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HomeMy WebLinkAboutDeep Valley Security 2018-02-15Licensed by the Bureau of Security and Investigative Services PAGE I OF 2 Department of Consumer Affairs, Sacramento, CA 95814 WL, N o . v l b - I M License No.: AC03195 VOGT TECHNOLOGY, INC., doing business as DEEP VALLEY SECURITY 960 N. State Street, Ukiah, CA 95482 (707) 462-5200 A Notice of Cancellation may be sent to the contractor at the above address HOMEIMPROVEMENT STANDARD SECURITY EQUIPMENT SALES CONTRACT VOGT TECHNOLOGY, INC., doing business as DEEP VALLEY SECURITY (hereinafter referred to as 'DVS' or *Seller) agrees to sell and install an electronic security system at the Buyer's premises; and, DVS agrees to Instruct Buyer in the proper use of the electronic security system. Buyer agrees to purchase an electronic security system from DVS. Buyer's Name: CITY OF UKIAH Buyers Address: 1350 HASTINGS RD UKIAH CA 95482 IWAREHOUSEI Description of the Project and Description of the Significant Materials to be Used and Equipment Installed (equipment Is Identified by make, model and/or other Information): 11 W/L STAND ALONERECEIVER 4) DOORAVINDOW CONTACTS 21 MOTIONS 11 GSM 1) STROBE LIGHT I SIREN The parties agree that passcode to the CPU software remains the property of DVS. Contract Price: Purchase Price: S 1.210.00 Taxes: S 85.82 Total: $11-275.82 Down Payment: b Balance due upon completion of installation: $1,275.82 Approximate date work to begin: 1`512 Estimated date work to be substantially completed: TBD 'Estimated dates ONLY, equipment is ordered upon receiving signed contract(s) Vogl Technology. Inc. d.b.a. D Valley Secu y: By: I A A1 Dat %1124118 (Nothperformance payment the right In bbond)uire the contractor have a The law requires that the contractor give you a notice explaining your right to cancel. Initial below if the contractor has given you a Notice of the Three -Day Right to Cancel. License Number of Alarm Installer. AE Name of Salesperson: TRAVIS HUDSON Registration Number of Salesperson: (where applicable): Approximate Start Dale of Installation: TBD Approximate Completion Dale of Installation: Buyer agrees to have its credit card automatically charged for all service charges under this contract. Credit Card #: Expiration Date: _ MasterCard _Visa American Express Cardholders Name (As it appears on credit card): Billing Address: (for residential customers orgy) NOTICE OF CANCELLATION YOU, THE BUYER. MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION_ SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. Btuff*Ow !tenant has die right to require rite cotxractar have a performme and payment bond. iNC--i ke.,, ,o 2 / Print Buyers Name� Dale 0r tr,Jitrc.- -/ vi!;WJG 0l041A14,(� 9s �a Buyers Address ID/EIN Type and jurisdiction of organization and ID If any The undersigned personally guarantees buyers performance of this agreement: Signature (Name and address must be printed below) (Note: Owner/tenant has the right to require the contractor to have a performance and payment bond). TOD Social Security Number SEE ADDITIONAL PAGES OF THIS CONTRACT FOR ADDITIONAL TERMS AND CONDITIONS OF THIS SALE WHICH ARE PART OF THIS CONTRACT. READ THEM BEFORE YOU SIGN THIS CONTRACT. BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION. LIMITED WARRANTY In the event that any part of the equipment becomes defective, or in the event that any repairs are required, DVS agrees to make all repairs and replacement of parts without costs to the Buyer for a period of ninety (90) days from the date of installation. DVS reserves the option to either replace or repair the equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parte in fulfillment of this warranty. DVS's warranty does not include electric, plumbing, construction, damage by lightning, electrical surge, or wire. DVS is not the manufacturer of the equipment and other than DVS's limited warranty Buyer agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Buyers exclusive remedy for DVS's breach of this contract or negligence to any degree arising out of this contract is to require DVS to repair or replace, at DVS's option, any equipment which is non -operational. WAIVER OF WARRANTIES PAGE 2 OF 2 THERE ARE NO WARRANTIES