The Alarm
Store . . .
Our
Standard Warranty/Agreement:
1 WARRANTY: If direct Sale is indicated on the reverse side. any part of the system, including the wiring, installed uncle( this Agreement which proves to be defective in material or workmanship within ninety days of the date of completion on installation will be replaced at TAS option with a now or functionally operative part. Labor and material required to repair or replace such defective components will be free of charge for a period of ninety days following the completion of the original installation
This Warranty does not apply to the conditions listed below and in the event Customer calls TAS for service under the Warranty and upon inspection by TAS s representative it is found that one of these conditions has led to the inoperability or apparent inoperability of the system a charge will be made for the service call of TAS representative, Should it actually be necessary to make repairs Io the system due to one of the 'Conditions" not covered by Warranty. a charge will be made for such work at TAS then applicable rates for labor and material Service will be furnished by TAS during its normal working hours. 8:00 a m. to 5.00 p m Monday through Friday exclusive of Saturdays, Sundays and holidays.
Conditions not covered by Warranty@ Al Damage resulting from accidents acts of God. alteration. misuse. tampering or abuse. B) Failure of the customer to properly follow operating instructions provided by TAS at time of installation or at a later date. C) Trouble due to interruption of commercial power or the phone service.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESS 08 IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASERS EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER. INCLUDING TAS NEGLIGENCE. SHALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TAS SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL 08 INCIDENTAL DAMAGES OF ANY NATURE. INCLUDING WITHOUT LIMITATION. DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY AND HOWEVER OCCASIONED, WHETHER ALLEGED As RESULTING FROM BREACH OF WARRANTY OR CONTRACT 13Y TAS OR NEGLIGENCE OF TAS OR OTHERWISE.
2. MAINTENANCE: If the reverse side of this agreement indicates this service is being provided, TAS will bear the expense of all ordinary maintenance and repair of said system due to normal wear and tear. The expense of all extraordinary maintenance and repair due to alterations in the Customer s promise. alterations of the system made at the request of the Customer, or made necessary by changes in the Customer s premise. damage 11 to the premises or to the alarm system or to any cause beyond the control of TAS shall be borne by the Customer The Customer agrees to furnish any necessary electric current through the customer's meter and at the Customer's own expense. It is mutually agreed that the work of installation and repairs of the system shall be performed between the hours of 8:00 a.m. and 5:00 p.m.. exclusive of Saturdays, Sundays and holidays.
EXCLUSIONS: Maintenance on the following devices will be provided only on a time and material basis: (1) window foil, (2) security screens. (3) any exterior mounted devices (4)Conditions not covered by warranty listed in paragraph 1 above.
ft is understood and agreed that TAG's obligation related to the maintenance solely of the specific protection system and that TAS is in no way obligated to maintain, repair. service, replace. operate or assure the operation of any device or devices of the Customer or of others not installed by TAS,
3. LEASE - OTHER TERMS: TAG shall have the right to declare the whole sum payable under this contract immediately due and payable. and to immediately terminate this contract and enter the premises and remove its property upon the default by Customer of any of the terms of this agreement which is not cured within thirty 130) clays after written notice of default by TAS to Customer. The (removal of TAS s properly shall not be held to constitute a waiver of the rights of TAS to collect any rentals or charges which may have accrued under this agreement,
Customer understands and agrees that the leased equipment, and all leased devices are and remain the sole property of TAS. Customer expressly covenants and agrees not to tamper with, disturb. injure modify. repair, remove or otherwise interfere with said apparatus and not to permit the same to be done. It is further agreed that the apparatus shall remain in the same location as installed and removal or disturbance thereof resulting from painting, altering or remodeling the fixtures. or- any other changes whatsoever necessitating any work by way of repairs. relocating or otherwise on said apparatus or, if the underwriters or any governmental agency or sub-division, including law enforcement agency. or any inspection bureau having jurisdiction shall require any changes. said work shall be paid for by Customer in accordance with TAS s standard charges.
