HomeMy Public PortalAbout2007.04.27 Mountain Alarm Alarm System AgreementA division of Fire Protection Service Corporation �� l�C7'��
��' 3293 Harrison Blvd. • Ogden, Utah 84403 ,� ; f �! ,r 5
Thin f'ncLA1 L..� P.O. Box 12487.Ogden, Utah 844'12
WI®^ Ogden (801) 395-8700 • SLC (801) 594-8700 • Provo/Orem (801) 431-8700
WI l l Toll Free (888) 349-3455 • Fax (801) 399-0187
ALARM SYSTEM AGREEMENT
AGREEMENT between FIRE PROTECTION SERVICE CORPORATION, a Utah corporation doing business as Mountain Alarm (Contractor), and the following described customer
Telephone: a C - tom,
Service Name
and Address: Mr C r
Date
(Customer)
Billing Name
and Address: . I .1 -9 Y\{)r_ re-11(
{�'1r.ira I ! i
Systems and Services: Customer hereby requests Contractor to install and provide the following alarm system and / or services at the address specified (the Premises). The system
the terms and conditions of_thisAgreement for provided (the Services) are more fully described in the attached Schedule of Equipment and Service and Contractor agrees to do so on
_ to be installed (the.$$y_stem� and services to.be
g the charges -specified below: -
System Monitoring Service
❑' Fire Alarm '' p;Fire q.Central Station Reporting ❑ Web Access
0 Security Alarm ❑ Security ❑ Supervised Opening & Closing ❑ Maintenance
❑ Cell B/U ❑ Elevator ❑ Reports / ❑ Monthly ❑ Weekly ❑ Guard Response
IV/ rI
Payment for Installation: Customer agrees to pay Contractor a total of $ for installation of the System as follows:$ (A as a down
payment upon signing of this agreement; and the balance upon completion of installation.
Payment for Service: Customer agrees to pay Contractor $ rsi G� per month for on -going monitoring, maintenance, and / or inspections, payable monthly in
advance commencing on the date installation is completed and continuing for the first 24 months of this Agreement. In the case of a Customer -owned System, only where Customer
has elected to receive maintenance services, Customer agrees to pay an additional $trj ThI r rf per month for on -going maintenance (for the period after
warranty expiration), commencing 90 days after installation is completed and continuing for the next succeeding 21 months of this Agreement. Customer further agrees that at any time
following expiration of the first 24 months of this Agreement, Contractor may increase the on -going monthly charges specified above for the balance of the term and any renewal
thereof. Such increase may be made no more frequently than once during any 12 month period. Customer agrees to pay the full amount of such increase that.does not exceed a 15
increase over the previous 12 months' basic on -going charges. If Contractor increases the basic on -going charge by an amount greater than the 15 % herein agreed to, Customer may
terminate this Agreement upon written notice to Contractor within 15 days of notification � of such increase. j C 1
y
i t �01,1 '7SL 1 ILO 9� ) �
Term, Renewal, and Expiration. This Agreement shall remain in force for an initial term of 60•months from the date the System is installed and becomes operative, or the date of
execution of this Agreement, whichever is later. It shall be automatically renewed for consecutive terms of one year, unless one party gives written notice to the other at least 60•days-
prior to the end of the then current term of its intent to allow this Agreement to expire at the end of such term. .30 doy,,ttk)
ADDITIONAL TERMS AND CONDITIONS:
1. Limitation of Contractor's Liability. It is understood that Contractor is not an insurer; that insurance, if any, is to be obtained by Customer independent of Contractor and this
Agreement; and that the amounts payable to Contractor hereunder are based upon the value of the System and the Services and upon the scope of liability as herein set forth and are
unrelated to the value of Customer's property or the property of, others located at Customer's Premises. Contractor can give no assurance and makes no guarantee or warranty,
including any implied warranty of merchantability or fitness for a particular purpose, that the System or Services supplied will avert or prevent burglary, fire, or other occurrences,
or their related consequences, that the System Services are designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, that may proximately result
from failure on the,part of the Contractor to perform any of its obligations hereunder. Customer does not desire this Agreement to,providefor full liability of Contractor and agrees that;'
Contractor shall be ezemPt-fromliability for Toss; damage, or injury due directly to ocdurrerices, or their related consequences, that the System or Services are designed to detect; that if
Contractor should be found liable for loss, damage, or injury due to failure of service or equipment in any respect, its liability shall be limited to a sum equal to 10 % of the annual charge
for Services provided to the Premises 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 regardless of cause or origin, results indirectly to person or property from the performance or nonperformance of obligations imposed by
this Agreement or from negligence, active or otherwise, of Contractor, its agents or employees. No suit or action shall be brought against Contractor more than one year after the
accrual of the cause of action thereof. It is further agreed that the limitations of - liability expressed herein shall inure to the benefit of and apply to altshareholders, parents, and
subsidiaries of Contractor and all other companies or persons affiliated with Contractor hereunder by assignment. If this Agreement provides for a direct connection to a municipal
police or fire department or other organization, that department or other organization may invoke the provisions hereof against any claims by Customer due to any failure of such
department or organization.
