UPDATED TERMS OF SERVICE
1. Customer Emergency Information Schedule: You agree to furnish a Customer Emergency Information Schedule to American Alarms and you will keep current this Customer Emergency Information. If you wish to make a change in your Customer Emergency Information Schedule, please call (919) 460-5995. American Alarms has no obligation to telephone any emergency agency or person other than the agency or person named in your most recent Customer Emergency Information furnished to American Alarms. YOU UNDERSTAND THAT AMERICAN ALARMS DOES NOT REPRESENT OR PROMISE THAT ANYONE TELEPHONED BY IT WILL RESPOND TO THE CALL.
2. Revised Limits of Liability:
In a recent audit by our insurance provider, they asked that we revise our current limits of liability. In lieu of asking our customers to sign a new contract, we are asking that you electronically sign this amendment to your current agreement. Your pricing and terms will not change. We value and appreciate your business
Subscriber agrees and understands: that the company is not an insurer and that insurance covering personal injury, including death, and real or personal property loss or damage in, about, or to the premises shall be obtained by the subscriber; that the company, except as set forth herein, makes no guarantee of representation or warranty, including, but not limited to, 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 the company are not sufficient to warranty or guarantee that either no loss or damage will occur or increased loss or damage will not occur; that the company is not liable for any loss or damage which may occur prior to, contemporaneously with, or subsequent to the execution of this agreement even if due to the active or passive sole, joint, or several negligence of the company or its agents, servants, employees, suppliers, or subcontractors or to the improper performance of and/or failure to perform of the equipment or breach of contract, express or implied, or breach, or warranty, express or implied, or by loss or damage to facilities necessary to operate the central station. Since it is impractical and extremely difficult to fix actual damages for personal injury and/or property damage which may arise due to the design, sale, installation, repair service, monitoring of any system, and/or the dispatch of individuals to the premises, and/or the failure or faulty operation of equipment and/or the active or passive sole, joint, or several negligence of the company and/or its agents, servants, employees, suppliers or subcontractors and/or any claim brought in product or strict liability and/or breach of warranty, express or implied, and/or breach of contract, tort or equity, including, but not limited to, any general, direct, special, incidental, exemplary, punitive and/or consequential damages, irrespective of cause, including acts, errors, or omissions which occur prior to, contemporaneously with or subsequent to the execution of this agreement, such liability shall be limited to the maximum sum of $250.00, and this liability shall be exclusive. In the event that the subscriber wishes to increase the maximum amount of such limited liability, the subscriber may, as a matter of right, obtain from the company 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 the company as an insurer.
3. Central Station monitoring service consists solely of the calling by telephone of third-party professional agencies and /or the telephone number supplied by referred to herein. Company does not have power of control to affect any response or response time by any responding authority.
4. Subscriber understands that transmission of signals from the devices with which the System is equipped (“devices”) and/or the System may be via radio telemetry or wire (telephone circuit) and that alternative or additional protection can be installed at Subscriber’s request and expense. Subscriber acknowledges that a zone or zones have been assigned to areas of the premises and subscriber has been provided. Subscriber further understands that for equipment which transmits signals via the telephone circuit there are various types of telephone line service, including direct wire, voip, internet phone, etc., and the devices 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 of the System via radio telemetry or telephone line service may not be interrupted, circumvented or compromised. In addition, Subscriber understands that a digital central station communicator is a non-supervised reporting device which requires the telephone line to be operative for a signal to be received by the central station; if the telephone line is not operative there is not indication of this fact at the central station and no signal can be received by the central station while the telephone line remains inoperative. In the event of power or internet loss the voip or internet phones will not function and therefore the customer should consider a backup communication system. insurance or bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. It is expressly understood and agreed that no insurance company, insurer, or bonding company or their successors or assigns shall have any rights created by a Loan Agreement, Loan Receipt, or other like document of procedures, or any right of subrogation against Company.
