more than three (3) signals from the Subscriber’s premises, which signal shall be caused by no apparent reason or because of the Subscriber’s failure to properly operate and set the system in accordance with the instructions, or and/or written which may have been received from the Company, then the Subscriber hereby agrees to pay in addition to the charges herein imposed a service charge for each additional "false alarm" at the rate normally charged by the Company for responding to such alarms.
16. THIRD PARTY. In the event any person, not a party to this Agreement, shall make any claim, or file any lawsuit against Company for any reason whatsoever, including, but not limited to the installation, maintenance, operation, or nonoperation of the alarm system, Subscriber agrees to indemnify, defend, and hold Company harmless from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees whether these claims be based upon alleged intentional conduct, active or passive negligence, or strict or product liability on the part of the Company, its agents, servants, or employees.
17. APPROVAL. This Agreement is not binding unless approved in writing by an Authorized Representative of the Company. In the event of failure of approval, the only liability of Company shall be to return to Subscriber the amount, if any, paid to Company upon signing this Agreement.
51 Manhassett St.
Cranson, RI 02910
401-739-3844
1-800-640-3844
Fax: 401-823-9156