IF CUSTOMER WISHES CONTRACTOR TO ASSUME A GREATER LIABILITY HEREUNDER THAN SPECIFIED ABOVE, CUSTOMER SHALL NOTIFY CONTRACTOR OF THAT
FACT AND CONTRACTOR SHALL AMEND THIS AGREEMENT BY ATTACHING A RIDER SETTING FORTH THE MAXIMUM AMOUNT OF ADDITIONAL LIABILITY ASSUMED AND
THE ADDITIONAL AMOUNT PAYABLE BY CUSTOMER FOR THE ASSUMPTION BY CONTRACTOR OF SUCH GREATER MAXIMUM AMOUNT OF LIABILITY. SUCH RIDER AND
ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED AS MAKING CONTRACTOR AN INSURER.
Since the parties agree that Customer retains the sole responsibility for,the life and safety of all persons in the protected Premises, and for protecting against losses to his own property
or the property of others in the protected Premises, Customer agrees to list Contractor as additional insured on all insurance policies in effect at the above Premises. If Customer does
not so list Contractor as an additional insured,. Customer shall ,indemnify and hold harmless Contractor, its employees and agents, from and against all claims, lawsuits, and losses;
including atforney's fees, by persons not a party to this Agreement, relating to the System or Services provided under this Agreement.
2. Limited Warranty. If Customer has purchased the System from Contractor, .Contractor warrants that the equipment of the System will be free from defects in material and
workmanship for a period of 90 days from the date the System is placed into operation. If, during the 90-day period, any equipment proves to be defective, it will be repaired or
replaced, at Contractor's sole option, free of charge. This warranty does not apply (a) to any defect caused by damage (other than damage resulting from a defect) that occurred while
the System was in possession of Customer, including damage resulting from accidents, acts of God, alteration, misuse, tampering, or abuse; (b) to defects resulting from Customer's
failure to follow operating instructions properly; (c) to adjustments necessitated by misalignment of cameras, improper adjustment of monitor brightness and contrast tuning controls or
insufficient light on an area viewed by a camera; and (d) to problems due to electrical power or telephone service outage. If Customer calls for service under this limited warranty and
upon inspection by Contractor's representative it is found that one or more of the conditions described in the clause (a) through (d) led to the inoperability or apparent inoperability of
the System, a charge will be made for the service call whether or not Contractor's representative actually works on the System. Should it be necessary to make actual repairs to the
System due to conditions or circumstances not covered by this limited warranty, a charge will be made for such repairs at Contractor's then applicable rates for labor and material.
Warranty service will be furnished by Contractor during its normal business hours, 8:00a.m. to 5:00 p.m. local time, Monday through Friday, holidays excluded.
