HomeMy WebLinkAboutAdvanced Security Systems 2015-10-01•� Advanced SecuritySystems � l rm 7�3
v Alarm Licenso# ACO2883
J CA Contractors License# 527700
Alarm Services Contract OR Contractors License# 144207
This agre `Agreement") is made this 1st day of October , 2015 , by and between Petrusha Enterprises, Inc, dba Advanced
Security Systems, a California Corporation qualified to do business in Oregon (hereinafter, 'Company," "We," "Us," or "Our"), at the address
checked below, and the customer identified in Section A below.
Section A. Customer Information
Advanced Security Systems
Customer Name: GRACE HUDSON MUSEUM
Office Address:
❑ 1336 Fourth Street
Eureka CA 95501
707 443-6366
Address: 431 SOUTH MAIN STREET
City; UKIAH
State/Zip: CA 95482
Cl 1528 Northerest Drive
Crescent City CA 95531
707 464-1975
Protected Premises:
Address: SAME AS ABOVE
City/State/Zip:
0 2460 W. Third Street, Suite 215
Santa Rosa CA 95401
(707) 544-920200 1
Phone/Fax:
0 Commercial 13Residential ❑ Update / Upgrade ❑ Services Only
Section B. Services To Be Provided ❑ Check Here If
No Services Are To Be Provided
Basic Monthly Service: Burglary
Service Includes Customer Monitoring Central Station
Receiving & Notification Service for Burglary, Manual N/A
Fire and Manual Police Emergency
Basic Monthly Service: Fire TOTAL
Service Includes Customer Monitoring Central Station 29,80
Receiving & Notification Service for Fire, Manual Fire
and Manual Police Emergency
Optional Monitoring Services: (check box) Monthly Fee
❑ Burglary
El Fire Alarm/Smoke Detection $29.50
❑ Carbon Monoxide
❑ Police Emergency/Panic/Holdup
❑ Critical Condition/Flood/Low Temp, Alert
❑ Cellular Fire Monitoring
❑ Dual Line Monitoring
❑ Broadband Monitoring
❑ Open/Close Reporting
0 Auto test INCLUDED
Section C: Equipment Installed: Fire Alarm System
Qty Item
Equipment (Continued)
MONITORING
Materials Price
Telephone
Sales Tax on Materials
Installation
TOTAL
Section E. Billing
I AUTHORIZE ADVANCED SECURITY SYSTEMS:
1. To withdraw all Monitoring Fees from my bank account
❑ Checking ❑ Savings
(EFT Authorization Form must accompany this contract for any withdrawals to begin)
Authorized Account Signature:
YOU ACKNOWLEDGE THAT (1) WE HAVE
EXPLAINED TO YOU THE FULL RANGE OF
EQUIPMENT AND SERVICES AVAILABLE TO YOU;
(2) ADDITIONAL EQUIPMENT AND SERVICES OVER
THAT DESCRIBED ABOVE ARE AVAILABLE AND
MAY BE OBTAINED FROM US AT AN ADDITIONAL
COST TO YOU; (3) YOU HAVE CHOSEN AND HAVE
CONTRACTED FOR ONLY THE EQUIPMENT AND
THE SERVICES DESCRIBED IN THIS CONTRACT; (4)
YOU HAVE READ AND UNDERSTAND THE TERMS
AND CONDITIONS OF THIS CONTRACT, AND (5)
YOU SHOULD MANUALLY TEST YOUR SYSTEM
WEEKLY./
ACCEPTANCE SIGNATURE
2. To charge my credit card ❑ MasterCard ❑ Visa ❑ Discover
❑ Installation ❑ Services Charges
❑ Quarterly ❑ Semi -Annually ❑ Annually
Cardholder's Name:
Credit Card Number:
Expiration: 3 #s on back of card:
Authorized Si afore
3. To send me a bill Quarterly ❑Semi -Annually D Annually
The installation shall be performed in accordance with the provisions of Section 7 of this Agreement. For a residential system in California, a failure
by us without legal excuse to substantially commence work within twenty (20) days from the approximate installation starting date is a violation of
the Alarm Company Act. Upon completion of the installation we will thoroughly instruct you in the proper use of the system.
OFFICE COPY
IMPORTANT TERMS AND CONDITIONS
PRICE: PAYMENT AND TERM:
a. Sales Price: For the sale and installation of the equipment that you have selected (hereinafter, the "System") you will pay us the amount set forth in Section C.
