Monitoring Terms and Conditions - Casco Security Systems

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1. PRINTED AGREEMENT - None of the PRINTED AGREEMENT or its terms and conditions may be altered without the express written approval of an officer of the company. 2. SELLER - agrees to install specified system on premises and to make any necessary inspections and tests to deliver system to purchaser in operating condition in accordance with standard installation procedures of seller. The installation will be completed within a reasonable length of time based on the conditions inherent in the premises and seller’s installation schedule. 3. FULL ONE YEAR WARRANTY - Casco Security Systems. Inc promises to furnish a replacement part for any portion of your security system that proves to be defective in workmanship or material under normal use for a period of one year from the date of installation. We reserve the right to use reconditioned parts in fulfillment of this warranty. Casco Security Systems. Inc., extends to purchasers’ warranties for equipment not made by us granted us by manufacturers of such equipment used in our home systems. We will return this to the original manufacturer for fulfillment of their warranty obligations. We will furnish the labor to remove and replace the defective part during the same one-year period. Casco Security Systems, Inc. makes no other warranty except as herein specifically set forth, particularly any warranty of merchantability or fitness for any purpose, either express or implied in law. GENERAL: Furnishing of parts and labor as described above shall constitute fulfillment of all Casco Security Systems, Inc. obligations with respect to this warranty, and replacement parts will be warranted only for the unexpired portion of the original warranty. A bill of sale, cancelled check, payment record should be kept to verify purchase date and establish warranty period. To obtain service, call the office listed on the Purchase Agreement you signed at the time of purchase of your system. Casco Security Systems, Inc. Ready access to the system for service is the responsibility of the purchaser. We will perform service during normal working hours. For emergency service, we will charge you an emergency service labor premium. We will endeavor to perform service, within 48 hours after notification of a problem by the purchaser. EXCLUSIONS - This warranty applies only to units sold and retained within the continental USA. This warranty does not apply to the product or parts that have been damaged by accident, abuse, lack of proper maintenance, unauthorized alterations, misapplication, fire, flood or acts of God. This warranty does not cover service calls which do not involve defective workmanship or materials. IN NO WAY WILL CASCO SECURITY SYSTEMS. INC. BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES. 4. SELLER NOT AN INSURER — It is understood and agreed: That Company is not an insurer; that insurance, if any, shall be obtained by Subscriber; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber’s property or premises; THAT COMPANY MAKES NO GUARANTEE OR WARRANTY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE EQUIPMENT 0R SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT. Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things: (a) The uncertain amount of value of Subscriber’s property or others kept on premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system or service is designed to detect or avert. (b) The uncertainty of the response time of any police or fire department, should the police or fire department be dispatched as a result of a signal being received or an audible device sounding: c) The inability to ascertain what portion, if any, of any loss would be proximately caused by Company’s failure to perform or by failure of its equipment to operate: (d) The nature of the service to be performed by Company. Subscriber understands and agrees that if Company should be found liable for loss or damage due from a failure of Company to perform any of the obligations herein, including but not limited to installation, maintenance, monitoring or service of the failure of the system or equipment in any respect whatsoever, Company’s liability shall be limited to Two Hundred Fifty ($250.00) Dollars and this liability shall be exclusive; and that the provisions of this Section shall apply if loss or damages, irrespective of cause or origin, results directly or indirectly from performance or nonperformance of the obligations imposed by this contract, or from negligence, active or otherwise, of Company, its agents, assigns or employees. In the event that the Purchaser/Subscriber wishes Company to assume greater liability. Purchaser/Subscriber may, as a matter of right, obtain from Company a higher limit by paying an additional amount proportioned to the increase in damages, but such additional obligation shall in no way be interpreted to hold Company as an insurer. 5.INDEMNIFICATION – Purchaser/Subscriber agrees to and shall indemnify and save harmless the seller, its employees and agents for and against third party claims, lawsuits and losses arising out of or in connection with the operation or non-operation of the system or monitoring facilities whether these claims be based upon alleged intentional conduct, or active or passive negligence on the part of seller, its agents, servants or employees. The Company assumes no liability for delay in installation of the system, or interruption of service due to strikes, riots, floods, fires, acts of God or any cause beyond the control of the Company, including the interruption in telephone service. Company will not be required to supply service to the Subscriber while interruption of service due to any such cause shall continue. 