- INSTALLATION OF THE SYSTEM: You will permit us to install the System during our normal business hours and you will give us uninterrupted access to your premises. You have approved the location of where the control panel, audible devices and all detection devices will be installed. The construction of your premises may require that some or all of this wire to be exposed. If the System includes an exterior audible bell, horn or siren, it is designed to shut off after sounding for not more than fifteen (15) minutes. You will provide electrical outlets for the System’s transformers. We are not responsible if the installation is delayed because of the condition of the premises, bad weather, labor dispute, acts of God or other reasons beyond our control. After we complete the System, you and our representative will inspect it. If something is missing or not properly installed you will tell us within ten (10) days, otherwise the System will have been accepted by you.
- HAZARDS ASBESTOS: You have the affirmative duty to inform us prior to beginning of the installation of every location at the premises where we should not (because of concealed obstruction or hazard such as pipes, wires or asbestos) enter or drill holes. Unless so notified we will determine where to drill holes and place equipment. We will take reasonable precautions to avoid concealed obstructions, but have no means of determining with certainty if they exist. If asbestos or other health hazardous material is encountered during installation, we will cease work until you have, at your sole expense, obtained clearance from a licensed asbestos removal or hazardous material contractor that continuation of work will not pose any danger to our personnel. In no case shall we be liable for discovery or exposure of hidden asbestos or other hazardous materials.
- MONITORING AND OTHER SERVICES: Monitoring, repair service, alarm response and other services are not provided by this contract, and are only available in GGS agreement.
- FALSE ALARMS: You agree that you, your family, or others using the System, will use it carefully so as to avoid causing false alarms. False alarms can be caused by severe weather or other forces beyond our control. If a false alarm fine or penalty is charged to us by any governmental agency, you will repay us for the charge.
- Client’s Duties: You will instruct all others who may use the System on its proper use. Customer will test the System’s detection devices and send us signals monthly to the central station (“UCC”) United Central Control. If the System includes space detection (i.e… ultrasonic, microwave, infrared, phot beams or other such detectors) Customer will turn off, control or remove all things such as air conditioning systems, heaters, and pets that might interfere with such devices when they are turned on. If a problem in the System occurs, Customer will notify Company and Central Station immediately. You will obtain and keep in full force and effect all permits or licenses that may be required for the installation and operation of the System. IF THE SYSTEM INCLUDES ANY WIRELESS DEVICES YOU WILL REPLACE THE BATTERIES WHEN REQUIRED THE SYSTEM MAY NOT FUNCTION IN THE EVEN OF AN ALARM.
- 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.
- CHANGES TO THE SYSTEM: If you or any governmental agency or insurance interest wants us to change the System described on the Schedule of Equipment, or change it after it is installed, you agree to pay our standard labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THE SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT DETECTION IS AVAILABLE FOR A HIGHER PRICE, INCLUDING CELLULAR BACK UP FOR PHONE LINE.
- COMPANY 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.
- 13. 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. YOU WILL NOTIFY YOUR INSURANCE COMPANY OF THIS RELEASE.
- 14. 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.
- 15. 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. YOU AGREE THAT THIS AGREEMENT IS PERFORMED IN THE STATE IN WHICH YOUR PREMISE IS LOCATED AND SHALL BE GOVERNED BY THE LAWS OF THE STATE.
- COMPANY LICENSE NUMBER: B- 17573