Altech Service Contract. Customer’s Responsibilities
In order to enable the installation and operation of the system, the Customer shall be responsible for providing the following at own expense; a) access to Altech Security Systems® hereinafter referred to as “the Company”), its employees, agents or contractors, to the premises during the Company’s normal business hours and at such other times as may be agreed upon; b) continual electric supply to the system in accordance with the manufacturer’s specifications as they may be amended from time to time by the Company; c) monthly testing of the system (or more often as the Company may specify from time to time in writing) and prompt notice to the Company should any defects be found in the course of such testing, which is to be done in accordance with the manufacturer’s specifications, or as otherwise specified by the Company; d) insurance coverage for the equipment for such risks as may be and are normally covered including protections against the usual insurable risks including fire, elements, acts of God, tampering and misuse; e) proper maintenance and repair to all doors, windows and other portions of the premises; f) telephone services lines and facilities including where necessary, telephone coupler or jack or both; g) For installation purposes, lifting and replacing of carpeting if required by the Company, repairs and replacements to walls, window frames and other parts of the premises and removal by the customer of any fixtures, equipment or furnishings which may interfere with wiring and installation of the equipment provided hereunder; and h) safekeeping of all premises and goods during installation.
All labour and material for newly installed systems is guaranteed to be free from defect for a period of (1) year. The Company reserves the right to install substitute components of equal quality in its reasonable opinion. Extended warranty for parts and labour is available at additional expense. Any defective systems or components thereof shall be repaired or replaced at the Company’s cost and no other reimbursement for losses, costs or damages shall be payable to the Customer. A service charge at the Company’s prevailing rates at the time of service shall be made if the cause of the service call is not covered by the above warranty. If in its sole discretion the Company deems it necessary to remove the equipment or parts thereof to its premises for repairs, it shall endeavour to provide a replacement part or parts in order to permit the Customer’s system to function but does not guarantee that this can be done in all cases. Any warranty does not cover batteries. The within warranty is the sole warranty given by the Company to the Customer and all other statutory or other warranties, express or implied, are hereby expressly excluded. THE CUSTOMER EXPRESSLY AGREES THAT THERE IS NO WARRANTY GIVEN BY THE COMPANY AS TO FITNESS OF THE ALARM SYSTEM OR MONITORING SERVICES FOR ANY PARTICULAR PURPOSE AND FURTHER THAT HE HAS NOT ADVISED OR MADE KNOWN TO THE COMPANY ANY PARTICULAR LOSS OR DAMAGE HE MAY SUFFER OR INCUR AS A RESULT OF FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER.
Limitation of Liability
The Customer agrees that the Company is not an insurer and that the Company is not assuming any risk of any damage, loss or injury that may result upon the failure of the alarm system to operate or from the failure of any monitoring of alarm signals to respond to an alarm signal, in both events, for any reason whatsoever. The Customer also agrees that the system can fail for reasons beyond the control of the Company or response from the municipal authorities or designated contacts can be slow or ineffectual. As such this system is a deterrent and does not provide complete or unlimited protection or protection in lieu of insurance coverage. The Customer’s payment to the Company is for equipment and for monitoring service only and not for protection or insurance. In the event of any loss or damage for any reason whatsoever Customer’s sources of reimbursement are his/her own resources or property and liability insurers. The failure of the system to function or for the recipient of any alarm signal to react properly, for any reason whatsoever (including the Company’s or its agents’ or contractors’ negligence or gross negligence or substantial or fundamental breach of this agreement), shall not give rise to any liability, for breach of contract, tort or otherwise, on the Company’s part except to return to the Customer payment of a reasonable value of its monitoring services not performed, fixed at and limited to the return of not more than the annual monitoring service fee in the year in which any such loss occurs or in the case of any equipment failure to the return of the market value of such equipment at the time of loss which the parties agree constitutes a genuine pre-estimate of them of the Customer’s potential damages and is therefore agreed by the Company and the Customer to be liquidated damages. THE COMPANY WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY LOST PROFIT, ECONOMIC