1.5 PAYMENT DEFAULTS: IF YOU FAIL TO MAKE ANY PAYMENT FOR THE INSTALLATION OF THE SYSTEM OR SERVICE WE PROVIDE WHEN DUE, WE MAY DISONTINUE INSTALLATION; MONITORING SERVICE; TERMINATE THIS AGREEMENT AND RECOVER ALL DAMAGES TO WHICH WE ARE INTITLED INCLUDING THE VALUE OF THE WORK AND SERVICES PERFORMED AND THE VALUE OF THE UNEXPIRED TERM OF THIS AGREEMENT IF A PAYMENT IS NOT PAID WITHIN TWENTY (20) DAYS OF THE INVOICE DATE. WE MAY IMPOSE AN ACCOUNTING FEE EQUAL TO THE LESSER OF (1) $5.00 PER MONTH UNTIL PAID, OR (ii) THE MAXUMUM AMOUNT PERMITTED BY LAW IN THE STATE WHERE THE SYSTEM IS LOCATED. IF WE HIRE AN ATTORNEY TO COLLECT ANY AMOUNTS DUE TO US, YOU WILL PAY OUR REASONABLE ATTORNEY’S FEES COST WHERE PERMITTED BY LAW.

 

  1. WARRANTY:

2.1 HOW TO GET SERVICE: CALL OR WRITE US AT THE ADDRESS AND TELEPHONE NUMBER ON THIS AGREEMENT WE WILL PROVIDE SERVICE DURING OUR NORMAL BUSINESS HOURS OF 8:00 AM TO 5:00 PM. MONDAY – FRIDAY, EXCEPT HOLIDAYS. A RESPONSIBLE ADULT MUST BE AT YOUR HOME AT THE TIME WE VISIT EMERGENCY REPAIR SERVICE IS AVAILABLE AT OTHER TIMES FOR AN ADDITIONAL CHARGE.

2.2 WHAT IS NOT INCLUDED: REPAIR OF THE BASIC SYSTEM IS OUR ONLY DUTY. BASIC EQUIPMENT INCLUDES: CONTROL PANEL; ONE MOTION DETECTOR; KEYPAD; SIREN; AND UP TO THREE DOOR OR WINDOW CONTACTS. ADDITIONAL WARRANTY CAN BE PURCHASED AT TIME OF SIGNING PAPERWORK WITH ALARM SALES REPRESENTATIVE. THIS WARRANTY DOES NOT COVER BATTERIES, REMOTE FOBS, CUSTOMER REMODEL, OR DEVICES NOT MONITORED BY OUR MONITORING CENTER. WE MAKE NO OTHER EXPRESS WARRANTY INCLUDING ANY WARRANTY OF MERCHANTABILITY OF THE SYSTEM OR ITS FITNESS FOR ANY SPECIAL PURPOSE. WE DO NOT WARRANT THAT THE SYSTEM CANNOT BE DEFEATED OR COMPROMISED OR THAT IT WILL ALWAYS OPERATE. THIS WARRANTY DOES NOT COVER REPAIRS THAT ARE NEEDED BECAUSE OF AN ACCIDENT; ACTS OF NATURE; YOUR FAILURE TO PROPERLY USE THE SYSTEM OR IF SOMEONE OTHER THAN US ATTEMPTS TO REPAIR OR CHANGE THE SYSTEM; OR ANY OTHER REASON EXCEPT A DEFECT IN THE EQUIPMENT OR OUR INSTALLATION. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE TERM OF THE EXPRESS WARRANTY SPECIFIED IN THIS AGREEMENT YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE SYSTEM.

2.3 STATE LAW: SOME STATES DO NOT ALLOW THE EXLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

 

  1. CREDIT CHECK: YOU INDERSTANT THAT WE WILL REQUEST A CREDIT CHECK ON YOU FROM A RECOGNIZED CREDIT INFORMATION AGENCY TO DETERMINE YOUR CREDIT WORTHINESS. IF WE DETERMINE, IN OUR DISCRETION, THAT YOU ARE A CREDIT RISK WE WILL ADVISE YOU OF OUR DECISION.
  2. RECEIPT OF COPY: YOU STATE THAT YOU HAVE RECEIVED A COPY OF THIS AGREEMENT, AND TWO COPIES OF THE NOTICE OF CANCELATION FORM. IF STATE LAW REQUIRES ALL OF THE TERMS ON THE REVERSE SIDE OF THIS PAGE AND ALL ATTACHEMENTS ARE PART OF THIS AGREEMENT. PLEASE READ THEM CAREFULLY. YOUR SIGNATURE REPRESENTS ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS.
  3. OWNERSHIP OF THE SYSTEM: OPTION TO BUY ON LEASED EQUIPMENT: COMPANY ACKNOWLEDGES THAT OWNERSHIP OF THE ALARM SYSTEM PASSES TO SUBSCRIBER UPON SUBSCRIBER’S FULFILLMENT OF ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. THE SUBSCRIBER AGREES TO PERMIT THE COMPANY ACCESS TO THE EQUIPMENT FOR PURPOSES OF REPAIR; REPLACEMENT; REMOVAL; ETC.

