maintain such equipment/system in good working order.
'3. The following “Conditions” are not covered by Warranty: (a) damage or extra service time needed resulting from accidents, acts of God, lightning, strikes, riots, floods, terrorism, acts of
; War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not performed by Tyco, or from parts, equipment, accessories, attachments or other devices not furnished
i by Tyco; (b) Customer's failure to properly follow operating instructions provided by Tyco or OEM; (c) adjustments necessitated by misalignment of video cameras, improper adjustment of
| monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s); (d) trouble due to interruption of Internet, telecommunications, and/or electrical service;
i fe) battery failure; (f) devices designed to fail in protecting the equipment/system, such as, but not limited to, fuses and circuit breakers: and (9) System modifications/customization
aquested by Customer. If Customer calls Tyco for Warranty Service and Tyco’s representative finds that one of the “Conditions” has led to the inoperability or apparent inoperability of the
: Equipment/System or any component, Tyco may bill Customer for the service call whether or not Tyco actually works on the Equipment/System. If iepairs are required due to one of the
above "Conditions", Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates for fabor and materials.
ae
|4. 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. THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
; RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TYCO WILL 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 TYCO OR NEGLIGENCE OF TYCO OR
i
OTHERWISE.
} 7 ”
:C. System Requirements, Miscellaneous. 1. Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction
_ characteristics prescribed by the Underwriters’ Laboratories, inc. 2. System Testing. Customer must test all detection devices or other electronic equipment according to procedures
| prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to respond to any suc!
UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD (EXCEPT WHERE A FAMILIARIZATION PERIOD IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a)
| DURING A FIVE (6) DAY FAMILIARIZATION PERIOD, OR SUCH PERICD AS IS REQUIRED BY LAW, AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE
; COMMUNICATIONS CONNECTION TO TYCO’S GMC (AND DURING ANY APPLICABLE EXTENSIONS), TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY
| ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER'S PREMISES DURING SUCH FAMILIARIZATION PERIOD, CUSTOMER ALSO AGREES THAT DURING SUCH
| PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMER'S EMERGENCY CONTACT LIST, OR TAKE
: ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4. Special Equipment Requirements. If
; Customer requires installation or service of equipment in areas inaccessible without the use of lifts or cranes, or if non-standard conditions at the Ci
i for installation or service, Customer will provide such equipment, or will reimburse Tyco for any applicable charges or fees. 5, Training Services. Tyco provides initial training to Customer
| on use of the equipment installed at the time of installation, Thereafter, Customer may purchase additional training in one-hour increments at Tyco
| Intrusion and Resioration. Unless otherwise noted herein, Customer is responsible for providing: (a) any necessary electric current, (b) an outlet within 10 feet of an alarm control panel, (c)
i telephone connections, (d) network drops, and (e) any required conduit, wiremold, or other raceway, (f} any required IP address assignments, and
| The installation of the equipment/system may necessarily require cutting, bolting or fastening into Customer's floors, walls and/or ceilings. Tyco shall not be responsible for any expenses
i related to intrusion, mold, fungi, bacteria, wet/dry rot, patching, floor or wall finishing, or paint, tle, carpet or wallpaper matching, restoration or replacement resulting from installation or
| Service of the equipmentsystem. 7. Battery Powered Devices. Customer understands that any battery-powered motion detectors, smoke detectors, door and window contact transmitters
, and other detection sensors installed/serviced under this Agreement require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE
| ALARM WILL NOT SOUND, IF THE BATTERY ENERGY LEVEL OR CHARGE IS LOW, OR DEPLETED. It is Customer's sole responsibility to maintain and replace any batteries.
| Customer shall carefully read and follow the owner's manual, instructions and warnings for all such equipment and regularly inspect the sensors for dirt and dust buildup and test the
_ sensors weekly to help maintain continued operation.
htest. 3. Familiarization Period.
ustomer site require special equipment
’s then current rate. 6. Site Preparation,
(g) additional network software licensing.
7 Closed Circuit Television ("CCTV") Video Equipment. Intentionally left blank ~ no CCTWVideo Equipment has been purchased.