OR CONSEQUENTIAL DAMAGE OR FOR ANY CLAIM OR DEMAND AGAINST THE CUSTOMER BY ANY OTHER PERSON. THE CUSTOMER ACKNOWLEDGES THAT AT THE TIME OF MAKING OF THIS AGREEMENT OR PRIOR THERETO, THE COMPANY HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OCCURRING. Without limiting the generality of the foregoing, in no circumstances shall the Company be responsible for any loss, damage, costs or expense suffered by the Customer or any person claiming through him on account of, nor does any warranty given by the Company cover any the following; a) any error or omission in doing any act or providing any goods or services required to be done or provided by the Customer; b) damage to the equipment or any part of it by reason of any action or omission of the Customer or his/her employees, servants, agents or contractors or by reason of any environmental condition including fire, water, wind, lightning or any other elements, any other act of God, fire explosion, misuse, tampering, vandalism, water, steam or any other peril for which the Customer has insurance or which is usually insured by owners of premises similar to those of the Customer or any other cause beyond the control of the Company; c) any false alarm assessment, tax, fee or other charge that has or may be imposed or authorized by any government body relating to the installation or service provided under this agreement or any refusal to respond, cancellation, or suspension by any police or law enforcement agency; d) power failure, power surges or variance or failure of telephone transmission lines, wireless cellular or telemetry connection, wired and/or wireless internet connection, wired and/or wireless local area network connection, Global Positioning System (GPS) or any other equipment; e) tampering or attempted service to any part of the equipment, addition of equipment or other alarm monitoring systems by any person not authorized in writing by the Company; f) misuses or malfunction of parts of the equipment not serviced by the Company; g) failure of the Customer to properly arm the alarm system or any part thereof, or to properly close doors, windows or other protected points or to test and replace batteries as required or; h) changes to the premises as a result of renovation, construction, decoration or other alteration, storage of goods or lack of maintenance which may affect the performance of the alarm system or any part thereof; i) any delay in obtaining replacement parts from any manufacturer or supplier thereof; j) any delay in providing any goods or services for any reason beyond the control of the Company and; k) charges for service calls prompted as a result of any of the foregoing.
Service representatives will be dispatched only between the hours of 9 a.m. and 5 p.m., Saturday, Sundays and Holidays excepted. (Save in a situation deemed an emergency by the Company). Service may be arranged at other hours subject to availability of personnel and upon payment of the appropriate fees for same.
It is understood and agreed that until payment in full has been made of the total installation price, the entire system shall remain the sole property of the Company and in addition to other rights that it might have, the Company shall have the right of access to the premises for the purposes of removing said system, notwithstanding that it may be attached to a building, and the Company shall not be responsible for any consequences resulting from such removal. Customer hereby grants to the Company a security interest under the Personal Property Security Act in the equipment installed until payment in full. Any automatic dialing or communication devices installed belong to the Company, which shall have the right to automatic dialing or communication devices or to deprogram communication, at any time when the Company’s monitoring service is discontinued. In the event that access is denied the Customer shall be liable to the Company for current retail value of replacing such system as well as any other related costs or damages.
Binding Effect of Document
This document when signed by the Customer and accepted by the Company’s representative shall constitute a binding contract of purchase and sale of the equipment and the services described. If the Company advises the customer to the contrary by written notice mailed within 15 calendar days following the date of this contract of its refusal to accept the terms and conditions outlined on the front page and back hereof, then it shall not be binding on the Company and any deposit paid hereunder shall be returned to the Customer without interest or deduction. Where the Customer does not allow the Company to begin work within three months after acceptance hereof by the Company, the Company may at its sole option cancel this contract and retain the amount of any deposit paid. In addition to any other right or remedy it may have, in the event that any cheque tendered for payment for any goods or services hereunder is not honoured, the Company may cancel this agreement and retain any money paid hereunder as liquidated damages and not as penalty.