THIS LIMITED EQUIPMENT WARRANTY DOES NOT APPLY TO ANY SECURITY SYSTEM OR EQUIPMENT LEASED BY CUSTOMER FROM CONTRACTOR.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
- - MERCHANTABILITY--OR-FITNESS FOR A -PARTICULAR PURPOSE. -CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING'
FROM ANY CAUSE WHATSOEVER, INCLUDING CONTRACTOR'S NEGLIGENCE, SHALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. CONTRACTOR SHALL IN NO
EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR
DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY CONTRACTOR,
NEGLIGENCE OF CONTRACTOR OR OTHERWISE.
Entire enreement This Anreement includinn the nmvisinns on the reverse side of this neon and attached Schedule of Fouinment and Service- constitute the entire enreement
4. Miscellaneous Charges and Increases in Charges. (a) Customer shall pay any federal, state, and local taxes, fees or charges which are imposed upon the equipment, the instal-
lation thereof or performance of the Services provided for herein, including any increase in charges to Contractor for facilities required for transmission of signals under this Agreement.
(b) At Contractor's option, a fee may be charged for any false alarm caused by Customer or for any unnecessary service run. If either Contractor or Customer is assessed
any fine or penalty by any municipality or fire or police protection district as a result of any false alarm, Customer shall pay the full amount of such fine or penalty.
(c) The monthly service charges for monitoring include telephone company line charges if required. Contractor may increase its monthly charge at any time to reflect any
increase in line charges for the Customer facility covered by this Agreement. Customer shall also pay any telephone company toll charges incurred in the operation of the System.
(d) Installation charges set forth herein assume installation will be performed during Contractor's normal working hours and using its own personnel. If Customer requests
this installation or any part thereof to be performed outside ordinary business hours, or if the installation must be performed by outside contractors because of Customer's requirements,
the installation charge is subject to adjustment.
(e) If any government agency requires any changes in the System originally installed, Customer agrees to pay for the cost of any such changes.
(f) The prices stated herein for the System and Services to be provided are based upon the number and type of components, type of security, and service specified in the
Schedule of Equipment and Service. Should Customer request or require additional equipment protection, security devices or services, the final contract price will be adjusted
accordingly.
(g) Amounts payable to Contractor hereunder that are past due shall accrue interest at a rate of 18% per annum, compounded monthly.
5. Further Obligations of Customer. (a) Customer, at its own expense, shall supply appropriate uninterruptable AC electric power, outlets for such power, located according to
Contractor's requirements, and telephone company interconnection jacks , if required.
(b) Customer shall not tamper with, alter, adjust, add to, disturb, injure, move, remove or otherwise interfere with equipment installed by Contractor, nor shall Customer
permit the same to be done by others. If any work is required to be performed by Contractor, by Customer's breach of the foregoing obligations, Customer will pay Contractor for such
work in accordance with Contractor's then current prevailing charges for labor and material.
(c) For those Premises where Contractor is to provide central station service, Customer shall furnish Contractor in writing a list of the names, title, residence addresses,
phone numbers, and signatures of all persons authorized to enter the Premises of Customer during scheduled closed periods and shall be -responsible for updating such list. In cases
of supervised service, Customer shall also furnish Contractor with an authorized daily and holiday opening and closing schedule.
(d) Customer shall carefully and properly set the alarm System each night or at such other times as Customer shall close its premises. Customer shall carefully and properly
test the alarm System prior to each closed period and shall immediately report to Contractor any claimed inadequacy in or failure of the System. Customer shall perform a daily walk
test of any motion detection equipment used on the Premises.
(e) Customer shall permit Contractor access to the premises for any reason arising out of or in connection with Contractor's rights or obligations under this Agreement.
(f) Should any part of the System be damaged by fire, water, lightening, acts of God, or any cause beyond the control of Contractor, any repairs or replacement shall be paid
for by Customer, ordinary wear and tear excepted.
(g) Any claim by Customer for improper installation or a defect in the System shall be made to the Contractor within 30 days after installation is completed.
