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.. TOWN NO. CUSTOMER NO. JOB NO. PO NO. ESTIMATE # 0149-MIAMI. FL 114950876 03 1-781S3V ADT Always 7l>anr ADT Security Services. Inc. TERMS AND CONDITIONS A. Central Station Signal Receiving and Notification Service. shall be provided by ADT ij this Agreerrent includes a cha'lle for Service. if an alarm signal registelS at ADT's CMC. ADT shall endeavor to notify the appropriate Police or Fire Department and the desil)nated representative of the Cus1omer. If a bUllllar alarm signal or fire signal registelS at ADT's CMC. ADT at its sole discretion may endeavor to contact the Custom81's premises by telephone to venfy that the alarm is not false. Failing to contact the Customer proflllUy 01 Questioning the nature of the response received upon such conlact. ADT shall endeavor to notify the approptiate Police Departmeot or Fire Department If a supervisory signal or trouble signal registers atADT's CMC. ADT shall eodeavor to nolify promptly the designated representative of the Customer. K.ALARM VERIFICATION SERVICE is being furnished. tt Is mutually understood and agreed that equlpmenlls being Instaled which. as to certain locations in the premises. will reqUire the activation of two sensing devices. or a second activation of a single alarm sensor. or a continuous alarm eveot from a single sensor. in order for an alarm signal to be transmitted. Customer shall assume full responsibiflty for the operaoon of any and all bypass or switch units provided for disconnecting 01 reconnecting the alarm sounding and/or transmitting eqUlpmeot at Cusloma(s premises. The Customer represents that any vault to be protected by ADT hereunder by sound or vibration detector systems has the millmum coostructlon characteristics prescr1bed by the Underwr1ters' LabOl3torles. Inc. The Customer agrees to test any ultrasonic, microwave, capacitance or other electronic equipment designated pr10r to setiing the alarm system for closed periods. according to procedures prescribed by ADT. and to notify ADT promptly if such equipment fails to respond to the test If Customer has requested a 5-<1ay 'Famiflarization Pancd' followi1g completion of installation, and W needed an extension period. for Customer to become familiar with the system operation. then during this Familiarization Perm Customer agrees that W any signal (Including an alarm signal) of any nature registelS at ADT's CMC. ADT shall not respond to any signals. endeavor to notify the authorities. Customer. or Custome(s deslgnaled representative. 01 undertake any other action with regard to any signal. whether or not due to an actual emergency event Communication Facilities. <a) Authorization. ADT may make requests for Information. service, 01 equipment In any respect on behall 01 Cuslomer to a telephone company, wireless carrier, or other entity p/Ovlding commmication facilities or services for transmission of signals (the 'TeIeCo') under this Agreement (b) Digital Communicator. If a Digital Communicator Is used to connect to ADT's CMC, Cus100ler will provide a connection through a telephone jack to a telephone service as may be required to operate the ADT System, Equipment or to provide the Service. Such oonnecllon will be elecbically filSt before any other telephone or Customer equipment, and will be located within 10 feet of the ADT alarm'control panel. ADT will provide such coonec1lon at Custome~s requesl 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 CMt CANNOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE SERVICE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT,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 NETWDRK DUTAGE OR OTHER NETWDRK 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 (INCLUDING BUT NOT LIMITED TO SOME TYPES OF DSL, ADSL, VOIP, DIGITAl PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE.TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE 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 TRANSMISSION NETWORKS OR SYSTEMS OWNED, MAINTAINEO OR SERVICED BY CUSTOMER OR THIRD PARTIES) I'"NON-TRADITIONAL TELEPHONE SERVICE") INCLUDE BUT ARE NOT L1MITEO 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 ADT 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 COMPATIBIUTY COULD MAKE THE TELEPHONE SERVICE UNABLE TO TRANSMIT ALARM SIGNAlS TO ADT'S CMC. IF ACT OETERMINES IN ITS SOLE DISCRETION THAT IT IS COMPATIBLE, ADT WILL PERMIT CUSTOMER TO USE ITS NON.TRADITIONAL TELEPHONE SERVICE AS THE PRIMARY METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT ADT RECOMMENDS THAT CUSTOMER ALSO USE AN ADDITIDNAL BACK-UP METHOD OF COMMUNICATIDN 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.TRADITIONAL TELEPHONE SERVICE THAT IS NOT COMPATIBLE. THEN ADT 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 TELEPHDNE LINE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES TRADITIONAL TELEPHONE SERVICE FOR ANY SUCH MDNITORING 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 A8LE TO DETECT IF THE NON.TRADITIONAl TELEPHONE SERVICE LINE IS CUT OR INTERRUPTED, AND THAT ADT MAY NOT BE ABLE TO DOWN tOAD 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 RESPONSIBIUTY FOR ESTABLISHING AND MAlNTAtNING ACCESS TO AND USE OF THE NON.TRADlTIONAL 