 

  1. MONITORING SERVICE: THE SYSTEM WILL BE CONNECTED TO OUR CENTRAL STATION “UNITED CENTRAL CONTROL “UCC” WHEN A BURGLARY; FIRE; OR HOLDUP SINGAL FROM THE SYSTEM IS RECEIVED IN UCC, CENTRAL STATION WILL THEN TRY TO TELEPHONE THE PROPER POLICE OR FIRE DEPARTMENT OR OTHER DESIGNATED AUTHORITY, AND THE FIRST AVAILABLE PERSON DESIGNATED ON THE NOTIFICATION LIST YOU GIVE US. WHEN A SUPERVISORY SIGNAL IS RECEIVED IN UCC, IT WILL TRY TO NOTIFY THE PERSONS DESIGNATED ON YOUR EMERGENCY LIST. TO AVOID FALSE ALARMS, UCC MAY CALL YOUR PREMISE FIRST TO DETERMINE IF AN ACUTUAL EMERGENCY EXISTS BEFORE CALLING ANY AUTHORITIES OR PERSONS ON YOUR NOTIFICATION LIST. IF UCC HAS REASON TO BELIEVE THAT NO ACTUAL EMERGENCY EXISTS, IT MAY CHOOSE NOT TO PLACE SUCH CALLS. WE MAY DISCONTINUE ANY PARTICULAR FORM OF MONITORING SERVICE IF REQUIRED TO DO SO BY ANY GOVERNMENTAL AUTHORITY OF INSURANCE INTEREST.

 

THEY CITY OF COUNTY IN WHICH YOUR HOME IS LOCATED MAY REQUIRE THAT YOU OBTAIN A PERMIT FOR THE USE AN MONITORING OF THE SYSTEM LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE SYSTEM HAVE BEEN OBTAINED, AND THEREFORE UCC MAY NOT BEGIN MONITORING UNTIL YOU HAVE OBTAINED AT YOUR EXPENSE ALL NECESSARY PERMITS OR LICENSES, AND PROVIDE UCC WITH THE LICENSE OR PERMIT NUMBER.

  1. INCREASE IN MONITORING RATE: WE MAY INCREASE THE MONITORING FEE AT ANY TIME TO RECOVER ADDITIONAL TAXES, FEES, LICENSES OR OTHER CHARGES THAT MAY BE IMPOSED ON US BY ANY GOVERNMENTAL AGENCY OR UTILITY RELATING TO THE MONITORING SERVICE WE PROVIDE IN ADDITION, UCC SHALL HAVE THE RIGHT TO INCREASE THE ANNUAL SERVICE CHARGE PROVIDED FOR HERIN AT ANY TIME AFTER ONE (1) YEAR FROM THE EFFECTIVE DATE OF THIS AGREEMENT. UPON GIVING THE SUBSCRIBER WRITTEN NOTICE SIXTY (60 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF SUCH INCREASE, AND IF THE SUBSCRIBER IS UNWILLING TO PAY ANY SUCH INCREASED CHARGE. THE SUBSCRIBER MAY CANCEL THE THEN UNEXPIRED TERM OF THIS AGREEMENT BY NOTIFYING GOLDEN GATES SECURITY “GGS” IN WRITING WITHIN THIRTY (30) DAYS PRIOR TO THE DATE OF ANY SUCH INCREASE, PROVIDED THAT GGS RESERVES THE RIGHT TO RECIND SUCH INCREASE BY NOTICE TO YOU AND YOU SHALL REMAIN BOUND BY THE TERMS OF THIS AGREEMENT, ANY ADVANCE PAYMENTS MADE FOR SERVICE TO BE SUPPLIED SUBSEQUENT TO THE DATE OF SUCH TERMINATION SHALL BE REFUNDED TO THE SUBSCRIBER.

