Reso 2009-1423 - Laserfiche WebLink

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- . . 'i--.---------.. -.....--.--..---- . TOWN NO. USTOMER NO JOB NO. PO NO. ESTIMATE 1/ 0149-MIAMI, FL 114950876 1-77LS8H Mrr Always T/18ro" ADT Security Services, Inc. TERMS AND CONDITIONS A. Central Station Signal. Receiving and No~atlon Sorvlce - shaU be provided by ADT K this Agreement Itcludes a charge for SelVice. hn alarm signal registers atADrs CMC, ADT shall endeavor 10 n.otify tha appropnate Polite or Fire Depar1rnent and the daslgnated represenlBtive 01 the Customer. K a burglar alarm signal or fire signal regislers at ADrs CMC, ADT at lis sole dlScnltion may endeavor to contact lt1e Custome~s premises by Ielephone to verify thatlhe alarm Is not false. Failirg to contact the Customer Pf'OIllltly or questionlrg the nature of the response receiVed upon such contact, ADT shall endeavor to notify the appropriate Police Department or Fire Departmenl If a supeIVisory signal or trouble signal registers atADrs CMC, ADT shall endeavor to notify promptly the designated representaUve of the Customer. W ALARM ~ERIFICATION SERVICE is beirg fumished, n is nMually understood and agreed that equipment is beirg installed which, as to cerlain locations In the premises, will require the activa~on of two sensing deVIces, or a second activation of a slrgle alarm sansor, or a continuous alann event from a single sensor, In order for an alarm signal to be transmitted. Customer shall assume full responsibility for the operation of any and ell bypass or switch uni1s provided for disconnectirg or reconnectirg lt1e alarm soundirg and/or transmittlrg aqUlpment at Custome~s premises. The Customer represenls thai any vaull to be protected by ADT hereunder by sound or vibration detector sys1ems has lt1e minimum construction characteristics prescn'bed by the Underwriters' Laboratories, Inc. The Customer agrees to test any ultrasonic, microwave, capacitance or olt1er electronic equipment designated prior to setting the alarm system for closed periods, accordilg to procedures prescribed by ADT, and 10 notify ADT promptly ff such equipment fails to respond to the tesllf Customer has requested a 5-day 'Familiarization Period' following completion of installation, and ff needed an extension period, for Customer to become familiar wfth the system operation, then durirg this Familiarization Period Customer agr811s that if any signal (including an alarm signal) of any nature registers at ADrs CMC, ADT shall not respond to any signals. endeavor to notify the authorities, Customer, or Custome~s designated representative, or undertake any other action with regard to any signal, whelt1er or not due to an actual emergency evenl Communication Facilities. (a) Authorization. ADT may make requesls for Information, service, or equipment In any respect on behaK of Customer to a telephone company, wireless carrler, or other entity providing communication faclli1ies or seIVices for transmission of signals (the 'TeieCo1 under this Agreemenl (b) Digital Communicator. ij a Digital Communicator is used to connect to ADT's CMC, Customer wiil provide a connection through a telephone jack to a telephone S8IVIce as may be required to operate tha ADT System, Equipment or to provide the SaIVice. Such connection will be electrically first bafore any other telephone or Customer equipment and wiil be located within 10 feet of the ADT alannlcontrol panel. ADT will provida such connection at Custome~s request and expense. (c) ADT'S RECEIPT OF ALARM SIGNALS, ELECTRONIC DATA, VOICE DATA OR IMAGES (COLLECTIVELY, "ALARM SIGNALS') FROM THE EQUIPMENT OR SYSTEM INSTALLED IN CUSTOMER'S PREMISES IS DEPENDENT UPON PROPER TRANSMISSION OF SUCH ALARM SIGNALS. ADT'S CMC CANNOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE SERVICE OR OTHER TRANSMISSiON MODE IS NOT OPERATING OR HAS BEENCUT,INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN ALARM SIGNAL OVER CUSTOMER'S COMMUNICATION FACilITIES OR TELEPHONE SERVICE FOR ANY REASON INCLUDING NElWORK OUTAGE OR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT OTHER POTENTIAL CAUSES OF SUCH A FAilURE OVER CERTAIN TELEPHONE SERVICES QNCLUDlNG BUT NOT LIMITED TO SOME TYPES OF OSlo ACSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE.TYPE SERVICE OR RADIO SERVICE, INCLUDING