We will not start to monitor the system until the sales price is paid in full. We will retain title to the system until the complete sales price is paid. If you fail to make any payment when
due, we may discontinue installation, monitoring and service, terminate this agreement and recover all damages to which we are entitled, including the valla: of the work perforated and
loss of profits. In addition, we may impose a late charge on all payments more than ten (10) days past due in the maximum amount permitted by applicable law.
b. Monitoring Fee: For the monitoring services that you have selected in Section B, you will pay us the amount indicated in Section B for the initial three (3) year term, payable in
accordance with the terms that you selected in Section B. You will pay the pro rata monitoring fee for the month in which monitoring services start. The first payment for monitoring
service is due when we complete the system. The total sum shown in Section B is the total cash price for monitoring. There Is no financing charge or cost of credit (0% APR)
associated with this agreement.
c. Term: For monitoring service, the original term of this agreement starts on the day monitoring services begins and continues for three (3) years and will automatically continue
month-to-month thereafter unless cancelled by either of us in writing at least thirty (30) days before the end of the original term or any renewal term.
d. Increase in Monitoring Rate: You acknowledge that the monitoring fee is based on federal, state and local taxes and the Central Station's monitoring charges. We shall have the
right, at any time, to increase the monitoring fee to reflect any additional or increased taxes, licenses, permits, fees or charges (including monitoring fees) which may be charged to us by
the Central Station or any utility or governmental agency relating to the installation of the system or the monitoring service and you agree to pay the same. In addition, we can increase
the monitoring fee for any renewal term by giving you thirty (30) days prior written notice.
2. RECEIPT OFCOPY: You state that you have received a copy of this agreement and the notice of cancellation form.
3. LIMITED WAR Aja NTY
a. What is Covered: For one (1) year after we complete the installation, we will repair or replace any defective part of the system free of charge.
L How to get Service: Call or write us at the address and telephone number at the top of this Agreement and telt us what is wrong with the system, We will provide service
as soon as possible during our normal business hours, which are 5:00 am to 5:00 pm Monday through Friday, excluding holidays we observe. A responsible adult must be at
the premises at the time we visit. Emergency repair service Is available at other times for an additional charge.
c. What is Not included-, Repair of the system Is our only duty. This warranty does not include disposable batteries. We make no other express warranty including any
warranty of merchantability of the system or Its fitness for any special purpose. All implied warranties are limited In duration to the term of this express warranty. We do not
warrant that the system will always detect, or help prevent, any burglary, fire, hold-up or other such event. We do not warrant that the system cannot be defeated or
compromised or that it will always operate. This warranty does not cover repairs that are needed because of an accident, acts of God, your failure to properly use the system,
or any other reason except a defect In the equipment or our installation. We are not liable for conseattenthil or incidental damages. You agree that this is per only warranty
d we have given you no other warranty for the system.
d. State law: Some states do not allow the exclusion or the limitation of consequential or incidental damages, so the above limitations or exclusions may not apply to you.
The warranty gives you specific legal rights and you may also have other rights, which may vary from state to state.
4. OUR LIMITED LIABILITY: Sections 15 and 16 on the reverse side of this agreement limit our liability to $500.00 or 10% of the annual monitoring fee, whichever is greater, if you or anyone
else suffers any harm (damage or loss of property, personal injury, or death) because the system failed to operate properly or we were careless or acted improperly. You have had the opportunity to
talk to our sales agent about this limitation and you know that you may obtain a higher limitation of our liability by paying an additional periodic fee to us.
5. NOTICE TO CUSTOMERS:
a. DO NOT SIGN THIS AGREEMENT IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS ARE LEFT BLANK.
b. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT.
c. IT SHALL NOT BE LEGAL FOR THE COMPANY TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS
GOODS PURCHASED UNDER THIS AGREEMENT.
d. ALL OF THE TERMS ON THE REVERSE SIDE OF THIS PAGE ARE PART OF THIS CONTRACT READ THEA BEFORE YOU SIGN BELOW
6. YOU, THE CUSTOMER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS
TRANSACTION. SEE ITEM 25 FOR NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
PETRUSHA ENTERPRISES, INC.,
Dba ADVANCED SECURITY SYSTEMS,
A California corporation qualified in Oregon
BY:
Management Approval
c.