 

  1. TRANSMISSION LINES: THE SYSTEM INCLUDES OUR COMMUNICATOR THAT SENDS SIGNALS TO UCC OVER YOUR REGUALAR TELEPHONE SERVICE. YOU WILL PAY FOR ALL TELEPHONE CHARGES. YOU WILL NOT BE ABLE TO USE YOUR TELEPHONOE SERVICE TO MAKE CALLS (SUCH AS CALLS TO THE 911 EMERGENCY OPORATOR) WHEN THE SYSTEM IS ACTIVATED, AND THEREFORE YOU MAY WISH TO HAVE THE SYSTEM CONNECTED TO A SEPARATE TELEPHONE SERVICE. IF YOUR TELEPHONE IS DISCONNECTED, OUT OF ORDER, PLACED ON VACATION STATUS OR OTHERWISE NOT WORKING, SIGNALS CANNOT BE TRANSMITTED AND UCC WILL NOT KNOW OF THE TELEPHONE PROBLEM. TELEPHONE COMPANY LINES ARE WHOLLY BEYOND OUR CONTROL AND JURISDICTION AND ARE MAINTAINED BY THE APPLICABLE TELEPHONE COMPANY IF THIS AGREEMENT PROVIDES FOR THE USE OF RADIO TRANSMISSION FACILITIES, YOU ACKNOWLEDGE THAT THE USE OF RADIO FREQUENCIES ARE CONTROLLED BY US AT OUR OPTION. YOU FURTHER ACKNOWLEDGE THAT RADIO FREQUENCY TRANSMISSIONS MAY BE IMPAIRED OR INTERRUPTED BY ATMOSPHERIC CONDITIONS, INCLUDING ELECTRICAL STORMS, POWER FAILURES, OR OTHER CONDITIONS AND EVENTS BEYOND OUR CONTROL.

 

  1. FALSE ALARMS: YOU AGREE THAT YOU AND OTHERS USING THE SYSTEM, WILL USE IT CAREFULLY SO AS TO AVOID CAUSING FALSE ALARMS. FALSE ALARMS CAN BE CAUSED BY SERVERE WEATHER OR OTHER FORCES BEYOND OUR CONTROL. IF WE RECEIVE TOO MANY FALSE ALARMS. THAT WILL CONSTITUTE A BREACH OF CONTRACT BY YOU, AND WE MAY CANCEL MONITORING AND SERVICE, DISSCONNECT THE SYSTEM FROM OUR MONITORING FACILITY, AND SEEK TO RECOVER DAMAGES. IF A FALSE ALARM FINE OR PENALTY IS CHARGED AGAINST YOU OR US BY ANY GOVERNMENTAL AGENCY, YOU WILL PAY THE CHARGE OR REPAY US FOR THE CHARGE AS THE CASE MAY BE.

 

  1. CLIENT’S DUTIES: YOU WILL INSTURCT ALL PERSONS WHO MAY USE THE SYSTEM ON ITS PROPER TESTING AND USE. YOU WILL TEST THE SYSTEMS PROTECTIVE DEVICES AND SEND TEST SIGNALS TO UCC IN ACCORDANCE WITH OUR INSTRUCTIONS AT LEASE MONTLY. IF THE SYSTEM INCLUDES SPACE PROTECTION (IE: ULTRASONIC; INFRARED; PHOTOBEAMS; MICROWAVE; OR OTHER SUCH DETECTORS) YOU WILL TURN OFF AND NOTIFY US IMMEDIATELY. YOU WILL OBTAIN AND KEEP IN EFFECT ALL PERMITS OR LICENSES THAT MAY BE REQURED FOR THE INSTALLATION AND OPERATION OF THE SYSTEM. YOU WILL GIVE US A NOTIFICATION LIST WHICH WILL INCLUDE THE NAME AND TELEPHONE NUMBER OF EACH PERSON WE MAY CALL IN THE EVENT WE BELIEVE THERE IS AN EMERGENCY AT YOUR PREMISES. YOU WILL NOTIFY US IN WRITING OF ANY CHANGES IN THE INFORMATION YOU PROVIDE TO US. YOU AGREE THAT WE MAY GIVE THE INFORMATION YOU PROVIDE TO US TO ANY GOVERNMENTAL AGENCY HAVING AUTHROITY OVER THE SYSTEM OR OUR SERVICE. IF THE SYSTEM INCLUDES ANY WIRELESS DIVICES, YOU WILL REPLACE THE BATTERIES AS NEEDED AND AT LEAST ONCE EACH YEAR.

