TERMS AND CONDITIONS APPLYING TO CCTV INSTALLATION
Herein contained are the terms and conditions of installation, service, and monitoring of said alarm system. "Customer" shall be used to identify name of Subscriber affixed to face of
Contract and "Company" shall apply to PriVID Eye Systems Corporation, Inc. a Florida corporation.
- Installation: Company agrees to install the equipment listed on the reverse side of this agreement in a workmanlike manner in accordance with the following conditions:
- Customer will make premises available without interruption during Company's normal working hours, 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Plenum cable, if required, is an extra charge to this contract.
- Customer understands that the installation will necessitate drilling into various parts of the premises. Company intends generally to conceal wiring in the finished areas of the premises, however, there may be areas in which due to construction, decoration or furnishing of the premises, Company determines, in its sole discretion, that it would be impractical to conceal the wiring and in such cases, wire will be exposed.
- Customer agrees to provide 110 AC electrical outlets at the designated locations for quipment requiring AC power.
- Customer agrees to provide for lifting and replacing carpeting if required for the installation of floor mats or wiring.
- Customer understands that installation requires drilling holes in interior and exterior walls. Company limits its liability to the patching of said holes and Company cannot be responsible for providing paint or wall coverings to match those colors or coverings existing within Customer's premises.
- Title to the equipment is to remain with Company until the full purchase price is paid. Failure to pay the purchase price of the installed equipment when due shall give Company the right, without obligation to redecorate or repair the premises or any other liability, to repossess that equipment with or without notice, and to avail itself of any legal remedy. Any costs for collection, including reasonable attorney fees are at the Customer's expense.
- LIMITED WARRANTY - ANY PART OF THE SYSTEM AND WIRING INSTALLED UNDER THIS AGREEMENT WHICH PROVES TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP WITHIN ONE YEAR OF THE DATE OF COMPLETION OF INSTALLATION WILL BE REPAIRED OR REPLACED AT COMPANY'S OPTION WITH A NEW OR FUNCTIONAL OPERATIVE PART. LABOR AND MATERIAL REQUIRED TO REPAIR OR REPLACE SUCH DEFECTIVE COMPONENTS OR TO MAKE MECHANICAL ADJUSTMENTS TO THE SYSTEM WILL BE FREE OF CHARGE FOR A PERIOD OF NINETY (90) DAYS FOLLOWING THE COMPLETION OF THE ORIGINAL INSTALLATION. THE CUSTOMER'S REMEDIES HEREUNDER AND UNDER ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, ARE EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT AS STATED ABOVE. COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, HOWEVER OCCASIONED.
THE WARRANTY PRINTED ABOVE DOES NOT APPLY TO THE CONDITIONS LISTED BELOW AND IN THE EVENT CUSTOMER CALLS COMPANY FOR SERVICE UNDER THE WARRANTY AND UPON INSPECTION BY THE COMPANY 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 THE COMPANY REPRESENTATIVE WHETHER OR NOT HE ACTUALLY WORKS ON THE SYSTEM. SHOULD IT ACTUALLY BE NECESSARY TO MAKE REPAIRS TO THE SYSTEM DUE TO ONE OF THE "CONDITIONS NOT COVERED BY WARRANTY", CHARGE WILL BE MADE FOR SUCH WORK AT COMPANY'S THEN APPLICABLE RATES FOR LABOR AND MATERIAL.
Conditions Not Covered by Warranty:
- Damage resulting from accidents, acts of God, alteration, misuse, tampering and abuse.
- Failure of Customer to properly follow operating instructions provided by Company at time of installation.
- Trouble in leased telephone line or interruption to commercial power.
- Any fines, fees or other costs due to false alarms.
- Batteries.
- Errors or omissions in construction or installation of the system, including but not limited to, failure to wire any portion of the premises must be called to the attention of Company by Customer, in writing, within ten (10) calendar days of completion of installation. Upon expiration of said ten (10) days, the installation and the protection provided shall be deemed accepted by Customer.
TERMS AND CONDITIONS OF MAINTENANCE SERVICE
- Maintenance Service for the equipment supplied under this Agreement will be provided by Company if the reverse side of this Agreement includes a charge for Maintenance Service. The term of the Maintenance Service shall be for a period of one year commencing one year from the date of completion of installation at which time the Maintenance Service charge will be due and payable. Maintenance Service shall include the parts required to repair equipment which have become defective through normal wear and usage and excludes from coverage the "Condition Not Covered by Warranty" listed above. Maintenance Service labor rates shall be calculated using a thirty (30%) percent discount from prevailing service rates and trip charges at the time.
It is understood and agreed that Company's obligation relates to the maintenance solely of the specific CCTV system, and that Company 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 Company.