6.CENTRAL STATION SERVICES - Central stations services consist of the receipt, analysis and response (dispatch of proper authorities) to signals from system installed under this agreement. Such services are initiated upon final payment for installation and pre-payment of service charges. All services may be discontinued anytime charges are unpaid or system is abused. Notice by registered letter to billing address shall he deemed sufficient notice of discontinuation. 7.Except as otherwise herein provided, this Agreement shall remain in force and effect for a period of three (3) years from the date effective, and thereafter shall continue for like three (3) year periods and shall be terminable only upon written notice by registered or certified mail given by either party hereto to the other thirty (30) days prior to the anniversary date of any three (3) year renewal period. 8.The Subscriber hereby agrees that the Alarm Company shall have the right to increase or decrease the charge provided for herein at any time or times after the expiration of one year from the date such system is operative under this Agreement upon giving the Subscriber written notice sixty days in advance of the effective date of such increase or decrease. If Subscriber is unwilling to pay any such increase and notifies the Alarm Company thirty (30) days prior to the effective date of such increase, Alarm Company shall be permitted, at its option, upon written notice to Subscriber, to terminate this Agreement as if the term had expired. Failure to notify, Alarm Company thirty (30) days prior to effective date of increase will constitute Subscriber’s consent to the increase and all of the other terms and conditions of this Agreement shall remain in force and effect. The Department or other organization to which the connection may be made or an alarm signal may be transmitted may invoke the provisions hereof against any claims by the Customer or by others due to any failure of such department or any other organization. 9.TELEPHONE CONNECTIONS - Seller will assist purchaser in making necessary arrangements to secure telephone service connections for system. The charge for the installation and continuation of this service will be for the account of the purchaser and will appear on his regular telephone billing. 10.TESTING – It is the responsibility of the purchaser to test the system for proper operation periodically but not less than monthly. 11.RETENTION OF TITLE AND RIGHT OF ACCESS - The system shall remain the personal property of seller until fully paid for in cash by purchaser and purchaser agrees to perform all acts which may be necessary to assure the retention of title to the system by seller. Should purchaser default in any payment for the system or part, then purchaser authorizes and empowers seller to remove the system or part from the premises. Such removal, if made by seller, shall not be deemed a waiver of seller’s right to damages seller sustains as a result of purchaser’s default and seller shall have the right to enforce any other legal remedy or right. Furthermore, seller shall be in no way obligated to restore the premises to its original condition, or redecorate same in the event the system or part is removed as a result of purchaser’s default in payment. Risk of loss of the system, or any part of the same, shall pass to purchaser upon delivery to the premises of such system or part. 12.RIGHTS AND COST OF COLLECTION – Costs of collection of accounts overdue including reasonable attorney’s fees shall be borne by the purchaser. Any action taken under paragraph six and / or paragraph twelve shall in no way prejudice seller’s right to collection of unpaid charges and costs herein enumerated. A late payment charge of two (2 %) percent per month shall be added to all payments that are delinquent for more than thirty (30) days. This would be an Annual Percentage Rate of (24%). 13.NOTICE TO PURCHASER – Under the Mechanic’s Lien Law, any person who helps to improve your property and is not paid has the right to enforce his claim against your property. Under law, you may protect yourself against such claims either by filing with the Court a “No Lien Agreement” or a payment bond, depending upon the law of state where your property is located. 14.ENTIRE AGREEMENT – This instrument contains the entire agreement between the parties hereto with respect to the transactions described herein and supersedes all previous negotiations, commitments and writing pertaining hereto. If any of the terms or provisions of this agreement shall be determined to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect. (a)This agreement becomes binding upon Seller only when signed by a Corporate Officer of Casco Security Systems, Inc. 15.The Subscriber agrees that any person or persons, unauthorized by the Alarm Company, will not be permitted to alter, remove, or tamper with the transmitting and receiving equipment necessary for the monitoring services. This equipment as well as maintenance thereof remains the property and responsibility of Alarm Company. This quotation incorporates by reference the terms and conditions attached hereto, is valid for Thirty days from date of receipt, and excludes any applicable tax. Terms; Mobilization Payment outlined above due with the order, progressive billings for equipment and labor as delivered, and balance due upon completion. If in sole opinion of Casco, the financial condition of Buyer at any time does not justify continue of shipment on the terms specified, Casco may require full or partial payment in advance. Casco will not issue order for the equipment until deposit billings are paid. Delays in payment of deposit billings will affect lead times. A cancellation or restocking charge of 25% may be assessed on cancelled orders. Special order times may carry up to a 100% cancellation/restocking fee based on factory return policies. Each party executing this quotation warrants and represents that it has full power and authority to enter into this agreement and bind itself to performance. Each party binds the party on behalf of which he or she signs.

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45102

NY License # 12000040917