 

  1. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: YOU UNDERSTAND THAT GGS MAY STOP OR SUSPEND THE INSTALLATION OR MONITORING AND REQPAIR SERVICE IF:

11.1 STRIKES, SEVERE WEATHER, EARTHQUAKES OR OTHER SUCH EVENTS BEYOND OUR CONTROL AFFECT THE OPERATION OF GGS OR SO SEVERELY DAMAGE YOUR HOME THAT CONTINUING SERVICE WOULD BE IMPRACTABLE.

11.2 THERE IS AN INTERRUPTION OR UNAVAILIBILTY OF THE TELEPHONE SERVICE BETWEEN THE SYSTEM AND GGS.

11.3 YOU DO NOT PAY THE SERVICE CHARGE DUE TO US AFTER WE HAVE GIVEN YOU A TEN (10) DAYS NOTICE THAT WE ARE CANCELING SERVICE BECAUSE OF NON-PAYMENT. WE MAY CHARGE A RE-CONNECTION FEE IF SERVICE IS SUSPEDED FOR NON-PAYMENT.

11.4 WE ARE UNABLE TO PROVIDE SERVICE BECAUSE OF SOME ACTION OR ULING BY ANY GOVERMENTAL AUTHORITY.

11.5 YOU BECOME A DEBTORIN A BANKRUPTCY PROCEEDING

IF SERVICE IS CANCELED OR TERMINATED FOR ANY REASON, YOU WILL PERMIT US OR OUR SUBCONTRACTOR TO ENTER YOU HOME TO DISCONNECT YOUR SYSTEM FROM OUR MONITORING EQUIPMENT AND REMOVE THE COMMUNICATION DEVICE AND ALL OF OUR SIGNS AND DECALS FROM YOU HOME. (FAILURE TO PERMIT S TO ACCESS THE SYSTEM FOR REMOVAL WILL RESULT IN YOU BEING CHARGED $250 WHICH YOU AGREE IS THE FAIR VALUE OF THE EQUIPMENT.) YOU UNDERSTAND THAT THE ALARM SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.

 

  1. ASSIGNEES AND SUBCONTRACTORS: WE MAY TRANSFER OR ASSIGN THIS AGREEMENT TO ANY OTHER ALARM COMPANY. YOU MAY NOT TRANSFER THIS AGREEMENT TO SOMEONE ELSE (INCLUDING SOMEONE WHO PURCHASES OR RENTS YOUR HOME.) UNLESS WE APPROVE THE TRANSFER IN WRITING. WE MAY USE SUBCONTRACTORS TO PROVIDE INSTALLATION, REPAIR, MONITORING, OR OTHER SERVICES. THIS AGREEMENT AND PARTICULARY SECTIONS 13 AND 14 SHALL APPLY TO AND PROTECT OUR ASSIGNEES AND SUBCONTRACTORS IN THE SAME MANNER AS IT APPLIES TO AND PROTECTS US.

 

  1. CHANGES TO THE SYSTEM: IF YOU OR ANY GOVERNMENTAL AGENCY OR INSURANCE INTEREST WANTS US TO CHANGE THE SYSTEM DESCRIBED ON THE INSTALLATION AGREEMENT, OR CHANGE IT AFTER IT IS INSTALLED, YOU AGREE TO PAY OUR STANDARD PARTS AND LABOR CHARGES FOR SUCH CHANGES. YOU AGREE THAT YOU HAVE CHOSED THIS SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT PROTECTION IS AVAILABLE FOR A HIGHER PRICE.\

 

  1. GGS IS NOT AN INSURER: LIMITATION OF LIABILITY: YOU INDERSTAND THAT (A) WE ARE NOT AN INSURER OF YOUR HOME, YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN YOUR HOME; (B) YOU WILL PROVIDE ANY INSURANCE ON YOUR HOME AND ITS CONTENTS; (C) THE AMOUNT YOU PAY TO US IS BASED ONLY ON THE VALUE OF SERVICE WE PROVIDE AND NOT ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS; (D) ALARM SYSTEMS AND OUR MONITORING SERVICE MAY NOT ALWAYS OPERATE PROPERLY FOR VARIOUS REASONS; (E) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF THE PROPERTY THAT MIGHT BE LOST STOLEN OR DESTROYED IF THE SYSTEM OR OUR SERVICE FAIL TO OPERATE PROPERLY; (F) IT IS DIFFICULT TO DETERMINE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHERS WOULD RESPOND TO AN ALARM SIGNAL; (G) IT IS DIFFICULT TO DETERMIN WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS; PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR FAILURE TO PERFORM, OUR NEGLIGENCE, OR FAILURE OF THE SYSTEM OR SERVICE.