If not contracted for before the expiration of the Warranty, Company will enter into a Maintenance Service Contract only after inspecting the system and making any necessary repairs or replacements to the system at a charge to the Customer for labor and or material at Company's then prevailing rates.
- Repair and Parts Replacement Without Maintenance Service - After the warranty period and if a maintenance service contract has not been signed, Company will, if requested, provide the Customer with repair and parts replacement for the equipment at Company's prevailing prices and terms at the time.
It is understood and agreed that this Agreement may be terminated by Company in the event that the Customer fails to follow any recommendations Company may make for the repair or replacement of defective parts of this system not covered under the Warranty or Maintenance Service Contract. Company may terminate this Agreement if it is discovered that the system is modified or altered by an unauthorized party after installation as to render continuation of service impractical. In the event of any termination, Company will refund to the Customer any advance payments made for service to be supplied subsequent to the date of such termination less any amount still due for the sale of equipment.
GENERAL TERMS AND CONDITIONS
- Service pursuant to the Warranty or the Maintenance Service Contract printed above will be furnished by Company during its normal working hours, Monday through Friday, except holidays. Company shall have full and free access to the equipment to perform service thereon. Company shall not be responsible for failure to render service due to causes beyond its control. Services rendered outside the normal working hours of Company are not within the scope of the Warranty or Maintenance Contract.
- LIMIT OF LIABILITY - THE WARRANTIES PRINTED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED AND THE REMEDIES ARE IN LIEU OF ALL OTHER REMEDIES IT IS UNDERSTOOD THAT COMPANY IS NOT AN INSURER, THAT INSURANCE, IF ANY , SHALL BE OBTAINED BY THE CUSTOMER AND THAT AMOUNTS PAYABLE TO COMPANY ARE BASED UPON THE VALUE OF THE SERVICES AND EQUIPMENT AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE CUSTOMER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN CUSTOMER'S PREMISES COMPANY MAKES NO GUARANTEE OR WARRANTY. INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED, WILL AVERT OR PREVENT OCCURENCES OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT OF SERVICE IS DESIGNED TO DETECT OR AVERT. THAT IF COMPANY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO FAILURE OF EQUIPMENT OR SERVICE IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO $100, AS THE EXCLUSIVE REMEDY AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS OR DAMAGE. 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 COMPANY, ITS AGENTS OR EMPLOYEES. IF THIS AGREEMENT PROVIDES HEREOF AGAINST ANY CLAIMS BY THE CUSTOMER DUE TO ANY FAILURE OF SUCH DEPARTMENT OR AGENCY, CUSTOMER, FOR ITSELF AND ALL PARTIES CLAIMING UNDER IT RELEASES AND DISCHARGES THE COMPANY FROM AND AGAINST ALL HAZARDS AND LOSS COVERED BY INSURANCE IT BEING EXPRESSLY AGREED THAT NO INSURANCE COMPANY OR INSURER SHALL HAVE ANY RIGHTS OF SUBROGATION AGAINST THE COMPANY, ITS EMPLOYEES OR ASSIGNS.
All terms and conditions of this contract shall also include, but not be limited to, any service or work done on system after completion of original installation.
- Taxes, Municipal Charges, etc. - In addition to the charges included herein, the Customer agrees to pay any taxes, fees or charges relating to the installation or service provided under this Agreement which are authorized or imposed by any governmental body.
- Assignment - This Agreement becomes the property of the Company and may be assigned to a third party at Company's discretion.
- Verbal - There are no verbal understandings changing or modifying any of the items of this Agreement.
- By signing this agreement, the customer understands that the company may verify and exchange credit information, including requesting reports from credit reporting agencies, and that the company upon customer's inquiry will inform customer whether or not a credit report was requested, and if a report was received, the name and address of the agency that furnished the report.
- Collection -Customer will pay to PriVID Eye Systems Corporation all costs for collection of past due monies including reasonable attorney's fees and any and all interest charges allowed by law. Venue for litigation brought hereunder shall be in Broward County, Florida only. Customer signing this contract understands and agrees to be both corporately, and personally responsible for all the terms and conditions within his contract.
- In the event that any court of competent jurisdiction determines that any provision of this agreement is wholly or partly invalid, such determination shall not affect the binding effect of the other provisions of this agreement.
- This constitutes the entire Agreement between the Customer and Company and no representation or statement not contained in the Agreement shall be binding upon Company as a warranty or otherwise. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions or any order submitted by the Customer. Customer understands that any alarm can be defeated.
- Customer agrees and understands that Company may assign an authorized third party representative for the purpose of installation, maintenance or training at the Companies discretion.
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