BY:
usto ' r)
(Date Signed)
Type of Commercial Entity: ❑ Corporation/LLC O Partnership ❑ Sole Owner
THIS AGREEMENT WILL NOT BE BINDING UPON THE COMPANY UNTIL EITHER (1) SIGNED BY ONE OF OUR MANAGERS OR (2) WE START MONITORING
SERVICE. IN THE EVENT OF OUR NON -APPROVAL, OUR ONLY LIABILITY SHALL BE TO REFUND TO YOU ANY ADVANCED AMOUNT THAT YOU PAID TO US.
SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SUBSCRIBER MAY NOT RECEIVE A COPY OF THIS AGREEMENT SIGNED BY COMPANY'S MANAGER, AND
SUCH LACK OF RECEIPT SHALL NOT, IN ANY WAY, INVALIDATE OR OTHERWISE AFFECT THIS AGREEMENT.
THE CITY OR COUNTY IN WHICH YOU ARE LOCATED MAY REQUIRE THAT YOU OBTAIN A PERMIT FOR THE USE AND MONITORING OF YOUR ALARM SYSTEM.
LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE ALARM SYSTEM HAVE BEEN
OBTAINED, AND THEREFORE COMPANY MAY NOT BEGIN MONITORING UNTIL YOU HAVE OBTAINED AT YOUR EXPENSE ALL NECESSARY PERMITS OR
LICENSES, AND PROVIDE US WITH THE LICENSE OR PERMIT NUMBER.
7. INSTALLATION OF THE SYSTEM: You will permit us to install the System during our normal business hours and you will give us uninterrupted access to your premises. You have approved
the locations of where the control panel, audible devices and all protective devices will be installed. You will provide 110 -volt electrical service, including non -switched electrical outlets for the
System's transformers and other electrical needs. and will make repairs to the Premises (such as fixing loose doors or broken windows) that we deem reasonably necessary to facilitate the installation
and operation of the System. You will make arrangements for lifting and replacing carpeting, if required, for our installation of floor mats or wiring. We are not responsible if the installation is
delayed because of bad weather, labor disputes. acts of God or other reasons beyond our control. Our intent is to conceal wiring in the finished areas of your Premises. There may, however, be areas
where we determine, in our sole discretion, that it is impractical to conceal the wiring. In such areas, the wiring will be exposed. You have the affirmative duty to inform us. prior to beginning of
installation, of every location at the Premises where we should not (because of concealed obstructions or hazards such as pipes, wires or asbestos) enter or drill holes. Unless notified, we will
determine where to drill holes and place equipment. We will take reasonable precautions to avoid concealed obstructions, but have no means of determining with certainty if they exist. Any costs
incurred to repair pipes, wires or other obstructions, and any resulting damaged walls, ceiling, floors or furnishings shall be your sole expense and responsibility. If asbestos or other health hazardous
material is encountered during installation, we will cease work until you have, at your sole expense, obtained clearance from a licensed asbestos removal or hazardous material contractor that
continuation of work will not pose any danger to our personnel. In no case shall we be liable for discovery or exposure of hidden asbestos or other hazardous material. After we complete the System,
you and our representative will inspect it. If something is missing or not properly installed you will tell us within five (5) days, otherwise the System will have been accepted by you.
Il. MONITORLNG SERVICE: We shall connect the System to our monitoring facility ("Central Station"). When an alarm signal from the System is received from your Premises, our Central
Station will try to telephone the proper police or fire department or other emergency personnel and the first available Responsible Party that you have identified in Section D above; and when a non-
emergency signal is received, the Central Station will attempt to contact you or the first available Responsible Party but will not notify emergency authorities. The Central Station reserves the right to
Terms & Conditions Page 1 of 3
verify all alarm signals by telephone or otherwise before notifying emergency personnel, and may choose not to notify emergency personnel if it has reason to believe that an emergency condition
does not exist. If your police or fire department now or in the future require visual verification of an emergency condition before responding to a request for assistance, you agree to subscribe to such
service if provided by us or otherwise comply with such requirements. We are not obligated to offer such verification services and may charge an additional fee for such service.
