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We have
the right to increase the annual service charge at any time after the
first year. If you give us a written objection to the increase within
30 days of your receipt of notice of the increase, and if we do not
waive the increase, then you may terminate this Contract effective 30
days after our receipt of your written notice of termination. In this
situation, you will not have to pay the early termination charges
described in Paragraph 2.
You agree
to pay all false alarm assessments, taxes, fees or other charges of any
police or fire department, or any other governmental body. You agree to
pay all telephone or signal transmission company charges for area code,
telephone numbering or other changes. You agree to pay us to reprogram
the system if necessary to comply with any area code, telephone
numbering or other changes. You agree to pay to us any increases in our
cost for facilities used for transmitting alarm signals under this
Contract. You agree to pay a service charge if our representative
responds to a service call or alarm at your premises because you
improperly followed operating instructions, failed to properly lock or
close a window, door or other protected point or improperly adjusted
CCTV cameras, monitors or accessories.
Unless the "Customer-Owned" box is checked, we
retain ownership of the system. Upon termination of this Contract, we
may remove, disable or abandon all or any portion of the ADT Owned
system. We have no obligation to repair or redecorate your premises
after any such removal. We do not waive our right to collect any unpaid
charges by such removal, disablement or abandonment of the ADT Owned
system. If the "Customer-Owned" box is checked, the equipment will
become the property of the Customer upon payment of the Total
Installation Price including Sales Tax in full.
We will install
the equipment listed on the first page of this Contract in a
workmanlike manner under the following conditions: A. Your premises
will be available without interruption during our normal working hours;
B. You understand that the installation will require drilling into
various parts of your premises; C. You will provide us with 110 AC
electrical outlets for our power equipment in locations designated by
us; D. You will make arrangements for lifting and replacing carpeting,
if required, for our installation of floor mats or wiring; E. You
warrant that you (1) requested the equipment and services specified in
this Contract for your own use and not for the benefit of any other
party, (2) own the premises where the equipment is being installed or
that you have the authority to authorize us to install such equipment
in the premises, and (3) will comply with all laws, codes and
regulations pertaining to the equipment we install and the services we
provide under this Contract. Our intent is to conceal wiring in the
finished areas of your premises. However, there may be areas where we
determine, in our sole discretion, it is impractical to conceal the
wiring. In such areas, wiring will be exposed.
. During the
first three months after installation, we will repair or, at our
option, replace any defective part of the system, including wiring, and
will make any needed mechanical adjustments, all at no charge to you.
We will use new or functionally operative parts for replacements. This
warranty is for your benefit only, and may not be enforced by any other
person. This warranty gives you specific legal rights. The laws of the
state where this Contract was signed may also give you additional
rights.
If
you have purchased our Extended Limited Warranty, we will extend the
Limited Warranty explained above for the term of this contract. The
Extended Limited Warranty will automatically renew for successive
two-year terms at our then-current annual service charge unless
terminated by either party's written notice given at least 30 days
before the end of the then-current term.
We
perform warranty services only during our normal working hours. IF YOU
REQUEST US TO PERFORM WARRANTY SERVICES OUTSIDE OUR NORMAL WORKING
HOURS, YOU WILL BE REQUIRED TO PAY US FOR THE SERVICES AT OUR THEN
APPLICABLE RATES FOR LABOR AND PARTS. THE LIMITED WARRANTY AND, IF
PURCHASED, THE EXTENDED LIMITED WARRANTY DO NOT APPLY IF WE DETERMINE
UPON INSPECTION THAT ANY OF THE FOLLOWING CONDITIONS CAUSED THE NEED
FOR SERVICE: A. Damage resulting from accidents, Acts of God,
alterations or misuse; B. You fail to properly close or secure a door,
window or other point protected by an alarm device; C. You fail to
properly follow the operating instructions; D. Trouble in a telephone
line or due to interruption of power; E. Repairs needed to window foil,
security screens, exterior mounted devises or PROM (Programmable Read
Only Memory) batteries; F. Ordinary maintenance or wear and tear; G.
Alterations to your premises; or H. Alterations to the system made at
your request, or made necessary by a change to your premises, damage to
your premises or the alarm system, or for any other cause beyond our
control. We will not perform warranty services on any device not
installed by us. You must furnish the necessary electrical power
through your meter at your expense to obtain warranty services.
