Terms of Service:
1. Title to the Property, and any additions, accessions and substitutions thereto, shall remain vested in Seller until agreements hereunder have been punctually performed by Purchaser and full payment of purchase price as required herein has been received, notwithstanding any retaking or redelivery to Purchaser or granting of extensions of payment hereunder. Any payments past due over 60 days will be subject to finance charges at 2% per month.
2. Purchaser shall not, without the written consent of Seller, in any manner: (1) assign, sell, mortgage, lease, loan or transfer this Contract or any interest therein or in Property covered hereby: or (2) suffer the Property to be encumbered or attached. The Property shall remain personal property irrespective of the manner of its attachment to the realty and the title thereto shall be and remain vested in Seller until the purchaser thereof has been fully paid in money and Purchaser has fully complied with all his obligations under this Contract.
3. In the event any installment under this contract is not fully paid as herein specified, or on Purchaser's failure to comply with the conditions hereof or, to the extent permitted by law, in the event of the insolvency as determined by court action or bankruptcy of Purchaser, at the election of the holder hereof, the entire amount unpaid hereunder shall become due and payable forthwith, together with attorney's fee not exceeding 20% of the first $500.00 and 10% on any excess of the amount due and payable under this Contract when referred to an attorney. The holder may collect a delinquency or collection charge for default in the payment of this Contract or any installment hereof, when such default shall have continued for a period of 10 days, such charge not to exceed 5% of each installment in default or the sum of $5.00, whichever is lesser. Purchaser agrees, on any said acceleration, to pay the full amount hereunder, or, on failure of said payment to deliver the Property to said holder, and holder may, without notice or demand performance or legal process, lawfully enter any premises where the Property may be found and take possession of it. After said repossession the Property may be sold as provided in the New Jersey Uniform Commercial Code (N.J.R.S.12A:9-101 et seq.). The proceeds of said sale shall be applied (1) to the payment of the expense thereof: (2) to the payment of the expense of the retaking, keeping and storing of the Property: and (3) the satisfaction of the balance due under this Contract. The sum, if any, remaining thereafter shall be distributed according to law. Any deficiency, after application of the proceeds of said sale as aforesaid, as determined by law, shall be paid by Purchaser to holder.
4. Seller shall not be responsible for any injury or damage arising through careless or improper use of Property. Purchaser will keep Property at all times fully insured against loss by fire and theft and other insurance requested by holder for its protection with any loss payable to Seller and Purchaser as their interests may appear. The loss injury or destruction of Property shall not release or abate obligation or Purchaser.
5. The Seller agrees to replace free of cost for a period of one (1) year from completion of installment, any part of the Security Installation and/or system made in the structure as specified in this Contract, which upon Seller's inspection proves to be defective. The Seller, however, is not responsible for equipment and/or installation which is rendered defective through negligence, abuse and/or mishandling.
6. This Contract is subject to contingencies of cause beyond the control of the Seller, including but not limited to legislation of any kind, acts, demands, orders regulations or requirements of any Government, federal, state or local, and is subject to any preference, priority, limitation, allocation order or regulation of any person or agency exercising governmental authority, and is also subject to Acts of God, fires, floods, strikes, labor difficulties, inability to secure transportation, unusual market conditions, acts of military authorities, war emergencies or National Defense activities. 7. The Seller agrees to install in accordance with its standard installation procedures and the equipment and locations are to be determined by the installation technician in charge of the job. 8. The Seller carries workman's compensation and public liability insurance applicable to the work performed under this contract.
9. Local Building Permit fees if any shall be the responsibility of the Purchaser. Accurate Alarm Systems Corp. shall provide any license information required.
10. It is expressly agreed that no oral, statutory, expressed or implied warranties other than that of the title shall apply to the Security System or any parts thereof; and in no event shall the Seller be held liable for consequential or special damages.
11. This contract shall be binding on the part of the Purchaser, and Seller shall have the right to retain any moneys received from the Purchaser unless written notification of cancellation by certified mail is received by Seller, which is postmarked no later than (2) two days of date of Contract.