WHICH EXTEND BEYOUND THE DESCRIPTION ON THE FACE HEREOF. DVS HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND/OR ANY WARRANTY OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE. OVS DOES NOT REPRESENT OR WARRANT THAT THE ELECTRONIC SECURITY SYSTEM WILL PREVENT ANY LOSS, DAMAGE OR INJURY TO ANY PERSON AND/OR ANY PROPERTY. DVS DOES NOT REPRESENT OR WARRANT THAT THE ELECTRONIC SECURITY SYSTEM WILL PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. BUYER ACKNOWLEDGES THAT DVS IS NOT AN INSURER; AND, IT IS BUYER'S SOLE AND EXCLUSIVE RESPONSIBILITY AND OBLIGATION TO OBTAIN AND MAINTAIN PROPER INSURANCE COVERAGE FOR ALL RISKS OF LOSS OR DAMAGES TO THE PREMISES, ITS CONTENTS, AND ANY PERSONS) LOCATED THEREIN OR THEREON. BUYER ASSUMES ALL RISK FOR LOSS OR DAMAGE TO BUYER'S PREMISES, ANY PROPERTY LOCATED THEREIN OR THEREON, AND/OR ANY PERSON LOCATED THEREIN OR THEREON. BUYER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY ANY REPRESENTATIVE OF DVS SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS SAID AFFIRMATION OF FACT OR PROMISE IS EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT. BUYER IS NOT RELYING ON DVS'S SKILL OR JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR USE OR PURPOSE. BUYER ACKNOWLEDGES THAT DVS HAS OFFERED ADDITIONAL AND MORE SOPHISTICATED EQUIPMENT FOR AN ADDITIONAL CHARGE WHICH BUYER HAS DECLINED. DVS SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES SUSTAINED OR SUFFERED BY BUYER OR ANY OTHER PERSON THAT ARE ALLEGED TO HAVE BEEN CAUSED BY A BREACH OF THIS AGREEMENT BY DVS OR OTHERWISE ARISING OUT OF THIS AGREEMENT. BUYERS EXCLUSIVE REMEDY FOR DVSS BREACH OF THIS CONTRACT OR NEGLIGENCE TO ANY DEGREE UNDER OR ARISING OUT OF THIS CONTRACT IS TO REQUIRE DVS TO REPAIR OR REPLACE, AT DVSS OPTION, ANY EQUIPMENT WHICH IS NON -OPERATIONAL 1. ALTERATION OF PREMISES FOR INSTALLATION: DVS Is authorized to make preparations such as drAng Ides, ddvkg natls, making attachments or doing arty ~ thing necessary M OVS's soh dleaetton for the Installation and serviceof the equipment, and OVS shall not be n sporWble for arty corditim chatted thereby as are" of Such kulnllalbn, service, or removal of live equipment and Buyer represents that the ow and the premises, if other than Buyer, au dorizes to Installation of the equipment ander de terms of this agreement 2. BUYE" DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyer agrees to banish, at Buyers expense. an 110 VN AC Power and electrical outlets and receptacles, telephone hook -Ws, RJ31x Block or equtvafeM Internet connection, high speed broadband cable or DSL and IP Addms% as deemed necessary by DVS. 3. TESTING AND SERVICE OF COMMUNICATION SOFTWARE: Tie parties hereto agree that the saucy equipment, Lace kufesed, to In the exclusive possession and mnbd of the Subscriber, and it is Subscribers sole responsibility to last the operation of the security equipment and to nobly OVS N arty equipment Is In need d repair. DVS shelf riot be required to service the security equipment If Subscriber Is In default and unless N hes received notice from Subscriber, and upon such notion, DVS shag service the security equipment to the best of Its ability will 35 Mut, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 am and 5 P to Subscriber agrees to lest and Inspect the wanly equipment and to advise OVS of any doted, error or omiWon In the security equipment. In the event Subsuibercomplies an with the les dthis agreement and DVS rags to repair the Security equipment within 36 Mus after notice Is ghtang , exackol Saturdays. Sundays and legal hoNdays, Subscriber agrees to send notice that the security equipment Is In need of repair to DVS, In wtbhg, by eerlgkd or reglsiaed mag, return realpt requested, and Subscriber alelf not be responsible for payments due wtae the security, equipment remakes Inoperable. In arty lawsuit between the parties in which the condglen or operation of the security equipment Is in issue. t e Subscriber shag be precluded from mining the Issue that the security equipment was rot operating ureeas the Subscriber can produce a post office Cemified or registered receipt sipred by DVS. evidencing that service was requested by Subscriber 4. DELAY IN INSTALLATION: DVS shall not