OTHER
THAN THE LIMITED WARRANTY AND, IF PURCHASED, THE EXTENDED LIMITED
WARRANTY, WE MAKE NO GUARANTY OR WARRANTY OF ANY KIND, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICES WE PERFORM OR THE SYSTEMS WE
PROVIDE UNDER THIS CONTRACT. YOUR EXCLUSIVE WARRANTY REMEDY IS SET
FORTH ABOVE. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME STATES MAY NOT ALLOW US TO
LIMIT THE LENGTH OF AN IMPLIED WARRANTY OR TO EXCLUDE OR LIMIT
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LAWS OF THE STATE WHERE THIS
CONTRACT WAS SIGNED WILL DETERMINE WHETHER THESE LIMITATIONS AND
EXCLUSIONS APPLY.
At your request we will repair or replace the equipment we provided at
our then-prevailing prices after the Limited Warranty and, if
purchased, the Extended Limited Warranty expire. At your request we
will also repair or replace anything excluded from the Limited Warranty
and Extended Limited Warranty at our then-prevailing prices.
We will provide alarm monitoring and notification
services if the first page of this Contract includes a charge for such
services. If you have elected for us to provide Police Emergency Alarm
or Duress Alarm (panic-button) monitoring services and such an alarm is
received at our alarm monitoring center, we will attempt to notify the
appropriate police department and the representative you designate. If
you have elected for us to provide Burglar Alarm or Fire Alarm
monitoring services and such an alarm is received at our alarm
monitoring center, we may, at our sole discretion, attempt to contact
your premises by telephone to confirm that the alarm is not false. If
we fail to contact you or if we question the response we receive upon
such contact, we will attempt to notify the appropriate police
department or fire department. If you have elected for us to provide
Supervisory Alarm or Trouble Alarm monitoring services and such an
alarm is received at our alarm monitoring center, we will attempt to
notify the representative you designate. The person(s) identified on
your Emergency Contact List are authorized to act on your behalf. You
understand that the equipment we provide may not operate with other
companies' alarm monitoring equipment. This may prevent you from using
such equipment in the event you terminate our services. You understand
that local laws, ordinances or policies may restrict our ability to
provide the alarm monitoring and notification services described in
this Contract. You understand that, upon receiving notification that a
fire or carbon monoxide signal has been received by us, the police,
fire department or other responding authority may forcibly enter your
residence. WE WILL NOT ARREST OR DETAIN ANY PERSON.
UNLESS
YOU HAVE REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE
APPROPRIATE LINE ON THE FIRST PAGE OF THIS CONTRACT, YOU AGREE THAT
DURING A FIVE DAY FAMILIARIZATION PERIOD FOLLOWING COMPLETION OF THE
INSTALLATION (AND DURING ANY APPLICABLE EXTENSIONS) WE HAVE NO
OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM YOUR
PREMISES THAT IS RECEIVED AT OUR ALARM MONITORING CENTER. YOU ALSO
AGREE THAT DURING SUCH PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT,
NOTIFY ANY AUTHORITIES, YOU OR YOUR DESIGNATED REPRESENTATIVE, OR TAKE
ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF
DUE TO AN ACTUAL EMERGENCY EVENT.
If you fail to make any payment when due or fail to honor any other
term or condition of this Contract, we may stop providing the alarm
monitoring and notification services and repossess or disable the
equipment with or without notice. You agree that you will grant us
access to your residence to allow us to repossess or disable the
equipment. You agree that we have no liability if we stop providing the
alarm monitoring and notification services and repossess or disable the
equipment. You agree that we are not required to redecorate or repair
your premises. We do not waive our right to any other legal remedy,
including our right to charge you interest at the highest legal rate on
the unpaid amount, by stopping to provide the alarm monitoring and
notification services or repossessing or disabling the equipment.