8. New York City Fire System. Intentionally left blank — covered system is not installed in NYC
>, Electronic Media; Personal Information; Consent to Call, Text or Email. 4.Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an
, electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from
binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customer's assent to the terms and
i has signed this Agreement or has demonstrated its intent to be bound whether by electronic signature or otherwise. 2. Personal Information. Custo
; Customer has obtained all consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder conceming individuals/employees/or other third parties including
| all information contained in Customer's Emergency Call List (“ECL”); (b) permit Tyco to collect (including consent to record telephone conversations with Tyco), use, disclose and transfer
| such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement be
| not limited to, contacting Customer personnel at the telephone numbers and/or email addresses provided: (i) using SMS, text, prerecorded messages, or automated calling devices to
: deliver messages to set/confirm a service/installation appointment, and/or (ii) to provide information or offers about products and services of interest to Customer. Customer acknowledges
/and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and isitheir successor corporations or any subcontractor or assignee, within and outside the
| country in which the Customer is located and thereby subject such information to the laws of such countries.
such an electronic format will be legally
conditions of this Agreement, if Customer
mer represents and warrants that
tween Customer and Tyco, including, but
E, Limitation of Liability, Indemnification (Sale of Access/Video Equipment and installation Only). Notwithstanding anything to the contrary in this Agreement or any purchasing document
| presented by Customer, only Video and/or Access Equipment and Services shall be provided by Tyco under the terms and conditions of this Agree
_ provided by Tyco under this Agreement will not include: (a) burglar and/or fire detection or alarm equipment or monitoring, maintenance, inspection or other services; (b) security guard
| Services: or (c) architectural, engineering, or design professional services. If any other equipment or services are requested by or provided to Customer, then such equipment and/or
Services shall be provided under a separate written agreement executed by Customer and Tyco which shall contain the alarm industry specific terms and conditions found on
| www.lycois.com/standardtandc.
ment. The Equipment and Services
1 Indemnity. (a) Tyco shall defend, indemnify and hold Customer, its corporate affiliates, and their respective officers, directors, agents and employ
| expense resulting from the negligent acts or willful misconduct of Tyco’s agents and employees committed while performing Services on Customer’
; direct cause of the loss, damage or injury to third parties or Customer's properly (e.g., equipment dislodging and stiking a third party due to improper installation), as opposed to being
| caused by an occurence or the consequences therefrom that the Equipment or Services were intended to deter, detect or avert. (b) Customer shall defend, indemnify and hold Tyco, its
| affiliates, and their respective officers, directors, agents and employees, harmless from damage, liability and expense to the extent that any such lo:
| acts oF willful misconduct of Tyco’s agents and/or employees, or arises out of any claim related to invasion of privacy, infliction of emotional distress, harassment, violation of
| eavesdropping/wiretapping faws or similar claims arising out of Customer's use of the Equipment and/or Services.
ees harmless from damage, liability and
Ss premises, to the extent that they are the
8s {snot directly caused by the negligent
2. Limitations on Liability. if Customer uses the Equipment and/or Services to aid in monitoring or controlling the location or activities of persons an
_ Customer acknowledges that the Equipment and/or Services are not intended to be the sole means for doing so. Tyco’s Equipment and Services do not cause and cannot eliminate
| occurrences of the events they are intended to deter, detect, avert or record. Tyco is not an insurer of the safety or security of any person, entity or
| a person's presence in, or ingress fo or egress from any building, property or area that may be monitored by the Equipment and/or Services. The amounts Tyco charges Customer are not
| insurance premiums. Such charges are based upon the value of the Equipment and Services provided and are unrelated to any such risk of loss. Tyco does not undertake and assumes
ino liability for such risk by providing the Equipment and/or Services. If Tyco is nevertheless found liable under any legal theory for loss, damage or injury caused directly or indirectly by
| occurrences or the consequences thereftom which the Equipment and/or Services are intended to deter, detect, avert or record, Tyco’s liability shall be limited to the sums paid by
| Customer for the Equipment or Services atissue as Customers sole remedy. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible
for maintaining adequate back-ups.
or about its property and premises,
property, or against the risks attendant to
*. Other Charges; Remedies; Termination. 1. There may be a service charge to Customer for cancelied installation/service appointments if Customer cancels fess than 24-hours prior to
: dispatch, or if Tyco’s representative is sent to the Customer's premises in response to a service cal] for false alarm or System malfunction caused by Customer's operation contrary to
- instructions, failure to close or properly secure a window, door or other protected point, or improper adjustment of monitors or accessory componen
: Shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on
: pay all costs, expenses and fees of Tyco's enforcement of this Agreement, including collection expenses, court costs, and attomeys’ fees. Installation Charge(s) are based on Tyco
Performing the installation with its own personnel. if for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.In addition to
ts. 2.Failure to pay amounts when due
delinquent amounts. Customer agrees to
9-Form 8880UE01 (09/2015)
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