Assignability of Agreement
Neither this agreement nor the Company’s monitoring service are transferable without the Company’s written consent to same. The Customer shall provide not less than 30 days’ notice of any proposed transfer. Should the Customer vacate the premises, or assign or attempt to transfer or assign its rights under agreement or the Company’s monitoring service then the Company may at its sole option suspend monitor service without notice or terminate this agreement, without prejudice to its rights to collect all amounts owing hereunder. The Company shall have the right to assign this agreement at any time without consent of the Customer. In such event, the Customer shall deal with, look for the performance of this agreement to and have any remedies for breach of this agreement against the assignee only and the Company shall, upon such assignment, be released from any obligation to the Customer hereunder.
Suspension or Cancellation of Monitoring Service
If the Company’s alarm monitoring station is destroyed or damaged or ceases operation for any cause or if, due to the Customers acts or omissions (including failure to follow the Company’s recommendations for use and testing, repairs or replacement of the system or any part thereof) it is impracticable in the Company’s sole opinion to continue service or if, in the sole opinion of the Company cancellation of monitoring service is warranted, then the Company may cancel monitoring service without notice and it shall not be liable for any damages as a result of terminating such services except for a refund of any fees paid for any period after the date of cancellation.
Suspension or Cancellation by Police Agencies
If local police or law enforcement authorities refuse to respond to calls pertaining to the Customer or any location serviced by the Company or suspends response for any reason including but not limited to excessive numbers of false alarms, regardless of source, this agreement shall not be terminated or suspended. The Company shall continue to provide monitoring services and shall, in response to alarm signals, notify the Customer’s private security service or other person designated, if any, local calls only.
Renewal of Monitoring Service Agreement
The Customer agrees to continue the monitoring service and to pay for same at the Company’s prevailing rates from time to time for a period indicated on the front and thereafter from year to year until cancelled by the Customer in writing. In the event of termination prior to the end of the contract term, the Customer agrees to pay, in addition to any charges for services rendered prior to termination, 50% of the monitoring charge remaining to be paid for the unexpired term of the agreement as liquidated damages and not as penalty. The Customer agrees that monitoring fees may be increased at the discretion of the Company. If the amount of any price increase for monitoring service is greater than the percent increase in the Consumer Price Index for Canada for the period or periods covered, then Customer may cancel the service when the proposed increase takes effect by sending written notice to the Company within 30 days of the sending of notice of such increase. Failing cancellation, service shall continue at the increased price, all other conditions and terms remaining the same. The customer shall pay, in addition, the cost of any identification cards requested after initial set-up, any additional attendances to train the customer on the use of the system after initial set-up, service charges not covered by the warranty as aforesaid, any false alarm assessments, taxes, fees or charges that are imposed by any government authority, and any increase in charges to the Company for telephone or other facilities required for transmission of signals.
Suspension or Cancellation for Non-Payment
The Company may forthwith suspend or cancel monitoring service without notice if any payment is overdue or any cheque not honoured, in addition to any other right or remedy it may have.
This agreement constitutes the entire agreement between the parties and no changes can be made, save in writing and signed by both parties. The parties agree that there are no other conditions agreed to, representations made or warranties given in connection with the making of this agreement or pertaining to the goods or services provided by the Company hereunder, expressed or implied. NO PERSON OTHER THAN A DULY AUTHORIZED SIGNING OFFICER OF THE COMPANY AND IN PARTICULAR NO SALES REPRESENTATIVE OR CONSULTANT HAS ANY AUTHORITY TO AMEND, WAIVE, SUSPEND OR IN ANY WAY ALTER ANY OF THE PRINTED TERMS OR CONDITIONS HEREIN CONTAINED OR TO MAKE ANY PROMISE, REPRESENTATION, CONDITION OR WARRANTY NOT PROVIDED HEREIN. THE TERMS AND CONDITIONS HEREIN PRINTED SHALL PREVAIL OVER ANY INCONSISTENT OR ADDITIONAL TERMS OR CONDITIONS IN ANY PURCHASE ORDER OR OTHER LETTER OR DOCUMENT SUBMITTED BY THE CUSTOMER HEREWITH.