Our electrical smoke detectors are designed to be connected to an
electrical power source. THESE SMOKE DETECTORS WILL NOT OPERATE, THE
ALARM WILL NOT SOUND, AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED, IF
THE ELECTRICITY IS CUT OFF AND THE BACKUP BATTERY, IF PART OF THE
SYSTEM, IS LOW OR DEAD. If there is any fire, the electricity may cut
off before the alarm can function and the alarm will not sound, and the
alarm signal will not be transmitted. Connecting these smoke detectors
to a separate dedicated electrical circuit increases their reliability.
However, even dedicated circuits can fail. WE RECOMMEND THAT YOU
INSTALL A BATTERY POWERED SMOKE DETECTOR AS A BACKUP SYSTEM. YOU SHOULD
REGULARLY INSPECT YOUR SMOKE DETECTORS FOR DIRT AND DUST BUILD-UP AND
TEST THEM WEEKLY TO MAINTAIN CONTINUED OPERATION. Smoke detectors can
significantly help to reduce loss, injury and death. However, no matter
how good any detection device is, nothing works perfectly under every
circumstance. WE WARN YOU THAT A SMOKE DETECTOR WILL NOT ENSURE THAT
YOU WILL NEVER SUFFER DAMAGE OR INJURY. Our battery-powered motion
detectors, smoke detectors, door and window contact transmitters, and
other detection sensors, if installed under this Contract, are not
connected to the electrical system of your premises. Such detection
sensors require batteries to operate. THESE BATTERY POWERED DETECTION
SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE
BATTERIES ARE LOW OR DEAD. You are responsible for maintaining the
batteries. You should regularly inspect such sensors for dirt and dust
buildup and test them weekly to help maintain continued operation. WE
STRONGLY RECOMMEND THAT YOU CAREFULLY READ THE OWNER'S MANUAL FOR ALL
EQUIPMENT. THE OWNER'S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH
AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE
PROCEDURES. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER
INFORMATION ON THE EQUIPMENT ITSELF.
A.
AUTHORIZATION. You authorize us, on your behalf, to request services,
orders or equipment from a telephone company or other company providing
signal transmission services or facilities under this Contract
(referred to as "Telephone Company"). B. DIGITAL COMMUNICATOR. You
understand that a digital communicator, if installed under this
Contract, uses standard telephone lines for sending signals which
eliminates the need for a dedicated telephone line and the costs
associated with such dedicated lines. YOU ALSO UNDERSTAND THAT WE WILL
NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER TRANSMISSION
MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH OR IS OTHERWISE
DAMAGED, OR WHEN ANY NON-STANDANRD TELEPHONE LINE OR SERVICE (INCLUDING
BUT NOT LIMITED TO DSL, ADSL, ETC.) IS BEING USED. C. DERIVED LOCAL
CHANNEL. The Telephone Company's services provided to you in connection
with our services may include Derived Local Channel service. Such
service may be provided under the Telephone Company's service marks or
service names. These services include providing lines, signal paths,
scanning and transmission. You agree that the Telephone Company's
liability is limited to the same extent our liability is limited in
Paragraphs 5, 6, 7, 8, 9 and 10 of this Contract. D. RADIO INTERFACE.
You understand that if your alarm system is connected to our alarm
monitoring center by radio frequency method there may be times when the
system is unable to acquire, transmit or maintain an alarm signal. Such
radio frequency methods include cellular or private radio. If a radio
frequency is utilized, we recommend you also use an additional method
of communication to connect to our alarm monitoring center.
We may, at any
time, cancel this Contract at our option if: A. Our alarm monitoring
center is destroyed or damaged so that it is impractical for us to
continue service; B. We cannot acquire or retain the transmission
connections or authorization to transmit signals between your premises
and our alarm monitoring center or the applicable fire or police
department or other agency, or between our alarm monitoring center and
the applicable fire or police department or other agency; C. You fail
to follow our recommendations to repair or replace any defective parts
of the system not covered under the Limited Warranty or Extended
Limited Warranty, if purchased; D. You fail to follow our operating
instructions for the system; or E. We determine that it is impractical
to continue service due to the modification or alteration of your
premises after installation. If we cancel for any of the reasons stated
immediately above, we will refund any advance payments made for
services to be supplied after the date of such termination, less any
amounts still due for the installation of the equipment, for services
already rendered, and for any other charges due, but we will not be
liable for damages or subject to penalty as a result of such
termination. We may cancel this Contract with or without notice at our
option if: A. You fail to pay any monies when due under this Contract;
B. You fail to comply with any other term or condition of this
Contract; or C. You fail to maintain your premises in a safe and
sanitary condition. If we cancel for any of the reasons stated
immediately above, we will not be liable for damages or subject to
penalty as a result of such termination.