5. Subscriber does hereby for him/her/itself and all parties claiming under him/her/itself release and discharge Company from and against all hazards covered by insurance or bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. It is expressly understood and agreed that no insurance company, insurer, or bonding company or their successors or assigns shall have any rights created by a Loan Agreement, Loan Receipt, or other like document of procedures, or any right of subrogation against the company.
6. Subscriber agrees to indemnify, defend and hold harmless Company from and against all claims, demands, liabilities, damages, losses, expenses, including attorney’s fees and lawsuits which may be asserted against or incurred by Company by or due to any person not a party to this Agreement for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, installation, repair service, monitoring, dispatch of individuals, recording of communications, operation or non-operation of the central station equipment, whether due to the sole, joint or several negligence of Company or its agents, servants, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
7. Due to the disruption of Company’s business caused by receipt of signals from Premises not under contract with Company, upon termination of this contract for any reason, Subscriber empowers and authorizes Company to refrain from monitoring the System and/or to render the equipment incapable of communicating with its Central Station, without any liability to Subscriber, and Subscriber hereby releases Company for all general, special, incidental, and consequential expense, loss and damage to Subscriber, whether due to sole, joint, or several negligence of Company, its agents, servants, employees, suppliers, or subcontractors.
8. Subscriber shall pay all charges made by any telephone company or other utility for installation, leasing, and service charges or equipment necessary to connect the System to the central station. Subscriber acknowledges that the charges set forth herein reflect currently existing federal, state, and local laws and utility charges, and that Company shall have the right at any time to prospectively increase the annual rate for Services to reflect any new or additional taxes or charges which may hereafter be imposed by any new utility, local, state, or federal government or governmental agency, relating to the services provided under this Agreement and which company pays; and Subscriber agrees to pay the same. In the event the system is activated for any reason whatsoever, the Subscriber agrees to pay without recourse or to reimburse Company of any fines, fees, costs, expenses, and penalties assessed against Subscriber and/or Company by any court or local, state, or federal government or agency as a result thereof. Customer agrees forthwith to reimburse the company for payment of any false alarm, fines, penalties, or fees.
9. In the event of any default by Subscriber or failure to pay any amount when due or termination, cancellation, or recission by Subscriber after the time provided by law, Company shall be entitled to retain any monies received as liquidated damages, and not as a penalty, or, in the alternative, at Company’s sole option Subscriber shall immediately pay to Company (a) all payments then due and payable, (b) all payments which would be due hereunder for the unexpired term as outstanding balance; and Company shall have no further obligation to perform under this Agreement. 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. 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 North Carolina.
10. Except as otherwise herein provided, this Agreement shall remain in full force and effect for a period of five (5) years from the date of this Agreement, and shall automatically, without action by either party, extend and renew itself under the same terms and conditions for successive periods of five (5) years each, intention to terminate this Agreement upon its original or any renewed expiration date. Time is of the essence with regard to this paragraph.
11. This Agreement is not assignable by Subscriber except upon the written consent of Company, which shall be at Company’s sole option. This Agreement or any portion thereof is assignable by Company at its sole option.
12. If Company shall waive any breach by Subscriber, it shall not be construed as a waiver of any subsequent breach, and Company’s failure to exercise any rights hereunder shall not be construed as a waiver of any breach unless specifically waived by Company in writing. Company’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available under law and equity even though not expressly referred to herein.
13. Company shall have the right to increase the charge(s) provided in paragraph 1 (b) a maximum of 10% per year at any time or times after the expiration of one (1) year from the date of service is commenced under this Agreement upon giving Subscriber written notice thirty (30) days in advance of the effective date of such change. If Subscriber is unwilling to pay any revised charge, Subscriber must notify Company in writing twenty (20) days prior to the otherwise effective date of the change that this Agreement will be binding Subscriber to the full term of this Agreement.