CEU.ULAR OR PRNATE RADIO, ETC., OR CUSTOMER'S OWN PROPRIETARY TELECOMMUNICATION NETWORK, INTRANET OR IP.PBX, OR OTHER PROPRIETARY TELECOMMUNICATION NETWORK, OR OTHER THIRD-PARTY EQUIPMENT OR VOICElDATA TRANSMISSKlN NElWORKS OR SYSTEMS OWNED, MAINTAINED OR SERVICED BY CUSTOMER OR THIRD PARTIES) I('NON.TRADITIONAL TELEPHONE SERVICE') INCLUDE BUT ARE NOT LIMITED TO: (1) LOSS OF NORMAL ELECTRIC POWER TO THE MONITORED PREMISES (THE BATTERY BACK.UP FOR ADT'S ALARM PANEL DOES NOT POWER CUSTOMER'S COMMUNICATiON FACILITIES OR TELEPHONE SERVICE); AND (2) ELECTRONICS FAilURES SUCH AS A MODEM MALFUNCTION. CUSTOMER UNDERSTANDS THAT ACT WilL ONLY REVIEW THE INITIAL COMPATIBilITY OF THE ALARM SYSTEM WITH CUSTOMER'S NON-TRADITIONAL TELEPHONE SERVICE AT THE TIME OF INITIAL INSTALLATION AND THAT CHANGES IN THE TELEPHONE SERVICE'S DATA FORMAT AFTER ADT'S INITIAL REVIEW OF COMPATIBilITY COULD MAKE THE TELEPHONE SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO ADT'S CMC. IF ADT DETERMINES IN ITS SOLE DISCRETiON THAT IT IS COMPATIBLE, ADT WIU. PERMIT CUSTOMER TO USE ITS NON-TRADITIONAL TELEPHONE SERVICE AS THE PRIMARY METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT ACT RECOMMENDS THAT CUSTOMER ALSO USE AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER'S ALARM SYSTEM TO ADT'S CMC REGARDLESS OF THE TYPE OF TELEPHONE SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF ADT DETERMINES IN ITS SOLE DISCRETiON THAT CUSTOMER'S NON-TRADITIONAL TELEPHONE SERVICE IS OR LATER BECOMES NON.cOMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER NON.TRADlTiONAL TELEPHONE SERVICE THAT IS NOT COMPATIBLE, THEN ACT REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO ACT AS THE PRIMARY METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO ADT'S CMC. ADT WILL NOT PROVIDE FIRE OR SMOKE AlARM MONITORING FOR CUSTOMER BY MEANS OTHER THAN A TRADITIONAL TELEPHONE LINE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES TRADITiONAL TELEPHONE SERVICE FOR ANY SUCH MONITORING AND THAT IT COMPLIES WITH NATIONAL FIRE ALARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO UNDERSTANDS THAT IF CUSTOMER'S AlARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT IF THE NON.TRADITIONAL TELEPHONE SERVICE LINE IS CUT OR INTERRUPTED, AND THAT ADT MAY NOT BE ABLE TO DOWNLOAD SYSTEM CHANGES OR PROVIDE CERTAIN AUXilIARY MONITORING SERVICES THROUGH A NON.TRADITIONAl TELEPHONE LINE OR SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY DECISION TO USE NON.TRADITIONAL TELEPHONE SERVICE AS THE METHOD FOR TRANSMITTING ALARM SIGNALS IS BASED ON CUSTOMER'S OWN INDEPENDENT BUSINESS JUDGMENT AND THAT ANY SUCH DECISION IS MADE WITHOUT ANY ASSISTANCE, INVOLVEMENT, INPUT, RECOMMENDATION, OR ENDORSEMENT ON THE PART OF ADT. CUSTOMER ASSUMES SOLE AND COMPLETE RESPONSIBILITY FOR ESTABLISHING AND MAINTAINING ACCESS TO AND USE OF THE NON.TRADITIONAl TELEPHONE SERVICE FOR CONNECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM SYSTEM MAY BE UNABLE TO SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER CONNECTION OR OTHERWISE. B, Warranty: If the transaction type is a 'Direct Sale', any part of the system, including the wiring, Installed under this Agreement which proves to be defective in material or workmanship within ninety (90) days of the date of completion of installation wiil be repaired or replaced at ADT's option with a new or functionally operative palt Labor and material required to repair or replaca such defective componenls will be free of charge for a period of ninety (90) days foIlowlrg the completion of the originallnstallalion. this Warranty does not apply to the 'Conditions Not Covered by Warranty" listed below (the 'Conditions1 and if Customer calls ADT for service under the Warranty and upo~ Inspection by ADrs representative ~ is found that one of these Conditions has led to the inoperabilty or apparent Inoperabllity of the system, a cI1arge will be made for the seIVlee call of ADrs reprasentative whether or not he actualiy works on the system. Should ~ actually be necessary to make repairs to the system due to one of the Conditions, a charge will be made for sucl1 war'< at ADrs then applicable rates for labor and material. SaIVice will be fumlshed by ADT durirg ADT's normal wlllking hours 01 8:00 A.M. to 4:30 P.M. Monday through Friday, except holidays. Conditions: (a) Damage or extra service time resuiling from accidenls, acts of God, lightning, strikes, rla1s, floods, terrorism, acts of War, alteration, misuse, tampering or abuse, adjustrnenls, repairs or maintenanca not done by ADT, or from parts, accessories, attachmenls or olt1er devices not fumished by ADT; (b) Custome~s improper operation per instructions; (c) Adjustrnen1s necessitated by Video camera misalignment, improper monilor brightness and contrast tuning dials, or Inadequate flQhUrg on viewing area; (d) Trouble due to interruption of commercial power to the phone service or use of Non-Traditional Teklphone Service; (e) Battery failure: (Q Devices designed to fail In protecting the System such as , but not limited to, fuse and circuit breakers; (g) System changes requested by Customer. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,lNClUDlNG BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICUlAR PURPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING ADT'S NEGLIGENCE, SHAU. BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. ADT 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, AND HOWEVER OCCASIONED, WHETHER AllEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY ACT OR NEGLIGENCE OF ADT OR OTHERWISE. C. Maintenance - If Customer has purchased maintenance seIVice on any 01 the Equipment ADT will, upon Customer's reques~ provide Ofllinary maln1enance and rapalr 01 the covered equilment due to normal wear and tear and bear the expense thereof. The expense of all extraordilary maintenance and repair due to alterations in the Custome~s premises, alterations of the system made at the request of 1ha Cuslomer, or made necessary by changes In the Custome~s premises, damage to the premises or to the alarm system, or to any cause beyond the con~oI 01 ADT, shall be bome by the Customer. The Customer agr811S to furnish any necessary elactric tlJrrant through lt1e Custome~s meter and at the Custome~s own expense wfth an outlet within 10 feet of lt1e ADT Control Panel. It is mutually agreed that the woril of Installation and ADT's repalr5 01 the systam shall be perfonned betw811n ADrs normal woriling hours of 8:00 A.M. to 4:30 P.M.. Monday through Friday, except holidays. EXCLUSIONS: Maintenanca on the following devices w1l1 be provided only on a time and malerial basis: (1) window foil, (2) security screens, (3) exterior moonted devices, (4) PROM (Programmabkl Read Only Memory), (5) Equipment subject to the Cond~lons Not Covered by Warranty fISted in Paragreph B. above, (6) compuler hardware, software, or compulllr networks. It is understood and agreed that ADT's obligation relates to the maintenance solely of the specifIC Equipment covered under the Maintenance SaIVice Contract, and thaI ADT is In no way obflQallld to maintain, repair, seIVice, replace, opera1e or assure the operation 01 any device or devices of the Customer or of others not Installed by ADT. If not contracted for betore the expiration oltha Warranty, ADT wi'J enter 1010 a Maintenanca SaIVlee Contract onty aner inspecting the systam and makirg any necessary repairs or replacamenls to the system at a charge to the Customer for labor and/or material at ADrs then prevallirg rates. INSPECTIONS - AOT wlli provide lt1e number of Inspections of the System only as specified in this Agreement and such Inspections shall be performed durirg ADrs normal wol1<lng hours of 8:00 A.M. to 4:30 P.M., Monday through Friday. except holidays and subject to 'EXCLUSIONS' set forth In Paragraph C, above for maintenanca. D. INVESTIGATOR RESPONSE SERVICE. If Customer has purchased InvesUga10r Response Service, such services shall be provided alXXlldilg to the level selected as follows: Levell. Ex1erior Investigation: Upon receipt of a burglar alann signal from the CustDme~s premises, ADT, in addition to notifying the Pollee Department as indicated above, will endeavor to notify the Custome~s designated representative and also endeavor to dispatch a representative to lt1e Custome~s premises. The representative will ma'<e an Investigation of the exterior of lt1e premises from his vehicle. At the conclusion of the representative's investigation, ADT will notify the Customers designated represenlative of lt1e results at the investlgalion. . TERMS AND CONDITIONS ARE CONTINUED ON THE NEXT PAGE Page 3 of 5