This installation Agreement:(The “Agreement”) is made as of the date “Submited” by and between California Alarm & Automation (the “Company” )and the owner (the “Customer”) who owns the residence or business located at the address shown above (the “Monitored Location”).The Company
Purchase of the system:Customer hereby agrees to buy, and Company hereby agrees to sell the alarm system described in the Quote/Invoice and incorporated herein for all purposes by this reference (the “System”), in accordance with the terms and conditions hereinafter set forth the company will deliver all Equipment in good, useable condition.
Terms of service:This agreement is made by and between Avantguard Monitoring (the “Service”), the Company and the customer shown above on the effective date “Submited” above. The Service agrees to provide, or cause to be provided, the alarm monitoring services for the System installed at the Monitored Location.
THE SERVICE: Upon receipt of an alarm signal from the Monitored Location, the Service, is responsible only for attempting to notify, as appropriate to the type of signal, the Customer, persons submitted to the Service on Customer’s contact list, a guard service, and/or the appropriate responding agency. For burglary signals, the Service will attempt to verify that an emergency exists by calling the Customer’s primary contact number and then, if necessary, the person designated for enhanced verification on the Customer’s contact list. If a contacted person indicates that there is an emergency or if no contact is made with either person, the Service will attempt to contact the appropriate responding agency. For non-emergency signals like low battery and trouble, Service will only attempt to contact Customer between 7:00am and 10:00pm. Service and Customer must comply with local notification and response requirements, which may now or in the future include visual verification of an emergency condition prior to response. Customer agrees to pay any charge associated with this requirement.
DISCLAIMER OF WARRANTIES: NEITHER COMPANY, SERVICE, NOR ITS CONTRACTOR REPRESENTS OF WARRANTS THAT THE SYSTEM OF THE MONITORING SERVICES WILL PREVENT ANY LOSS BY BURGLARY, FIRE, ROBBERY OR OTHERWISE, OR WILL, IN ALL CASES, PROVIDE THE SPECIFIED NOTIFICATION SERVICE. Customer understands that there are no warranties which extend beyond the face of this Agreement and acknowledges that neither the Service, the Company nor its contractor has made any representation or warranty, express or implied, including without limitation, about the condition of the System or monitoring service, their merchantability, or their fitness for any particular purpose, other than those expressly contained in the Agreement. Customer understands and acknowledges that the System, Transmission System, or Company’s or its contractor’s equipment may not function properly; that the Company or its contractor may not respond properly to the receipt of an alarm signal; and that neither Company nor its contractor has control has control over the response time or capability of an agency or person notified. CUSTOMER ALSO UNDERSTANDS THAT IN THE EVENT THAT THE COMPANY IS DETERMINED TO BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY LOSS, DAMAGE, OR INJURY THAT THE CUSTOMER ASSUMES ALL RISK OF PERSONAL INJURY AND LOSS OR DAMAGE TO CUSTOMERS PREMISES OR CONTENTS THEREOF. 3. Some municipalities and counties require an alarm permit prior to dispatching emergency service personnel in response to alarms. Customer is solely responsible for obtaining this permit from the local police department or other city/county agency upon installation of the equipment.
LIMITATIONS OF LIABILITY: CUSTOMER UNDERSTANDS THAT COMPANY IS NOT AN INSURER OF THE SAFETY OF CUSTOMER OR PROPERTY. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER WILL OBTAIN, AT CUSTOMER’S SOLE COST AND EXPENSE, ANY INSURANCE COVERAGE CUSTOMER DESIRES TO HAVE TO INSURE AGAINST PERSONAL INJURY, PROPERTY LOSS OR DAMAGES AT THE PREMISES THAT EQUIPMENT IS LOCATED. COMPANY WILL NOT BE LIABLE FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO ANY FAILURE TO DETECT OR AVERT AN OCCURRENCE OF AN EVENT WHICH SERVICE IS DESIGNED TO DETECT OR AVERT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AS A RESULT OF THE FAILURE OF THE EQUIPMENT OR NEGLIGENCE OF COMPANY’S MONITORING SERVICE FACILITY, THE COMPANY’S AGENTS OR EMPLOYEES. THESE LIMITATIONS WILL APPLY TO ANY DAMAGES ARISING FROM ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT, TORT, (INCLUDING GROSS NEGLIGENCE) AND STRICT LIABILITY EVEN IF COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR POTENTIAL THEREFORE. CUSTOMER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM COMPANY’S NEGLIGENCE OR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS AGREEMENT, OR THE FAILURE OF THE EQUIPMENT TO PROPERLY OPERATE. NOTWITHSTANDING THE FOREGOING, SHOULD THERE ARISE ANY LIABILITY OF COMPANY, IRRESPECTIVE OF CAUSE OR ORIGIN, CUSTOMER AGREES THAT COMPANY’S LIABILITY TO CUSTOMER AND ALL OTHER PERSON’S IS LIMITED TO AN AMOUNT EQUAL TO THE CONTRACT PRICE OF THE EQUIPMENT PROVIDED BY COMPANY.