It is understood and agreed that TAS may remove. or upon written notice. to abandon said system in whole or in part. including all devices. instruments. wires. conduits foils. cabinets. any other( materials associated therewith upon termination of this agreement by lapse of time default in the payment of any monies due hereunder, or otherwise, without any obligations to repair or redecorate any portion of the Customer's premises upon removal of the contracted system, and that the removal or abandonment of the system as foresaid Shall not be held to constitute a waiver of the right of TAS to collect any charges which have accrued or may accrue hereunder
4. TAG is hereby authorized to make any preparation such as drilling holes. driving nails. making attachments or doing any other thing or things necessary pertinent to the installation and maintenance of the electrical protection system and shall not be responsible for any condition created thereby during the installation, maintenance or removal of the equipment. and further TAG shall not be responsible for the condition of the premises upon the removal of the equipment and the Customer warrants that it has full authority from the owner and/or any other person in control of the premises to permit the installation of the equipment under all conditions herein above mentioned.
ff monitoring services are provided by digital communicator. the Customer agrees to provide a connection via a registered telephone jack to a telephone channel required for the equipment. Such connection shall be electrically first before any other telephone or Customer equipment. and shall be within ten (10) feet of the control panel. If requested by the Customer, TAG shall provide such connection at the cost of the Customer(. It is further agreed that this telephone service may impact line-cut risks.
5. TAS shall have the right to assign this agreement to any other person. firm, corporation without notice to Customer and Shall have the further right to sub-contract any services which it may perform
6. This agreement is not assignable by Customer except upon the written consent of TAS first being obtained. Customer may not assign any rights under this contract or under the relationship created hereby either voluntarily or by operation of law without having first obtained the written consent of TAS. Customer hereby for itself and all parties claiming under it. release and discharge TAS from and against all hazards
covered by insurance, it being expressly understood and agreed that no insurance company or insurer shall have any rights of subrogation against TAS.
7. LIMIT OF LIABILITY: It is Understood that TAS is not an insurer, that insurance, if any. shall be obtained by the Customer and that the amounts payable to TAS hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the Customer's property or property of others located in Customer's promises. TAS makes no guaranty or warranty. including any implied warranty of the merchantability or fitness, that the system or services supplied. will avert or prevent occurrences or the consequences therefrom which the system or service is designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of TAS to perform any of its obligations hereunder. The Customer does not desire this contract to provide for full liability of TAS and agrees that TAS shall be exempt from liability for loss, damage, or injury due directly or indirectly to occurrences of consequences therefrom. which the service or system is designed to detect or avert@ that if TAS should be found liable for loss, damage. or injury due to a failure of service or equipment in any respect. its liability shall be limited to a sum equal to services for a perioc3 of service of six (6) months or $250.00 whichever is greater, as the agreed upon damages and not as a penalty, as the exclusive remedy: and that the provisions of this paragraph shall apply if loss, damage or injury irrespective of cause or origin. results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this contract or from negligence. active or otherwise. of TAS its agents or employees. No suit or action shall be brought against TAS more than one (1) year after the accrual of the cause of action therefor. If the Customer desires TAS to assume a creator liability TAS shall amend this agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by TAS of such greater liability provided, however, that such rider and additional obligation shall in no way be interpreted to hold TAS as an insurer. In the event any person not a party to this agreement shall make any claim or file any lawsuit against TAS for failure of its equipment or service in any respect. Customer agrees to indemnity, defend and hold TAS harmless from any and all such claims and lawsuits including payment of all damages, expenses, costs and attorney fees. If this agreement provides for direct monitoring by a municipal police or fire department or other organization, that department or organization may invoke the provisions hereof against any claims by the Customer due to any failure of such department or organization.
8. TAS assumes no liability for delays in installation of equipment, or for the interruptions of service due to strikes, riots, floods, fires, acts of God or any causes beyond the control of TAS and will not be required to supply service to the Customer while interruption of service due to any such cause shall continue.
9. This Agreement contains the entire understanding of the parties and supercedes any other oral or written agreement or representation.