be liable ler any damage or loss sustained by S bar as a result of delay in irsia:latlon of equipment agripmeat fallu s. or for bianupllon of service due to electric fallum, strikes wakouus, war. acts of God, or other reuses. Including DVS's neggperce w hilum to perform arty obligation. The estimated date work is to be subsuralaly completed Is not a dePouRe completion date and time Is not athe essence. S. FALSE ALARMSIPERWT FEES: Buyer a responsible for all alarm parmas and permit fees, agrees to Ale ler and maintain any permits required by applicable law and AHJ and Indemnify or reknburse On for any fees toaPoq to permits. code compliance or false alermn. OVS Moll have no liability for permit fees Mks aanms, false alarm firm, pence or flee response, arty d 1 ge io personal or real property or personal Injury, caused by poke or Are department response to alarm, whether false alarm or otherwise, or the refusal of Tho police or Are department to respond. Inthe event of teminallm of police or Are response by the m rdelost police or Are department this contract shell nevertheless remain In gulf force and Buyer shall remain Gable ler all payments provided for herein. Should OVS be required by edstkg or hemireAer anaded law or AHJ to perfom arty service or f m ish any material not specifically covered by the Items of Ws agreement Buyer agrees to pay DVS In advance for such service or material. A. INDEMNITYIWAIVER OF SUBROGATION RIGHTSIASSIGNMENTS: Subscriber agrees to Ord shall Indemnify and hold harmese, Vogt Technologies and Communications. Inc.. d.b.a. DVS, Its officers, directors Shareholders. agents, employees, and su bcouraemrs from and against all dalms made against them for damages amps bases, koludlq those brought by third parte or Subscriber, which shag kicl deo masombb attorney foes mals, and expenses associated with defending any such claims for damages and/or losses asserted against and alleged to be caused by DVS's pedamance, mgggm( performance, or le lam to perform any obligation arMV out of this contract; and, sold inderoMAcelbn of Vogt Technologies and Communicstkan. Inc., d.b.a. DVS. Ita omcem. directors, sharehddere, agents, employees and subcontractors shall kciude the payment by Subscriber of any and all damages or tosses by way of settlement. Judgment or otherwise that arise our of arty assertions against and alleged b be caused by DVS's performance, negligent peAamame. or falkae to perform any obligation arising oul of This oodract. Subsomer on Ns4erMs behalf ant on behalf d Nslhwas insurance abler waives any right of subrogalion that Subscribers Insurance carder may dhanviss have against Vogt Technologies and Communications, Inc., db.a. OVS. its ol:aro, ufmdors. shareholders, agents, employees, and submorado s arcing old of this agreement or the mignon or to perces he kL The paha hereto agree Tat tore are no Oft party beneficiaries of this mrnrad. Subscriber shell not be permitted to assign this agreemerd without written consent of OVS. DVS soil have the right to assign this contred and sbe9 be reibved of cry obligations pealed herein upon such assignment. T. EQUIPMENT IS NOT A FIXTURE: OVS and Buyer agree that the equipment, once Installed. does becomes the personal property of the Buyer, that the equipment is not permnertly attached to the meant' and Shall M be deemed fixtures. A. INSURANCE: Buyar agrees that DVS is not an Insurer and no Insurance coverage Is offered herein The equipment Is designed to reduce certain risks of loss, though DVS does not guarantee that no loss will occur DVS Is not assuming liability, ant. therefore shall rot be liable to Buyer W any less, Isonal injury or property damage SustaNad by Buirer as a rout of Poe, shake or water, equipment failure. or any other cense. whatsoever, regardless dwhalber or not such ides or damage was caused by of contributed to by OVS S negligent performance, fafkae to perform any obligation or strip products liability. Buyer releases OVS from any claims forcommbution. Indemnity or subbrogellon. The Buyer shelf maintain policies of gahYay, properly damage, and fine insurance alar whlon DVS And the Buyer are named as insured, and under which the Insurer agrees to Indemnify and hold DVS hamloss from and against