12. This Contract constitutes the entire and inclusive agreement between Purchaser and Seller with respect to Property, and no modification, alteration, representation or promise shall be binding upon Seller, unless in writing and signed by the parties hereto.
13. The provisions hereof shall be binding upon and shall ensure to the benefit of the parties hereto, their executors, administrators, successors and assigns.
14. Purchaser hereby authorizes and empowers irrevocably Seller, its agents or assigns, to install the Equipment in said premises, and to make inspections, tests, and repairs, and further to make any alterations requested by Purchaser, after the installation, at the cost of Purchaser. Seller is hereby authorized to make any preparations such as drilling holes, driving nails, making attachments or doing any other thing or things necessary or appurtenant to the installation of the Equipment. Purchaser agrees to indemnify and hold Seller blameless against any claims or demands by the present or any future owner of the premises on which is installed the Equipment herein contracted for, arising out of the installation, operation and/or maintenance of said Equipment in accordance with the terms of the Agreement.
15. It is agreed that Seller is not an insurer and that the payments herein before named are based solely upon the value of the Equipment and services herein described and it is not the intention of the parties that Seller assume responsibility for any loss occasioned by malfeasance or misfeasance in the performance of the services under this Agreement, or for any loss or damage sustained through burglary, theft, robbery, fire, or other causes, or any liability on the part of Seller by virtue of this Agreement or because of the relation hereby established. If there shall, notwithstanding the above provisions, at any time be or arise any liability on the part of Seller by virtue of this Agreement or because of the relation hereby established, whether due to the negligence of Seller or otherwise, such liability is and shall be limited to a sum equal in amount to twenty-five percent (25%) of the installation charge hereunder, which sum shall be paid and received as liquidated damages, Such liability as herein set forth is fixed as liquidated damages and not as a penalty and this liability shall be complete and exclusive. In the event the Purchaser desires Seller to assume greater liability for the performance of its services hereunder, a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scale of rates proportioned to the responsibility, and an additional rider shall be attached to this Agreement setting forth the additional liability of Seller and additional charge. The rider and additional obligation shall in no way be interpreted to hold Seller as an insurer.
16. ACCURATE ALARM SYSTEMS (burglary) are designed to warn Purchaser when protected accesses are not properly closed. Should a service call result from a failure of Purchaser to properly close a protected access, Purchaser acknowledges that he/she will pay Seller's standard service charge.
17. Seller shall have the right to assign this Agreement to any other person, firm or corporation without notice to Purchaser and shall have further right to subcontract any services which it may perform. 18. The failure of Seller to insist upon a strict performance of any of the terms, conditions or covenants herein shall not be deemed a waiver of any rights or remedies that Seller may have. 19. Purchaser and/or its agents represents and covenants that he has full authority to enter into this Agreement and hereby guarantees all payments covered by this Agreement. 20. This Agreement is subject to the acceptance of one of the Officers of ACCURATE ALARM SYSTEMS, CORP.
21. In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against Company for any reason relating to Company's duties and obligations pursuant to this Agreement, including but not limited to the design, installation, maintenance, operation, or non operation of the alarm system, Subscriber agrees to indemnify, defend and hold Company harmless from any and all claims and law suits, including the payment of all damages, expenses, cost, and attorneys whether these claims are based upon active or passive negligence, or strict or product liability on the part of the Company, its agents, servants or employees. This Agreement by Subscriber to indemnify Company against third party claims as herein above set forth shall not apply to losses, damages, expenses and liability resulting in injury or death to third persons or injury to property of third persons, which losses, damages, expenses, and liability occur while an employee of Company is on Subscriber's premises and which damages and liability are solely and directly caused by the acts of said employee.
22. Purchaser understands that the proprietary control panel master security program code and any keypad configuration codes are confidential and for security reasons remain the private property of the seller. Purchaser further agrees that the seller is not obligated to disclose any information required to allow access the system program.
23. Purchaser agrees to use ACCURATE ALARM SYSTEMS, CORP. central station monitoring for a period of 3 years. The 3 year term will automatically renew unless a notice to cancel is given more than 30 days prior to the renewal.