You may not assign
this Contact without our written consent. We have the right to assign
this Contract or to subcontract any of our obligations under it without
notifying you.
WE HAVE NO
RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON FOR DELAYS IN
THE INSTALLATION OR REPAIR OF THE SYSTEM OR THE PERFORMANCE OF OUR
SERVICES, REGARDLESS OF THE REASON, OR FOR ANY RESULTING CONSEQUENCES.
WE HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE, OR
ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE,
ACT OF GOD, OR ANY OTHER CAUSE BEYOND OUR CONTROL. DURING ANY SUCH
SERVICE INTERRUPTION, WE HAVE NO OBLIGATION TO SUPPLY YOU SUBSTITUTE
SERVICES.
You agree
that we may convert this Contract into an electronic media such as CD
ROM. You also agree that, in the event of any dispute or litigation, a
copy of this Contract produced from any such electronic media may serve
as the exclusive original.
THIS
CONTRACT CONSTITUTES OUR ENTIRE AGREEMENT. BY SIGNING IT YOU ADMIT THAT
YOU ARE NOT RELYING ON OUR ADVICE OR ADVERTISEMENTS. YOU AGREE THAT YOU
AND WE ARE NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION,
INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN
WRITING IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT
APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE
IS APPROVED IN WRITING BY OUR AUTHORIZED REPRESENTATIVE. THE TERMS AND
CONDITIONS OF THIS CONTRACT SHALL GOVERN EVEN IF YOU SUBMITTED A
PURCHASE ORDER OR OTHER DOCUMENT WITH INCONSISTENT OR ADDITIONAL TERMS
AND CONDITIONS.
License Nos.:
AK # BL 403692, BL 256239; AL
# 22820; AR # 0030740100; E0055; AZ
# 109396-C12, 109402-L67; CA # PPO-12949,
707408; CT # L5-105789; DC
#611Z-39703010; DE # 1993104267,
FAL-0014, FAC-0045; FL # EF0000911,
EF0000950, EF 0000949, EF 0000273, EF 0001194, EG 0000169; GA
#LA204776, LU001160, LA002833, LA003870, ID # 12256-A-4(8), 2643 SCL; IL
#124-001426, 127-000364; LA #BF000252,
BF000251, 24889; MA # 1533-C; MD
# 119, 42487, 50162, 107-527; ME #
MC60017614, LM50016603; MI # A-0170B,
BA1158(A-E), 51-03116; MN # CC00910; MS
# 04408 MT # 5362, 99 FIRE, 16; NE
# 16240; NV # 0040091, 115-787-280, F-27,
F-5, 1-121-094; NM # 056126; NY
# 12000025576, 11000058863; NC #
12646/04-SP-LV; OH # 19352, 58-18-1052,
50-57-1034, 53-89-1329, 53-31-1582; OK #
0067; OR # 26-209CLE, 59944; RI
#AFC-0126, #840, 18004; SC # QA-449, 451,
452, 448; TN # QA-482, 173, 280, 281,
330, 872; TX # B00536. ACR 1460; UT
# 84-297869-6501; VA DCJS 11-1878,
11-1879, 2701-035978A; WA # ECO6
ADTSES103205, WA-601-636-830; WV #
WV014142; WY # TLV-A-20, LV-A-20. MI
- 3054 East Lake Lansing Road; East Lansing, 48823; TX
- 140 HEIMER RD. #100, SAN ANTONIO, TX 78232; Texas Commission on
Private Security, 4930 South Congress Ave, Suite C-305, Austin, TX
78745 MT - 2110 Overland Avenue, Suite
110, Billings, 59102; NY - Licensed by
the N.Y.S. Department of State; RI - 333
Smith Street, Providence, 02908; SC -
7154 Cross County Road, North Charleston, 29418; WA
- 84 Powell Avenue Southwest, Suite 101, Renton, 98055.
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