9. TRANSMISSION LINES• The System includes a communicator that sends signals to the Central Station over your regular telephone service. You will pay for all telephone charges including
any installation fee for a special jack to connect the System to your telephone service. An RJ31 X or equivalent telephone jack will be installed with your System to give the System priority over
other telephones in your Premises, however, when the System is activated, you will be unable to use your telephone to make other calls (such as calls to the 911 emergency operator), and
therefore, you may wish to have the System connected to a second telephone litre. If your telephone is out of order, placed on vacation status or otherwise not working, signals cannot be
transmitted and the Central Station and we will not know of the telephone service problem. We, at our option, may utilize a radio or cellular communications system for transmitting alarm signals
from your Premises to the Central Station as a secondary communications system. The use of radio and cellular systems are controlled by the Federal Communications Commission and changes in
rules, regulations and policies may necessitate our discontinuing such transmission facilities at our option. Radio and cellular transmissions may be impaired or interrupted by atmospheric
conditions, including electrical storm, power failures or other conditions and events beyond our control. You may be required to execute an additional agreement for radio or cellular transmission
service. The use of DSL or other broadband telephone service may prevent the System from transmitting alarm signals to the Central Station and/or interfere with the telephone line -seizure feature of
the System. DSL service should be installed on a telephone number that is not used for alarm signal transmission. You agree to notify Company if you install or intend to install DSL or other
broadband service. IMMEDIATELY AFTER THE INSTALLATION OF DSL OR OTHER BROADBAND SERVICE YOU MUST TEST THE SYSTEM'S SIGNAL TRANSMISSION WITH
OUR CENTRAL STATION.
10. FALSE ALARMS: You agree that you and others using the System, will use it carefully so as to avoid causing false alarms. False alarms can be caused by severe weather or other forces
beyond our control. If we receive too many false alarms, that will constitute a breach of contract by you, and we may cancel monitoring service and seek to recover damages. If a false alarm fine or
penalty is charged to you or us by any governmental agency, you will pay for the charge. If the System is a local burglar alarm, you authorize us to enter your Premises to turnoff the audible device
if we are requested or ordered to do so by governmental authorities, neighbors or anyone else, and you will pay our standard service call charge for each such visit
11. SUBSCRIBER'S DUTIES: You will instruct all other persons who may use the System on its proper use. You will test the System's protective devices and send test signals to the Central Station
in accordance with our instructions at least weekly. If the System includes space or interior protection (e.g. infrared, photo -beams, under carpet mas or other such detectors) you will tum off, central
or remove all things such as air conditioning and heating systems, and pets that might interfere with such devices when they are turned on. If a problem in the System occurs you will notify us. You
will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will complete and give to us information regarding your Responsible
Party contacts which will include the name, telephone number and relationship of each person who we may contact in the event we believe there is an emergency at your premises. You will notify us
in writing of any changes in the persons or telephone numbers on your Responsible Party contact list. You agree that we may disclose the information on your Responsible Party contact list to any
governmental agency having jurisdiction over the use and operation of the System. IF THE SYSTEM INCLUDES ANY WIRELESS DEVICES, YOU WILL REPLACE THE BATTER=
AS NEEDED,
12. SUSPENSION OR CANCELLATION OF THIS AGREEMENT• You understand that we tray stop or suspend monitoring and repair service if: (a) strikes, severe weather, earthquakes or other
such events beyond our control affect the operation of our Central Station or so severely damage your Premises that continuing service would be impractical; (b) there is an interruption or
unavailability of the telephone service between the System and our Central Station; (c) you do not pay the Monitoring Fee due to us, after we have given you ten days notice that we are canceling
service because of noon -payment; (d) we are unable to provide service because of some action or ruling by any governmental authority; or (e) you become a debtor in a bankruptcy proceeding. If
service is cancelled or this Agreement is terminated for any reason, you authorize us to remotely disconnect your communicator from the Central Station and/or enter your Premises to disconnect
your System from our monitoring equipment and remove our communications module and software and all of our sign and decals from your Premises. If service is suspended because you have
failed to pay the Monitoring Fees set forth herein, and you ask us to reactivate the System, you will pay, in advance, our then prevailing re -connection fee. YOU UNDERSTAND THAT THE
ALARM SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.
13. ASSIGNEES AND SUBCONTRACTORS: We may transfer or assign this Agreement to any other alarm company or financial institution. You may not transfer this Agreement to someone else
(including someone who purchases or rents your Premises) unless we approve the transfer in writing. We may use subcontractors (including third -party monitoring facilities) to provide installation,
repair or monitoring services, and this Agreement, and particularly Sections 15 and 16 shall apply to them and the work or services they provide, and protect them in the same manner as it applies to
and protects us.
14. CHANGES TO THE SYSTEM: If you or any governmental agency or insurance interest wants us to change the System described herein, or change it after it is installed, you agree to pay our
standard parts and labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THIS SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT
PROTECTION IS AVAILABLE FOR A HIGHER PRICE.