(h) Customer represents and warrants that Customer is the owner of the Premises or, if not, that the owner thereof agrees and consents to the installation of the System on
the Premises. Customer shall indemnify and hold Contractor harmless from and against any losses or damages, including attorney fees, resulting from breach of such representation
and warranty, or from Contractor's inability to recover leased system components where Customer moves out of the Premises.
(i) For those Premises where Contractor is to provide central station sprinkler supervisory and waterflow alarm or automatic fire alarm service, Customer warrants and
agrees that all alarm valves, gate valves, tanks, pumps, compressors, inspector test connections, or other elements of the sprinkler system as now installed or to be installed, are, or
_ will be, corrected at Customer's expense so as to be acceptable to the insurance and other authorities having jurisdiction when equipped with Contractor's signalling devices. Customer
further agrees to furnish any necessary water through Customer's meter and at Customer's expense, to place hoods over any open forges or fires, and to pipe all boiler blow -offs and
steam exhaust outside the Premises to be protected.
(j) For those Premises where closed circuit television equipment is provided, Customer will provide adequate illumination under all operational conditions for the proper
operation of the closed circuit television camera and will provide any necessary AC power supply where required as well as shelf or desk space for monitors.
(k) Customer assumes full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and / or
transmitting equipment at Customer's Premises.
6. Further Obligations of Contractor; Limitations. (a) Contractor shall not be held responsible or liable for delay in installation of the System or interruption of Service, due to strikes,
lockouts, riots, floods, fires, lightning, acts of God, or any cause beyond the control of Contractor, including interruptions in telephone service. Contractor will not be required to supply
service to Customer while any such cause continues.
(b) For those Premises where monitoring service is provided, Contractor, upon receipt an alarm signal from Customer's Premises, shall make every reasonable effort to
transmit the alarm promptly to the police or fire department having jurisdictions (except that, to avoid false alarms, Contractor retains the right, in its sole judgment, to first investigate
the cause of such signal by either telephoning Customer or dispatching a representative to Customer's Premises to determine whether an emergency condition exists, warranting
transmission of the signal to the police or fire department). Contractor shall also make a reasonable effort to notify Customer's designated representative by telephone of every genuine
alarm received, unless instructed to do otherwise by Customer.
(c) In case of possible telephone line trouble detected by Contractor, Contractor shall contact the telephone company and request they determine the location of the trouble,
if_unknowrtto Contractor; When the trouble has been traced to a specific Customer, Contractor will make a reasonable effort to notify Customer or his designated representative. If any
service or repair to Customer's equipment becomes necessary, Contractor'shall, at -Customer's requet; dispatch a representative -to -Customer's premises for the -purpose of -making --
the necessary service or repair, which service or repair will be paid for by Customer at Contractor's standard rates unless covered by maintenance services provided by Contractor
hereunder. It is understood that the telephone company is not the agent of Contractor, and Contractor shall not be liable for the telephone company's negligent performance or delay in
performance.
(d) For those Premises where card access security is provided, Contractor assumes no responsibility or liability for lost or stolen access cards.
(e) For those Premises with a direct connection to the municipal police, fire department, or any other agency shown, it is mutually understood and agreed that signals
transmitted hereunder will be monitored in municipal police and / or fire departments or other locations, and that the personnel of such municipal police and / or fire departments or
other locations are not Contractor's agent, nor does Contractor assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals.
(f) For those Premises where maintenance services are provided, Contractor will bear the expense of all ordinary maintenance and repair of the System due to normal wear
and tear. The expense of all extraordinary maintenance and repair due to alterations in Customer Premises, alterations of the System made at the request of Customer made
necessary by changes in Customer's Premises, damage to the Premises or to the alarm system, or to any cause beyond the control of Contractor, shall be borne by Customer.
