|
<br />RFI Initial _____________Subscriber Initial ___________________
<br />342.2 20220407 ISPA Ver2.0
<br />system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in
<br />all cases provide the protection for which it is installed. RFI expressly disclaims any implied warranties, including implied warranties of
<br />merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse,
<br />attempted or unauthorized repair service, modification, or improper installation by anyone other than RFI. Subscriber acknowledges that any affirmation
<br />of fact or promise made by RFI shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not
<br />relying on RFI's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend
<br />beyond those on the face of this agreement, and that RFI has offered additional and more sophisticated equipment for an additional charge which
<br />Subscriber has declined. Subscriber's exclusive remedy for RFI's breach of this agreement or negligence to any degree under this agreement is to
<br />require RFI to repair or replace, at RFI's option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to
<br />service contracted under paragraph 4(b) (ii) of this agreement. This Limited W arranty gives you specific legal rights and you may also have other rights
<br />which vary from state to state. If required by law, RFI will provide a Certificate of Workman's Compensation prior to starting work.
<br />
<br />GENERAL PROVISIONS
<br /> 11. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: RFI shall not be liable for any damage or loss sustained by Subscriber as a
<br />result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war,
<br />acts of God, public health emergency or other causes. The estimated date work is to be substantially completed is not a definite completion date and
<br />time is not of the essence. In the event the work is delayed through no fault of RFI, RFI shall have such additional time for performance as may be
<br />reasonably necessary under the circumstances. If installation is delayed for more than one year from date hereof by Subscriber or other contractors
<br />engaged by Subscriber and through no fault of RFI, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation.
<br />Subscriber assumes all risk of loss of material once delivered to the job site. Should RFI be required by existing or hereafter enacted law to perform any
<br />service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay RFI for such service or material. The
<br />pricing to be paid by Subscriber in this agreement is based on current pricing by RFI suppliers and vendors. In view of supply shortage and inflation
<br />Subscriber agrees to pay any increase for equipment or services to RFI by RFI’s suppliers and vendors in connection with equipment and services to be
<br />provided by RFI to Subscriber. RFI will notify Subscriber of any such increase, and Subscriber shall have the option of paying the increase or alternative
<br />equipment and services, if available, for the prices set forth in this agreement.
<br /> 12. TESTING OF SECURITY SYSTEM: The parties hereto agree that the security equipment, once installed, is in the exclusive possession and control of the
<br />Subscriber, and it is Subscriber's sole responsibility to test the operation of the security equipment and to notify RFI if any equipment is in need of repair. Service,
<br />if provided, is pursuant to paragraphs 4 and 6. RFI shall not be required to service the security equipment unless it has received notice from Subscriber, and upon
<br />such notice, RFI shall, during the warranty period service the equipment to the best of its ability exclusive of Saturday, Sunday and legal holidays, during the
<br />business hours of 7 a.m. and 5 p.m. or if service has been contracted under paragraph 4 of this agreement, services will be performed as prescribed under that
<br />agreement.
<br /> 13. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which
<br />shall remain in the same location as installed. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber's
<br />premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be
<br />made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no
<br />longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life, are not included in warranty
<br />or service under paragraph 4(b) (ii) and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall
<br />be attached to or connected with the security system as originally installed without RFI's written consent.
<br /> 14. ALTERATION OF PREMISES FOR INSTALLATION: RFI is authorized to make preparations such as drilling holes, driving nails, making attachments
<br />or doing any other thing necessary in RFI's sole discretion for the installation and service of the security system, and RFI shall not be responsible for
<br />any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the
<br />premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement.
<br /> 15. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC
<br />power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, Internet connection, high-speed broadband cable or DSL and IP Address,
<br />telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by RFI.
<br /> 16. LIEN LAW: RFI or any subcontractor engaged by RFI to perform the work or furnish material who is not paid may have a claim against purchaser or
<br />the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
<br /> 17. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to defend, advance expenses for litigation and arbitration,
<br />including investigation, legal and expert witness fees, indemnify and hold harmless RFI, its employees, agents and subcontractors, from and against all
<br />claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys' fees and losses, asserted against and alleged
<br />to be caused by RFI's performance, negligence or failure to perform any obligation under or in furtherance of this agreement or failure to detect, mitigate
<br />or respond to any communicable disease, infectious agent, bacteria or virus. Parties agree that there are no third-party beneficiaries of this agreement.
<br />Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against RFI or
<br />RFI's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without
<br />written consent of RFI, which shall not unreasonably be withheld. RFI shall have the right to assign this agreement to a company licensed to perform
<br />the services and shall be relieved of any obligations herein upon such assignment.
<br /> 18. EXCULPATORY CLAUSE: RFI and Subscriber agree that RFI is not an insurer and no insurance coverage is offered herein. The equipment, and RFI’s
<br />services are designed to detect and reduce certain risks of loss, though RFI does not guarantee that no loss or damage will occur. No equipment provided
<br />by RFI is represented to be medical grade, FDA approved, or intended for use by a healthcare professional or healthcare facility or to diagnose, treat,
<br />cure or prevent disease or medical condition unless explicitly stated in the EXHIBIT A: Schedule of Equipment and Services and no equipment or services
<br />are intended to diagnose, treat, cure, prevent, mitigate or minimize the likelihood of communicable disease, infectious agent, bacteria, virus or illness.
<br />RFI is not assuming liability, and, therefore, Subscriber agrees RFI, shall not be liable to Subscriber or any other third party, and Subscriber covenants
<br />not to sue RFI, for any loss, economic or non-economic, business loss or interruption, consequential damages, in contract or tort, data corruption or
<br />inability to retrieve data, personal injury, health condition, or property damage sustained by Subscriber or others as a result of equipment failure, human
<br />error, burglary, theft, hold-up, fire, smoke, water, any communicable disease, infectious agent, bacteria, virus, illness or any other cause whatsoever,
<br />regardless of whether or not such loss or damage was caused by or contributed to by RFI’s breach of contract, negligent performance to any degree in
<br />furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this
<br />agreement or any other legal duty, except for gross negligence and willful misconduct. RFI from any claims for contribution, indemnity or subrogation.
<br /> 19. INSURANCE / ALLOCATION OF RISK: Subscriber shall maintain a policy of Comprehensive General Liability and Property Insurance for liability,
<br />casualty, fire, theft, and property damage under which Subscriber is named as insured and RFI is named as additional insured, proof of which shall be
<br />provided to RFI, and which shall on a primary and non-contributing basis cover any loss or damage RFI's services are intended to detect to one hundred
<br />percent of the insurable value or potential risk. The parties intend that the Subscriber assume all potential risk and damage that may arise by reason of
<br />failure of the equipment, or RFI's services and that Subscriber will look to its own insurance carrier for any loss or assume the risk of loss. RFI shall not
<br />be responsible for any portion of any loss or damage which is recovered or recoverable by Subscriber from insurance covering such loss or damage or
<br />COEDR
|