14. Subscriber agrees that Company’s obligations hereunder are waived and released automatically without notice and without liability to Company for any general, special, incidental, or consequential expense, loss, or damage to Subscriber, in case the Central Station, connecting wires, equipment, or facilities necessary to operate the System or Central Station are destroyed, damaged, or inoperable for any reason whatsoever, for the duration of such interruption of service, and Subscriber shall be entitled reimbursement of the pro-rata cost paid for the period of interruption on request of Subscriber.
15. All claims, actions, or proceedings, legal or equitable, against Company 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.
16. This instrument contains the entire Agreement between the parties herein with respect to the transactions described herein and supersedes all previous and contemporaneous negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representation, term, profit, condition, 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 approved American Alarms representative.
17. The acceptance of this Agreement in writing or by course of conduct or payment by Subscriber waives all terms and conditions contained in any subscriber document, unless signed by an authorized officer of Company, whether those terms or conditions be additional to, different from, or conflicting with the terms and conditions hereof, shall be deemed included herein or agreed to by Company. Neither the failure of Company to object to any communication from Subscriber, nor any performance by Company shall be deemed an acceptance of any terms or conditions which are additional to, different from, or conflicting with the terms and conditions contained herein. This contract does not supersede or cancel the installation contract.
18. Subscriber agrees and acknowledges that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to Subscriber, and bind Subscriber to said subcontractor(s) with the same force and effect as they bind Subscriber to Company.
19. Subscriber acknowledges that Company may record wire and oral communications and hereby consents and authorizes Company to record all such communications between Company, Subscriber and/or Subscriber’s agents, servants, employees, and/or representatives.
20. In order that Company may perform the services set forth herein, Subscriber agrees to provide Company with unrestricted access to the Premises and to permit installation and/or repair service in accordance with Company’s written proposal, if any, which is incorporated herein by reference, and Company’s standard practices. Company reserves the right to substitute equipment of equal or better performance at its discretion. Subscriber acknowledges that Company has no knowledge of such hidden objects, failing which Company shall have no liability whatsoever for any damages, losses, or expenses for personal injury including death, sole, joint, or several negligence of Company and/or its agents, commencement of services by any particular date, and Subscriber agrees that Company shall have no liability for any loss, damage, or expense to Subscriber, including any direct, special, incidental, or consequential damages sustained by Subscriber due to any delay in delivery, installation, commencement, or completion of services.
21. (a) Repair services consist of providing all necessary labor, material, parts, and equipment to service the equipment or system due to ordinary wear and tear only, pursuant to the terms hereof. All other service shall be paid by Subscriber on a time and material basis at Company’s prevailing charges.
21. (b) Time and Material repair service consists of providing all necessary labor, material, parts, and equipment to service the equipment or system, pursuant to the terms hereof, and Subscriber agrees to pay Company on a time and material basis at Company’s prevailing charges.
21. (c) Inspection consists of providing all necessary labor and testing equipment to inspect only the visible equipment or system, pursuant to the terms hereof, for the sole purpose of determining which portions of the system, if any, are nonfunctioning or malfunctioning, and to provide all necessary service to the system at that time, pursuant to 21 (a) or 21 (b), whichever is applicable.
21. (d) 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, during normal business hours excluding Saturdays, Sundays, and holidays, including any general, special, incidental, 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 excusable or non-excusable and/or due to the sole, joint, or several negligence of Company or its agents, servants, employees, suppliers, or subcontractors.
21. (e) It is understood and agreed that Company will service the Subscriber’s system, but Subscriber agrees that Company’s duty to service the system is subject to the terms of this Agreement and condition upon Subscriber notifying Company of the necessity for such service, excluding inspections, if applicable. Subscriber agrees to pay Company’s minimum service call charge in the event Subscriber does not provide access as promised, and, in reliance on Subscriber’s request, Company attempts to provide service at the Premises.
22. LIMITED WARRANTY
A. COMPANY HEREBY WARRANTS TO SUBSCRIBER ALONE ONLY THAT ALL OF THE MATERIAL INSTALLED IS AGREED TO BE AS SPECIFIED AND IS IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS. IN THE EVENT THAT ANY PART SHALL BECOME DEFECTIVE WITHIN ONE (1) YEAR FROM THE DATE OF THE INSTALLATION COMPLETION, COMPANY SHALL REPLACE OR REPAIR ANY DEFECTIVE PART WITHOUT CHARGE TO SUBSCRIBER. THIS WARRANTY IS NOT ASSIGNABLE.