Customer agrees to furnish any necessary electric current through Customer's meter and at Customer's own expense with an outlet within 10 feet of the System control panel. It is,
mutually agreed that the work of installation and Contractor's periodic inspections, repairs and tests of the System shall be performed between the hours of 8:00 am. and 5:00 pm.,
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 and (4) PROM (Programmable Read Only Memory). Maintenance service will not apply to any condition to which the equipment warranty
specified in paragraph 2 does not apply. Contractor's obligation relates to the maintenance solely of the specific protection system owned by the Customer and described in this
Agreement. Contractor is in no way obligated to maintain, repair, service, replace, operate, or assure the operation of any device or devices of Customer of others not installed by
Contractor. If not contracted for before the expiration of the limited warranty provided in paragraph 2, Contractor will provide maintenance service only after inspecting the System and
making any necessary repairs or replacement to the System at a charge to the Customer for labor and / or material at Contractor's then prevailing rates.
7. Title to Equipment and Use of Leased Systems. Any equipment installed on Customer's premises that is leased from Contractor shall at all times remain solely the property of
Contractor, and Customer agrees not to permit the attachment thereto of any equipment not furnished by Contractor. It is further understood and agreed that Contractor may remove or
abandon said System, in whole or in part, upon termination of the lease by lapse of time, default of any monies due hereunder, or otherwise without any obligation to repair or
redecorate any portion of the protected premises. Such removal or abandonment shall not be held to constitute a waiver of the right of Contractor to collect any unpaid charges that
have accrued hereunder.
8. Termination. (a) Contractor may terminate this Agreement immediately upon written notice in the following circumstances: (i) if Customer defaults in the performance of any of the
terms and conditions of this Agreement, including the failure to make any payment as agreed herein, in which case the balance of the monies due for the unexpired term of this
Agreement shall become immediately due and payable; (ii) if Contractor's central station, the telephone line, wires, or Contractor's equipment at Customer's premises are destroyed or
so substantially damaged that is is commercially impractical to continue service to Customer's premises; (iii) if Customer fails to follow recommendations made by Contractor for repair
or replacement of defective parts of the System not covered under the limited warranty or maintenance service provided for therein, or if Customer's failure to follow operating
instructions -properly _results-in-an_undue_numberof false alarms, or_if the premses-in_which_the System is-installed_are-so modified mattered after installation_of_the system as to _
render continuation of service impractical; and (iv) as provided in paragraph 9 relating to assignment.
(b) Customer may terminate this Agreement, in the following circumstances; (1) immediately upon written notice, if Customer's Premises are, by any cause beyond the
control of Customer, destroyed or so substantially damaged that it is commercially impractical for Customer to continue any operations at such Premises; (ii) as provided on the front
page relating to expiration; or (iii) as provided on the front page relating to price increases.
(c) Should Customer default in the payment of his account, Customer shall be responsible for the payment of all fees, including reasonable attorney fees incurred by
01/05/2003 14:52 12083799654
MT ALARM BOISE
PAGE .02
40!6tialign_
ALARM SYSTEM AGREEMENT
Division of Fire Protection Service Corporation
3283 Harrison Blvd. • Ogden, Utah 04403
P.O. Box 12487.Ogden, Utah 84412
Ogden (BO1) 305-8700 a SLC (801) 594.8700 t Provo/Orem (801) 431-8700
WATTS (888) 349-3455 a FaX (8 1) 399-0187
Date I f-
Agreement No.
AGREEMENT Welton FIRE PROTECTION SERVICE CORPORATION, a Utah corporation doing business sit Mountain Alarm (Contractor), and tree following described auatomer
ICUMOMer
Name:
Bill!np
Address:
Telephone Number:
AdSedreasrvice 4 Ig Uoaf
�
Systems and Services: Customer hereby requests Contractor to metal and pmvaile the tollowtng alarm eyetem and ! or service! et the addresa specified (the Premieeel. The system
10 be instate* (the System) end eervloee to b► provided (tin Services) ire more Italy described in the attached Schedule of Equiprrrs.rtt and Sent*, and Contractor egret% to d0 so on
Lee tern% and conditions of thle Agreement 1Cf tM charges specified below;
�1Aontering O Monthly Fire Ahem Inspections
Moniiodng r Supervised Opening 8 Closing 0 Quarterly Fire Alarm Inspections
❑ MakrtsrunoO /y�y 0 Semi -Annual Fire alarm (nepoorione
Payment tor hrstietalon: Customer agrees to ply Contractor a total of $ 'LJ for installation 0f the Syelem as tallawa:S Aa 0 down
payment upon atoning of MIS agroonlmrt•, noddle belernce upon Completion of Metasatlen.