All costs. experseb kduding anorteys' fees and Nobility amizing out of or based upon any and all claims. Wes and damages arising out of lis agreement. Including. but no Indian to. those clams, Mpsbs ant damages mntdbaed to by OVS's negligent person. mat to any degree wits falkae to periom any obligation. The minimum Innis of Nobility of such knu ante Shag be one million ddnara for any it" or daft, and property damage In an amount necessary to Indemnify Buyer for property on Its premsas. DVS shall not be responsible for any portion of any foss or damage which Is recovered or recoverable by the Buyer from ksuance covering such lou or damage or for such bas or damage agNnst which the Buyer Is kdemnifled or Insured. 9. LIMITATION OF LIABILITY: Buyer agrees that should there arise any liability on the per of DVS as a result of OVS'S negligent performance to any degree, failure to perform any of OWS obligations, equipment fallue or sirid pmadnoa liability, that OVVS lability shelf be limited to to sun of 3250.00 or 5% of the sales price, vAdch ver is gander. If Buyer wltbes to iooaus DVTS maxkm,un amount of DVSS fimnaton of liability, Buyer may, as a matter of right, at any time, by entering Into a supplemental contaad, obtain a higher knit by paying an annual payment consonant with DVSS Increased Nobility. This shell rel be coatmed as Insurance coverage. 19. LEGAL ACTION: In the event DVS institutes legal action to recover any amounts owed by Stayer to OVS hereunder, the parties agree that the amount to be recovered, and any judgment to be entered, shall Include internal at the rale of am and one -hag percent I1 112X1 per month from the dale payment Is due. Should DVS Institute an action or proceeding to recover amounts due ban Buyer under this Conrad, the Prevailing party shall be emitted to recover reasonable aeomnelrs hes and costs associated therewith. The parties waive trial byjuy in any action between tam. In any action commenced by DVS against Buyer. Buyer shall not be permitted to Interpose any counterclaim Any Acton by Buyer against DVS must be commenced within one year o the accrual of the cause of action or I shall bebarred. AA actions or proceedings against DVS must be based on the provislors of this agreement. Any~ action that Buyer may have printing agaWl DVS In respect to dor services herniated In connection with this agreement shall be deemed to have merged to and be restricted to the tams and conditions of this agreement. Buyer submits to the jurisdiction of Catikrnia and agrees that any Atigaton between to parties must be commenced and mekdelred exclusively In the State of CallbMa and In lie Courtly of Mendocino 11. DVS'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees the( DVS is authorized and pemnmed to Subcontract any services to be provided by DVS to Mid parties who maybe Independent of OVS. and NO DVS soli not be latae for any lens or damage Sustained by Buyer by mason of fire. theft. burglary or arty other cause vMWsoever caused by to milligram of third Inas and that Buyer sopokts DVS to ad as Buyers agent with respect to such third parties, except that DVS shell not obligate Buyer to make any payments to such third gabs. DVS son be permitted to assign this contract aro upon such assignment shalt have to 4~ obligation hereunder. Buyer acknowledges that this agreemea, and prticuieriy those paragraphs mlatng to DVS's dscialmer d warranties. exemption from liability, awn for As negligence, lfmlfaim of liability and Indemnification. knee to the beats of and are applicable to any assignee, subcoaraetaa and communication poem of DVS. 12. NON -SOLICITATION. Buyer agrees that It win not sogdt for employment for Itsen, or any other entity. or employ, In any capacity any employee of DVS assigned by OVS to perfbnn arty cervica for or on behalf of Buyer ler a period of two years after DVS has completed providing Sella to Buyer. in the event of Buyers violation of this pmvsion. In addition to haaldive relief, DVS shun recover front Buyer an amount equal to such employee's nary based upon the average three months precedhg employee's termination of employment with DVS, films twelve, together with OVS's coumel and expert witness less. 13. SECURITY INTEREST/COLLATERAL: To