THEREFORE YOU AGREE:

EVEN IF A COURT DECIDES THAT OUR BREACH OF THIS AGREEMENT, A FAILURE OF THE SYSTEM, OR OUR NEGLEGENCE, OR A FAILURE OF THE INSTALLATION MONITORING OR REPAIR SERVICE CUASED OR ALLOWED ANY HARM OR DAMAGE ( WHETHER PROPERY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU OR ANYONE IN YOUR HOME YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF $250.00 OR SIX TIMES THE MONTLY MONITORING FEE, AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT GGS WAS LIABLE FOR THE INJURY OR LOSS.

 

YOU MAY OBTAIN A HIGHER LIMITATION OF LIABILITY IF YOU WISH. YOU MAY OBTAIN FROM US A HIGHER LIMITATION OF LIABLILTY FOR AN ADDITIONAL MONTHLY CHARGE BASED ON A GRADUATED SCAL OF RATES IF YOU ELECT THIS OPTIONAL. WE WILL ATTACH A WAVIER TO THIS AGREEMENT WHICH WILL SET FORTH THE AMOUNT OF THE LIMITATION OF LIABILITY AND THE AMOUNT OF THE ADDITIONAL CHARGE AGREEING TO THE LIMITATION OF LIABILTY DOES NOT MEAN THAT WE ARE AN INSURER.

 

  1. THIRD PARTY INDEMNIFICATION AND SUBROGATION: IF ANYONE OTHER THAN YOU ASKS GGS TO PAY FOR ANY HARM OR DAMAGES ( INCLUDING PROPERY DAMAGE, PERSONAL INJURY OR DEATH) CONNECTED WITH OR RESULTING FROM (i) A FAILURE OF THE SYSTEM OR SERVICES , (ii) OUR NEGLIGENCE. (iii) ANY OTHER IMPROPER OR CARELESS ACTIVITY OF GGS IN PROVIDING THE ALARM SYSTEM OR SERVICES OR (IV) A CLAIM FOR INDEMNIFICATION OR CONTRIBUTION, YOU WILL REPAY TO GGS (a) ANY AMOUNT WHICH A COURT ORDERS US TO PAY OR WHICH WE REASONABLY AGREE TO PAY, AND (b) THE AMOUNT OF OUR REASONABLE ATTOURNEY’S FEES AND ANY OTHER LOSS AND/OR COSTS THAT WE MAY PAY IN CONNECTION WITH THE HARM OR DAMAGES. YOUR OBLIGATION TO PAY GGS FOR SUCH HARM OR DAMAGES SHALL NOT APPLY IF THE HARM OR DAMAGES HAPPENS WHILE ONE OF OUR EMPLOYEES OR SUBCONTRACTORS IS IN OUR ABOUT YOUR HOME, AND SUCH HARM OR DAMAGES IS SOLEY CUASED BY THAT EMPLOYEE OR SUBCONTRACTOR. UNLESS PROHIBITED BY YOUR PROPERTY INSURANCE POLICY, YOU AGREE TO RELEASE GGS FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE COMPANY, AND YOU AGREE TO DEFEND US AGAINST ANY SUCH CLAIM.

 

  1. LIMITATION ON LAWSUITS; WAIVER OF JURY TRAIL: WHERE PERMITTED BY LAW, BOTH GGS AND CLIENT AGREE THAT NO LAWSUITE OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THIS AGREEMENT SHALL BE BROUGHT OR FILED MORE THAN ONE YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, WHERE PERMITTED BY LAW, ANY SUCH LEAGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRAIL.

 

  1. ENTIRE AGREEMENT: THE ENTIRE AND ONLY AGREEMENT BETWEEN YOU AND GGS IS WRITTEN IN THIS AGREEMENT. IT REPLACES ANY EARLIER ORAL OR WRITTEN UNDERSTANDINGS OR AGREEMENTS IT MAY ONLY BE CHANGED BY A WRITTEN AGREEMENT SIGNED BY YOU ( AND IF MARRIED, YOUR SPOUSE) AND US IF YOU HAVE GIVEN OR EVERY GAVE US A PURCHASE ORDER FOR THE SYSTEM OR SERVICE WHICH PROVIDES FOR DIFFERENT TERMS THAN THIS AGREEMENT. THIS AGREEMENT WILL GOVERN AND BE CONTROLLING. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID OR ILLEGAL BY A COURT, THE BALANCE OF THE AGREEMENT SHALL REMAIN IN FORCE.