Payment for Service: Quatontar naivete pay Contractor $ ear manlh for on -going monitoring, maintenance and I or Inapacti0ns, payable monthly in
advance commencing on the date )nmalatlar(le completed and onndnuing fat the Brst 24 writhe of dr!s Agreement. In the oeaa of a CustOMM•Owmd System. ratty where Customer
has *!acted to receive maintsnNtoe aerviea,tCuddn *r apneas to pay an ldati0rlal $ Der month for canons maintenance (for the pedpa otter
warranty explosion), commencing 50 days affix fndaarlion it compared and 00n:sRUing far the next auc0aed!ng 21 months of thin Agreement Customer further &greet mat at any time
rolowing expiration of Ma ffret 24 monMa of l(tla Agreement, Contractor may (merino the on -poling monthly chargea epeo!aea above tor the balance M rite term and any renewal
thereof. Such increase may be made no more frequently than Mae (Wring any 12 month period. Customer agrees to pay the lull amount of each Increase chat does not e00eea a 16%
kxrsase over the prolamin 12 meth& basto en•gdng Marge'. If Ceniraatrs Increases the baste on -going charge by an amount greater than the 15% harem agreed to. Customer may
larrrdr:eta thin Agreement WOW( wmmn notioafo Contractor within 15 days of notification of euctl Increase. sr,g.
TarM, Renewal, and Explratl0rt. This AgroWmem shag remain In lama ler an initial term of ts�twep%2fro� date Me System 10 matted and become operative, or the date of
execution of the Agreement. whichever it Wet i1 shell be automateally renewed for COn0Ocudve terms of me year. anises one party gives written notice to Ma other at least 60 oils
prior to the end of the Men current term of e$ lntaat to allow this Agreement to expire at the ono ol auch term.
ACf#T10NAL TERMS AND CONDm0N8: •
1. Limitation o/ Contractor. Liability. It is understood that Connector le not an insurer; that insurance, a any, is to 60 °Drained by Customer Independent of Contractor and this
Agreement; and mat the amounts payablete.Comtaotor hereunder are Dated upon the value of the System and the Services and upon the scope of liabiity as herein set torn and are
unrelated to the value 01 Customer's property or Ma property of others located at Customer's Promisee. Contractor can give n0 efurance and makes no guarantee or warrtnly,
Including any implied warranty cI merchantatiiity or inn as ICI a particular purpcea. that the System or Services supplied will avert Or prevent burglary, fire, a other occurranaea, or
Moo related eoneeguerxres, Mal the System Bervtua are deafgned to detoat. 11 Is impractical and extremely Statue to fix the actual damages. If any, that may proximately result from
failure on ore pan of the Contractor to precast my of le obligations hereunder. Customer dose not desire this Agreement to provide for lull Ilabahy of Contractor and agrees that
Contractor shall be aeempl from lability far Vats. damage, or Injury due [firmly to Occurrences, or their related coneequoncea, that the System or Services are designed as doled; that ,t
Contractor should be curd liable for loss, damage, or Injury due to nature of 'tansies or equipment in any retool, at Iibblllty *hat! be limited t0 a sum equal to 10% of the annual charge
lot Services provided t0 the Piemlees or 525)).00 (whichever is greeter) se the agreed upon damages and not as a'riralty, as the exclusive remedy; and that the prcwlslona or tree
paragraph shell Mety d Ices, damage. or Injtay regardless of cause Or origin, resins Initrectly to person or properly il0m Ma performance of nonpprotmanoo of obligation imposed by
this Agreement Or from neglgenoa, active orelNwlse, of Contractor, as agent, or employees. No suit or action shell be brought against ConIrtiOlOr mare roan one year alter the
accrual of the Cause 01 action thereof. It is fetcher agreed that the IlmMatlone of lability ".Sprouted herein email 'mute tc Ire benefit of and apply to all eharenotdate, carents. and
aubaidiariea of Contractor and all other t orreem as or perucrre affiliated with Contractor hereunder by assignment. If this Agreement provides fora Meet oannection to a municipal
police or are deperhrtent or Omer organisation, that department or other organzaden may invoke the provision hereof against any Claims by Customer due 10 any failure of such
department or orgenazation.