secure Buyer's obligations oder this agreement Suver grams DVS a security Interest In the equipment Installed by OVS and OVS Is authorized to file a financing statement 14. FULL AOREEMENTISEVERABILITY: This agreement itoget er with all exhibits, documents, andfor insuurmms attached herelo) Consul to full and complete agmemed and understanding between the paNas hereto and shall supersede and contra any and all prbrwngen ardfor oral representation, underalanfi gs, ardfwagmernenls cooarniog the subbed matter d this agreement. This Ogreamerd may not be amended, modified, orcancelled urges done so in writing, except that In to everd DVS Issues a UL ceffmate to Buyer, DVS will mnply with Lkah rwslam Laboratory Inc. or any local law requirements regarding Items of prdectbn provided for In vets agreement This contract shall be governed by Io laws of the Sate of Callfomta. Arty amendment or moddicatlan of this agreement must be signed by bah parties hereto Any cancellation of this agreement nest be signed by the party amcellhg the agreement. Should any provision duds agreement be deemed void or unenforceable, all other provisions win remain in full bra and Strad. 13. RIGHT TO FILLED CONTRACT BEFORE COMMENCEMENT OF WORK. You, the buyer, are Shifted to a completely Aged in copy of this agreement, signed by both you and the contractor, before arty wok maybe started 14. MECHANIC'S LIEN WARNING. Anyone who helps improve you property, but who is not paid. may record what is abed a mechanics' lien on your property. A mekharda' lien Is a claim, Ike a mortgage or Mme equity ban, mento against your popery and recorded with the county recorder. Even If you pay yam contractor in Ain, unpaid abmnbadas, supplies and who heipd to Improve your popery may record mechanics' Acs and sue you b court to foreclose the gen. Its court Inds the Ian fe veld, you mut be broad to pay Mtee a hew a cad art da r sen yo r home to pay the gen Liens an stw aged you rmdit To presen9 their dohs to record a Ian, each subcontractor and material Supplier mat provide you with a document called a '20dsy Pref nWary Notice.' This notice Is not a Nan. The purpose of to notice Is to let you know that the person who sands you the nuke has the right to record a Ian on yam property if he or she is not paid. The Preliminary Notice can be sent up to 20 days ager the subcontractor sans wok or to supplier provides material. This an ben big problem i1you pay yourcontractor before you have recekred the PrelkniraryNcnlees. You win rd Net Preliminary Notices from you prime contractor or from abaers who wodc on your project The law assures that you already know They are kmpraviog yon usbcwntwdan sand work a . You can proted Yawned enn these sm Hans uppl iers, Pers dativSI from erd goodsormaterials.contruCtor f elThen wait l the m days, Paying attention the Preliminary Nand material suppliers that work onoticyou es lve out hoot t our ted youn when these with a join check. When yon contradw tells you M s time to pay for the work d a anLmntractor a Supplier who has Preliminary �' One 'to paled y" to b to pay pScant you with a Pregminery Naka, write a hint tit SD payable L both the contractor and the subcontractor a maletial supplier. Fa cion ways to pews Ilona, vial Comrade's Sate Licensing Boaro'c Web site a www.eSlfb.a.gov w all CSLB anib-321-CSCR (2752). REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME This can mean that you may have to pay twice, or as the forced sale of you lame to pay what you awe. 17. RELEASE OF MECHANIC'S LIEN: Assuning OVS records a mechanic's gen, upon Satisfactory payment being made for the walk that Is performed oder this contract to DVS. DVS will idly and unco dNbmny release to Buyer hum any claim or nedwW$ Ian pursuant to Section 3114 of the CMI Code for that portion of the work forwhich payment has been made. 1& DEFINING START DATE: Installation oder this contract will be deemed to commence up DVS entering lie premises whoa the eiedrenic security System andlor fire equipment "am is to be Istaned and afther. a) removing part or para of tbe watl, citing or floor to either access wiring or perform other necessary asks In regards to making the eledronk: seaxty system aMfar Ane equipment system operrallonal; b) affndng