The Customer shall pay interest on all amounts due to the Company at the rate of calculated daily and compounded annually from the date such amounts become due to the date of payment.
If more than one person signs this agreement as a Customer then the rights, obligations and responsibilities of all such persons hereunder shall be joint and several.
The Customer agrees to pay all costs incurred by the Company (including lawyers’ fees on a solicitor and client scale) for collection of any amount owed by the Customer to the Company or for repossession of any equipment or for remedy of any breach of this agreement or any attempt to do so.
Agreement Read in Context
Personal pronouns shall be deemed to include the singular, plural, masculine, feminine and neuter as the context requires in each case, and when applied in the plural, shall apply to such parties jointly and severally. Headings or marginal notes form no part of this agreement and are inserted for convenience of reference only.
If any provision of this contract is found by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed severed herefrom and all other provisions shall remain in full force and effect.
It shall be governed by the laws of the Province of Ontario and parties submit and attorn to the jurisdiction of the courts of that province for all purposes of enforcement and interpretation of the same.
Alarm Response / Guard Service
Without limiting the generality of the foregoing service agreement, it is further understood
and agreed Altech Security Systems® or its agents, shall at their discretion, furnish the Customer
with security response service to burglar alarm signals at locations provided. In responding to
alarms, we will where possible determine if there are any signs of forced entry or other evidence
of burglary and if so notify appropriate police authorities and/or customer. It is agreed
that response will be as quick as given circumstances make possible, given the circumstances
of each alarm, including but not limited to, the accuracy of the information provided by the
customer, weather conditions, road conditions, acts of civil disobedience, public demonstrations,
special events and acts of god.
Limitation of Liability Alarm Response / Guard Service
It is understood and agreed that the services provided by Altech Security Systems® or its
agents: hereunder are alarm response services only and that the rates established herein are
based solely on the cost of service and, in the case of failure to perform such service and a
resulting loss, Altech Security Systems® liability hereunder, if any shall be limited to a sum
equal to the total of the periodic payments made by the customer for such service for one
year which sum shall be paid and received as equated damages whether such loss arises by
reason of negligence or want of skill on the part of Altech Security Systems, its servants or
agents, or for any other reason whatsoever against Altech Security Systems® with reset to such
loss. It is further understood and agreed that there is no representation or warranty by Altech
Security Systems® as to the adequacy of its response system and further that the response services
provided by Altech Security Systems® do not in any way render the customer’s clients safe
from: the possibility of theft, burglary, robbery or any other criminal act.
This agreement supersedes all previous agreements, oral or written between Altech Security
Systems®, and the client, and represents the whole and entire agreement between the parties.
I understand that one or more of the following connection pathways may carry alarm signals from the protected premises to Altech Security Systems®; a) a telephone connection, b) a wireless cellular connection, c) a wired and/or wireless internet connection, and d) a wired and/or wireless local area network connection. Each of these connection pathways, or any other connection pathway used in the security alarm system but not explicitly stated, is the vital communications link for the security alarm system. These connection pathways are to be maintained by the subscriber/customer or a third party. Should any change in status, condition or modality of a communication pathway occur, the subscriber/customer must immediately call the communication pathway service provider to restore service, make provision for alternate guard protection and notify Altech Security Systems®. Altech Security Systems® does not assume any risk of any damage, loss or injury that may result upon the failure of the alarm system to operate or from the failure of any monitoring of alarm signals to trigger a response.
I hereby authorize Altech Security Systems® to verify or attempt to verify alarm signals received by it from the premises before dispatching emergency services.
Altech Security Systems® shall incur no liability for any loss, damage or personal injury sustained as a result of any such verification or attempted verification.
I accept the above noted proposal, and acknowledge that I have read and that I understand all the terms and conditions contained in the above noted proposal, including limitations of liability and limitations and warranty and further, that by signing hereunder, this becomes a binding contract. You are authorized to do the work as specified. If the customer is a corporation, the undersigned has the authority to bind the corporation.