IF CUSTOMER WISHER CONTRACTOR TO ASSUME A GREATER LIABILITY HEREUNDER THAN SPECIFIED ABOVE, CUSTOMER SHALL NOTIFY CONTRACTOR OF THAT
FACT AND CONTRACTOR SHALL AMENDTHI$ AGREEMENT BY ATTACHING A RIDER SETTING FORTH THE MAXIMUM AMOUNT OF ADDITIONAL LIABILITY ASSUMED AND
THE ADDITIONAL AMOUNT PAYABLE BY CUSTOMER FOR THE ASSUMPTION BY CONTRACTOR OF SUCH GREATER MAXIMUM AMOJNT OF LIABILITY. e'UCH RIDER ANC
ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED AS MAKING CONTRACTOR AN INSURER.
Since the parties agree that Cualornar retains the Wale responsibility for Mo !de and eatery of as persona in the prnteataa Promisee, end for prcteeeng against tooeoe to his own property
or the property at titters in the protected Premises. Customer agrees to Hat Contractor as eddltlonal Insured on all inourenn:a p0llclee In effect at tn* agave Premises. If Cestomer dose
not SO let Contractor as an additional In8Oretl, Customer area Indemnify and acid hermit's Contractor, tie employees and agerrta, from end against all claims, lawsuits. and losses.
including adomey's Mae. by persons not a pan o tide Agreement, relating to the System or Strums provl000 under thie Agreement.
2. Limited Warranty, II Customer has purQtased MO System from Contractor, Contredor Warrants than the equipment of the System will be free from deface in material ant
workmanship for a period of 00 days from the data the System Is placed trio operation. If during the B0•day period, any equipment proves la be detective, it will be repaired or
replaced, et Contractor's sole option, free af;eharge. This warranty dose riot apply (a) to any daiect caused by damage (other then damage resulting from a detect) that occurred while
the System was In poeseeaian of CusornerAnoluaing damage resulting tram accidents, acts of God, Mardian, misuse, tampering, or abuse: (b) to defects resuamg from Cr atomter'■
failure to loler, operating Inauuctione propody: (o) to sdJuetmenln necessitated by misalignment ol cameras. Improper adtuntment of monitor bngninuss and contra"( tuning controls cr
Insufficient light an an area viewed by a camels; And (d) to problerre due to electrical power or telephone service outage, If Customer cage for service under this limited warranty and
upon Inspection by Contractor's repreaenWNs b le found that one Or more of the conditions decanted in the clause (a) through (d) led to the Inoperability or apparent inoperability of
the Syelam, a charge will be made for the eervloa call whether or Apt Conlramars representative actually works on the System. Should it be MIOOSSEtry to mane actual repairs to tr,e
S)slem due to 0onditlone or circumstances not wowed by this limited warranty, a charge wig be made for such repairs al Contractors than applicable rates tor labor and Malarial.
Warranty service will he furnished by Coedit:lot during Its normal business hours, 8:O0a.m. to 5:00 p.m. local llme, Monday through Friday, holidays excludec,
THIS LIMITED EQUIPMENT WARRANTY ODES NOT APPLY TO ANY SECURITY SYSTEM DR ECUiPMENT LEASED BY CUSTOMER FROM CONTRACTOR.