B. IF SUBSCRIBER SHALL DISCOVER A DEFECT IN THE PARTS OR EQUIPMENT SUPPLIED UNDER THIS AGREEMENT, SUBSCRIBER SHOULD IMMEDIATELY CONTACT COMPANY IN WRITING 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 RENDERED.
C. EXCEPT AS SET FORTH IN PARAGRAPH A, COMPANY MAKES NO EXPRESS WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PRUPOSE; ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE SPECIFICALLY EXCLUDED.
D. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO MATERIAL OR EQUIPMENT CAUSED BY ACCIDENT, VANDALISM, FLOOD, WATER, LIGHTNING, 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 AND ANY OTHER CAUSE BEYOND THE CONTROL OF THE COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, EXEMPLARY, PUNITITVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SUBSCRIBER ACKNOWLEDGES: THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY COMPANY SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY; THAT COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SERVICE SUPPLIED, PARTS, EQUIPMENT, OR SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED OR THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING MONITORING AND RESPONSE FOR WHICH IT WAS INTENDEDL 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 NOT EXPRESS WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THIS AGREEMENT HEREOF, OR HEREIN, AND THAT ALL IMPLIED WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS WARRANTY.
23. Title to all equipment shall remain at all times in Company until fully paid for. Company shall have a security interest in the equipment sold hereunder until it is fully paid for and Subscriber agrees to perform all acts which may be necessary to assure Company’s security interest in the equipment. Should Subscriber default in any payment for the equipment, Subscriber authorizes and empowers Company to remove the equipment from the premises, to disconnect the equipment, to render the equipment incapable of communicating with a central station and to enforce any and all of Company’s rights as a secured party under the Uniform Commercial Code. Such removal and/or disconnection 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 any other legal remedy or right. Furthermore, Company shall in no event be liable for direct, special, incidental, or consequential expense, or several negligence of Company, its agents, servants, employees, suppliers, or subcontractors, and Subscriber hereby releases Company for all such foregoing expense, loss, and damage incurred by the Subscriber in this regard. Risk of loss or damage to the equipment shall pass to Subscriber hereby releases Company for all such foregoing expense, loss, and damage incurred by the Subscriber in this regard. Risk of loss or damage to the equipment shall pas to Subscriber upon delivery to the premises. Subscriber agrees that the equipment, upon installation, shall remain personal property and in no event shall be deemed to be realty, whether affixed to the premises or not.
24. It is the sole responsibility of the Subscriber to test the equipment or system periodically (at least monthly). Any claimed inadequacy or failure of the equipment shall be immediately reported to Company.
25. If Subscriber is on the Premises or provides Company with keys and unrestricted access to the Premises, Company’s sole obligation 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, in order to service the consequential damages sustained by Subscriber due to loss or theft of any keys, or to any delay in dispatching any employee, arrival at the Premises, or in servicing the equipment, regardless of whether the said conduct is excusable or non-excusable and/or due to the sole, joint, or several negligence of Company or its agents, servants, employees, suppliers, or subcontractors.
26. North Carolina License 823-CSA issued by: North Carolina Alarm System Licensing Board, 3101 Industrial Drive Suite 104 Raleigh NC 27609, (919)788-5320
27. In the event ALARM VERIFICATION SERVICE is being furnished, it is mutually understood and agreed that the equipment is being installed which, as to certain locations in the premises, will require the activation of two sensing devices, or a second activation of a single alarm sensor or a continuous alarm event from a single sensor, in order for an alarm signal to be transmitted.
28. In the event that any section or paragraph of this contract be found in a court of law to be invalid, that section or paragraph shall be struck from agreement and the rest of contract will remain in force.