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 wiling. installed under this Agreement which proves to be defective in material or workmanship within ninety (90) days of the date of completion of Installation will be repaired or replaced at ACT's option with a new or functionally operative part. Labor and material required to repair or replace such defective COlTllOnents will be free of cha'lle for a period of ninety (90) days foliowing the compleoon of the orglnal installation. This Warranty does not epply to the 'Conditions Nol Covered by Warranty' listed below (the 'Conditions') and ff Customer calls ADT for wvice under the Warranty and upon InspecUon by ADT's representative tt Is found that one of these Conditions has led 10 the inoperablity or apparent Inoperablllty of the system. a cha'lle will be made for the s8fVice caD of ADT's representative whether or not he actually works on the system. Should ~ actually be necessary to make repailS to the system due to one of the Conditions. a charge will be made for such work at ADT's then applicable rates for labor and material. Service will be tumlshed by ADT during ADT's normal worklng hours of 8:00 A.M. to 4:30 P.M. Monday through Friday. except horidays. Conditions: (a) Damage or extra service time resul1lng from accidents. acts of God. lightning. strikes. riots, floods. terrorism. acts of War, akeration. misuse. tamperirg or abuse. adjustments. repairs 01 maintenance not done by ADT, or from parts. accessories. altachments or other devices not fumished by ADT; (b) Custome~s Improper operation per instructions; (c) AdiJstments necessitated by VIdeo camera mlsalil)nment, improper monitor brightness and contras1 tuning dials. or inadequate lighting on viewing area: (d) Trouble due to Interruption of commercial power to the phone service or use of NOr>-Traditional Telephone Service; (e) Battery failure: (Q Devices designed to fallln protecting the System such as . but not IIm~ed 10. fuse and circu~ breakets; (g) System changes requested by Customer. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLlED,INCLUDING 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, SHALL 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 WARRAliTY OR CONTRACT BY ADT OR NEGLIGENCE OF ADT OR OTHERWISE, C. Maintenance -If Customer has purchased maintenance service on any of the Equipment, ADT will. upon Custome~s request, provide ordlnery maintenance and repair of the covered equipment due to normal wear and tear and bear the expense thereof. The expense of all extraordinary maintenance and repair due to aMeratlons In the Custome(s premises. alterations 01 the system made at the raquesl of the Customer. 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 control of ADT, shall be bome by the Customer. The Customer agrees to furnish any necessary electric current through the Custome~s meter and at the Custome~s own expense with an ou@etwithin 10 feet of the ADT Control Panel. It is mutually agreed that the work of Installation and ADT's repairs of the system shall be periormed between ADT's normal working haulS of 8:00 A.M. to 4:30 P.M.. Monday through Friday. except holidays. EXCLUSIONS: Maintenance on the following devices will be provided only on a tine and material basis: (I) window foil, (2) security screens. (3) exterior mounted devices. (4) PROM (Programmable Read Only MemOlY), (5) Equipment subject to the Conditions Not Covered by Warrenty lisled In Paragraph B. above, (6) computer hardware. software. or computer networks. ' ltis understood and agreed that ADT's obligation relales to the maintenance solely of the specific Equipment covered. under the Maintenance Service Contract, and that ADT is i1 no way obligated to maintain, repair. service. replace. operate or assure the operation 01 any device or devices of the Customer 01 of others not installed by ADT. If not contracted for before the expiration of the Warranty, ADT will enter into a Maintenance Service Contract only aMer Inspecting the system and making any necessary repallS or replacements to the system at a cha'lle to the Customer for labor and/or material at ADT's then prevailing rates. INSPECTIONS. ADT will provide the number of inspections of the System only as specilied In this Agreement and such Inspections shall be periormed during ADT's normal working haulS of 8:00 A.M. to 4:30 P.M.. Monday through Friday. except hofidays and subject to 'EXCLUSIONS' set fOlth In Paragraph C. above for maintenance. D. INVESTIGATOR RESPONSE SERVICE. If Customer has purchased Investigator Response Service, such services shall be provided acx:ordlng to the level selected all follows: Levell, Exterior Investigation: Upon receipt of a bU'lllar alarm signal from the Customer's premises. ADT, In addition to notifying the Police Depaltnent as Indicated above, will endeavor to notify the Cuslome(s designated representative and also endeavor to dispatch a representative to the Custome~s premises. The representative will make an investigation of the exterior of the premises from his vel1icle. At the conclusion of the representative's investigation. ADT will notify the Cus1om8I's designated representative of the results of the investigation. TERMS AND CONDITIONS ARE CONTINUED ON THE NEXT PAGE Page 3 of 5