THE FOREGOING WARRANT( IS IN LIEN OF ALL OTHER WARRANTIES, EXPRESS Ole IMPLIED, INCLUDING, et1T NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSS!$ OR DAMAGES RESULTING
FROM ANY CAUSE WHATSOEVER, INCLUDING CONTRACTOR'S NEGLIGENCE. SHALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. CONTRACTOR SHALL IN NO
EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR
DAMAGES TO PROPERTY, HOWEVER OCCASIONED. WHF.THERALLEGEDAS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY CONTRACTOR,
NEGLIGENCE OF CONTRACTOR OR OTHERWISE.
1. Entire Agfeer ere- This Agreement. India/Mg the pmvlalons On the reverse aide of this page send enacted Bcneduie of Equipment and 6ervlm, rgntnute the entire agreement
between the pantile, and supersede' and replaces all other Met understandings or &premiere, whenter eras or written, relating to the Premleee Covered oy thle Agreement. In
czartang this Agreement, Customer b not mdyirtg an any advke or advertisement of Conin:0a. Customer agrees that any roprssemabon, promite, Oand!Gort. Indorsement or warranty.
capes or knotted, not Included In writing in this Agreement shall not be binding upon either parry, and Mat ire terms and c0lWnons hereof apply es penned wltrtout attercton or
quelalallon. except as specificagy moalAadin writing, signed by ■ duly autrtcrized representative Contractor. The terser and canndleoha dials Agreement shall govern notwdhaianding
any inconsistent or additional terms and cOnditkaa Of any purrhes0 order or other document auDmated by Customer. This Agreement Melt not become binding On Contractor unless
and until approved by a duly authorized repptanfalvs of contractor ee Prtrvtfed Man.
Customer hereby acknowtetlgea that he has read and understands the enure Agreement, including the tonal lame and eo I' oyjfe Deck of 1pfe page.
rule PROTECT wawaea•e mpla . al>fft
Written by
Approved and exerglef by Fps Se Canporanon
Dam P/6—/) a
System
O Loch Alarm only
O Cannel station RSpening
O Municipal Reporting
TM*
Dale
NOT BINDMM ON CONTRACTINt WITHOUT APPROVAL UTA DULY -AUTHORIZED REPRESENTATIVE OF FIRE PROTECTION SERVICE CORPORATION,
01/05/2003 14:52
12083789654
4
i
f
MT ALARM EOISE
INFORMATION SHEET
(Complete items 1-9)
PAGE 03
ACC: 6;111STOMER NAME
ADDRESS s' BONE
ZIP
EMERGENCY 11ONTACTS (Rmponsible Party):
PHONE,/
PHONE#
PHONE#
SPECIAL INSTRUCTIONS:
s
t.
,Verify W/Reapindble Parties prior to calling the Police. If yes, check & E
f No, Police will be dispatched which may result in a false alarm fee. Cheek
with local Pouch Department for Alarm Ordinance.*
ASSWORD
Ps Not Write Btinr This L#pe (To ph Committed by Mountain-
WNE# OESCRIPTION ZONE# DESCRIPTION
1r
OPEN/CLOSE SIGNALS: YES NO
TEST REPORT& DAILY WEEKLY MONTHLY _
PANEL T°YPRIVMAT:
FIRE PROTECTION SERVICE
MOUNTAIN ALARM
RECEIVED MAY 1 4 2007
Dear Valued Customer,
We are sending you a copy of the Alarm System Agreement you have with our
company that has been signed and approved by our company president. You
may keep this copy of the agreement for your records.
If there is anything we can help you with, please don't hesitate to call us. We
appreciate the trust you place in our company and will strive to serve you in a
professional and caring manner.
Sincerely,
Diane Cragun
Customer Service Manager
Division of Fire Protection Service Corporation
P.O. Box 12487 Ogden, Utah 84412-2487
3293 Harrison Boulevard Ogden, Utah 84403
Ogden (801) 395-8700 S LC (801) 594-8700 WATS (888) 349-3455 FAX (801) 399-0187