15. COMPANY IS NOT AN INSURERm LIMITATION OF LIABILITY, You understand that: (a) we are not an insurer of your Promises, property or the personal safety of persons in your
Premises; (b) you are solely responsible for providing any life, health or disability insurance for yourself and persons who use the System, and insurance on your Premises and its contents; (c) the
amount you pay to us is based only on the value of the service we provide and not on the value of your Premises or its contents; (d) alarm systems and monitoring service may not always operate
properly for various reasons; (e) it is difficult to determine in advance the value of the property that might be lost, stolen or destroyed if the System or our service fail to operate properly; (f) it is
difficult to determine in advance how fast the police or fire department or others would respond to an alarm signal; (g) it is difficult to determine in advance what portion, if arty, of any property lom
personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the System or service.
THEREFORE YOU AGREE:
EVEN IF A COURT DECIDES THAT OUR BREACH OF THIS AGREEMENT, OR A FAILURE OF THE SYSTEM, OR OUR NEGLIGENCE, OR A FAILURE OF THE INSTALLATION,
MONITORING OR REPAIR SERVICE CAUSED OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU OR
ANYONE IN YOUR PREMISES, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE GREATER OF $50D.00 OR 10% OF THE ANNUAL MONITORING FEE, AND THIS
SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF
WARRANTY OR PRODUCT LIABILITY) IS USED TO DETERMINE THAT WE WERE LIABLE FOR THE INJURY OR LOSS.
YOU MAY OBTAIN A HIGHER LIMITATION OF LIABILITY. If you wish, you may obtain from us a higher limitation of liability instead of the liquidated damages for an additional periodic
charge. If you elect this option, we will attach a rider to this Agreement which will set forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to the
limitation of liability does not mean that we are an insurer.
16. THIRD PARTY INDFMNIFICATION AND SUBROGATION: If anyone other than you, asks us to pay for any harm or damages (including property damage, personal injury or death)
connected with or resulting from (i) our breach of this Agreement, (ii) a failure of the System of services, (iii) our negligence, (iv) any other improper or careless activity of ours in providing the
System or services, or (v) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of aur
reasonable attorney's fees and any other losses or costs that we. may pay in connection with the harm or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or
damages happens while one of our employees or subcontractors is in or about your Premises, and such harm or damages is solely caused by that employee or subcontractor. Unless prohibited by
your property insurance policy, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us
against any such claim. You will notify your insurance company of this release.
17. LIMITATION ON LAWSUITS WAIVER OF JURY TRIAL- You and Company agree that no suitor action that relates in anyway to this Agreement (whether based upon contract negligence,
or otherwise) shall be brought against the other more than one (1) year after the accrual of the cause of action therefrom. YOU AND COMPANY HEREBY WAIVE ANY RIGHTS TO A JURY
TRIAL IN ANY JUDICIAL ACTION BROUGHT BY EITHER YOU OR COMPANY, WHICH RELATES IN ANY WAY TO THIS AGREEMENT (WHETHER BASED UPON CONTRACT,
NEGLIGENCE OR OTHERWISE).
18. INFORMATION AND PRIVACY: YOU UNDERSTAND AND AGREE THAT IN CONJUNCTION WITH EMPLOYEE TRAINING, QUALITY CONTROL AND THE PROVISION OF
SERVICES HEREUNDER, WE MAY MONITOR AND/OR ELCTRONICALLY RECORD VIDEO AND AUDIO RELATED TO MONITORED ACTIVITY AT YOUR PREMISES, AS WELL
AS CONVERSATIONS WITH YOU, EMERGENCY SERVICES PROVIDERS, AND LAW ENFORCEMENT PERSONNEL FURTHER, YOU UNDERSTAND THAT PRIVACY CANNOT
BE GUARANTEED ON RADIO, TELEPHONE, CELLULAR AND COMPUTER SYSTEMS, AND WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, LOSS, DAMAGES OR
COSTS WHICH MAY RESULT FROM A LACK OF PRIVACY EXPERIENCED. YOU CONSENT TO US (1) USING INFORMATION ABOUT YOU AND YOUR PREMISES
(COLLECTIVELY, "INFORMATION") TO ADMINISTER SERVICES, OFFER NEW PRODUCTS OR SERVICES, ENFORCE THE TERMS OF THIS AGREEMENT, PREVENT FRAUD
AND RESPOND TO REGULATORY AND LEGAL REQUIREMENTS, (I ])PROVIDE INFORMATION TO LAW ENFORCEMENT PERSONNEL FOR THE PURPOSE OF PROVIDING
SERVICES HEREUNDER OR IN RESPONSE TO A SUBPOENA OR OTHER SUCH LEGAL PROCESS, AND (I 11) USING AND SHARING AGGREGATE SUBSCRIBER INFORMATION
AND STATISTICS THAT DO NOT INCLUDE INFORMATION THAT IDENTIFIED YOU PERSONALLY, EXCEPT AS REQUIRED TO PROVIDE THE SERVICES THAT YOU HAVE
SELECTED, WE WILL NOT MONITOR YOUR LOCATION. YOU CAN OBTAIN COMPANY'S PRIVACY POLICY BY CONTACTING US AT (877) 443-6366 OR ON OUR WEBSITE AT
www.advancedsecurity.us
Terms & Conditions Page 2 of 3
19. NOTICES: All notices to be given hereunder shall be in writing and may be served either personally or by mail, postage prepaid to the addresses set forth in this Agreement or to any other
address provided by one to the other from time to time in writing.
20. SEVERABILITY: IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, THE OTHER
PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT. ANY PROVISIONS OF THIS AGREEMENT HELD INVALID OR UNENFORCEABLE ONLY IN
PART OR DEGREE WILL REMAIN IN FULL FORCE AND EFFECT TO THE EXTENT NOT HELD INVALID OR UNENFORCEABLE.
21. JURISDICTION/SERVICE OF PROCESSES; Any action or proceeding seeking to enforce any provision of, or based on any right arising out of this Agreement may be brought against the
other party in the courts of the State of California, County of Humboldt, and you and Company each consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such
action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.
22. COMPANY'S OBLIGATION: You agree that Company's sole and only obligation under this Agreement shall be to provide the System and Monitoring Services that you selected above.
Company has received: (i) a fully executed copy of this Agreement; and (ii) your initial deposit, if any. In addition, Company shall not be obligated to provide any Monitoring Services until
Company receives: (a) a valid test signal from your System; and (b) you have obtained at your expense all licenses and perntits required by your local authorities to use the System and you have
provided us with such license or permit number(s).
23. ENTIRE AGREEMENT: The entire and only agreement between you and Company is written in this Agreement. It replaces any earlier oral or written understandings or agreements. It may
only be changed by a written agreement signed by you (or if married, your spouse also) and us. IT MAY NOT BE CHANGED BY ANY ORAL STATEMENTS OR REPRESENTATIONS MADE
BY OUR SALES REPRESENTATIVE. If you have given or ever give us a purchase order for the System or services which provides for different terms than this Agreement. this Agreement will
govern and be controlling. If any provision of this Agreement is found to be invalid or illegal by a court, the balance of the Agreement shall remain in force. You agree that we may save and store all
contracts and other documents executed by you in an electronic media and all such contracts and other documents shall be deemed to be, and may be used by us as originals and shall be given the
same force and effect as the paper -form originals.
24. OUR LICENSES:
a. CALIFORNIA
L CONTRACTORS ARE REQUIRED BYLAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSE BOARD. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD P.O. BOX 26000, SACRAMENTO, CA 95826. OUR CALIFORNIA
CONTRACTOR'S LICENSE NUMBER IS 527700.
ii. ALARM COMPANIES DOING BUSINESS IN THE STATE OF CALIFORNIA ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE
STATE OF CALIFORNIA, BUREAU OF COLLECTION & INVESTIGATIVE SERVICES. QUESTIONS CONCERNING THIS MAY BE DIRECTED TO: 400 "117
STREET, SUITE 2001, SACRAMENTO, CA 95814-6234. OUR CALIFORNIA ALARM LICENSE NUMBER IS ACO2883.
b. OREGON
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICES. ANY
QUESTIONS CONCM-41NG A CONTRACTOR MAY BE REFERRED TO THE CONSTRUCTION CONTRACTORS BOARD AT P.O. BOX 14I40, SALEM, OR
97309-5052. OUR OREGON CONTRACTOR'S LICENSE NUMBER IS 144207.
25. NOTICE OF CANCELLATION
YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten (10) business days
following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at
your residence, in substantially good condition as when received, any goods delivered to you may cancel this transaction, without penalty or obligation, within three business days from
the above date. Under this contractor sale, you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If
you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods
without further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of
all obligations under this contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to Advanced Security
Systems, 1336 Fourth Street, Eureka CA 95501 no later than midnight of the third day of transaction.
I HEREBY CANCEL THIS TRANSACTION
(Signature)
(Date)
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