an efeetatc nodally system SrWot Am equipment system on he wall, roof or caAng; e) flaking an operational electronic security system andfer fire equipment system that Is not arfad to the wag. Ceiling or moor 19. EXTRA ORDERS OR CHANGE OF ORDERS: Extra Work and Change Orders become part of Has contract are the oder is prepared in writing and signed by the parties prior to the commencement Bary work covered by the new change order. The ado must describe On amp of lie extra work or change, the cost to be added or smbtracted from it* contract. ad to aged Ito order Will have on the schedule of progress payments. The Buyer may not require a contractor to perform extra or charge -oda work without providing written authorization prior to the mmmercemem of any work covered by to new charge order. Tim extra wok order or change of order Is not enforceable against to Buyer unions the writlen extra work or change order kcludes: (1) tte scope of web encompassed by the order; () the amount to be added or subtracted from the contract (nu) the eSed the order will make in the progress; payments or the completion data, A Buyers laguns to comply with the requirements of this paragraph does not Preclude the recovery of compensation ler wok performed basad upon legal or equtabfe remit I dodged to Prevent +bite% Department of Consumer Affairs, Sacramento, CA 95814 License No: AC03195 VOGT TECHNOLOGY, INC., doing business as DEEP VALLEY SECURt_T`: 960 N. State Street, Ukiah, CA 95482 (707)462-5200 CENTRAL OFFICE MONITORING CONTRACT This agreement is made this 24TH day of JANUARY , 2018, by and between VOGT TECHNOLOGY, INC., doing business as, DEEP VALLEY SECURITY (hereinafter referred to as'OVS','Contractce, or'Alarm Company') and CITY OF UKIAH iWAREHOUSEI (hereinafter referred to as the 'Subscriber' or *Buyer"). Location of premises where communication software & security equipment is installed: 1350 HASTINGS RD. UKIAH, CA 95482 Phone Number. WHEREAS, Subscriber owns of leases an electronic security system & desires central office monitoring service, the parties agree as follows: 1. CENTRAL OFFICE MONITORING SERVICE: Upon receipt of a signal from the communication software. DVS or Its designee communication center shall make every reasonable effort to notify Subscriber & the appropriate municipal police or Ore department. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of DVS or DVS's designee uommuniratbn center & DVS doe: not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges Ural slgnais which are transmitted over telephone lines, wire, airwaves or other modes of conmmunicallon.pass through communication networks wholly beyond the contrbi of DVS & are not maintained by DVS&, therefore, DVS shaft not be responsible for any failure which prevents transmission signals fromfesching the.central Ace monitorT[.g center or damages adain there from. Subscriber agrees to furnish DVS with a written list of names & telephone numbers of those persons Subscriber wishes to receive ratification of alarm signals. All changes & revisions shall be supplied to DVS In writing. Subscriber authorizes DVS to access the control pane to Input or delete data & programming. If the equipment contains listening devices permitting central office to monitor sound then upon receipt of an alarm signal central office shall monitor sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. 0 Subscriber requests DVS to remotely activate or deactivate the system. change combinations, openings or closings, or re -program system functions, Subscriber shall pay DVS $50.00 for each such service. DVS may, without prior notice, suspend or terminale its services, in central slatfon's sole discretion, in event of Subscriber's default in performance of this agreement or in event central station facility or communication network Is nonoperallonal or subscriber's alarm system is sending excessive false alarms. Central station is authorized to record & maintain audio & video transmissions, data & communications, and shall be the exclusive owner of such property. 2. DESCRIPTION OF SERVICE & EQUIPMENT VALUE: Initial service provided: X Monitoring X Service _Cell Prknary _High Speed Internet Monitoring Approximate date of installation: TBD Estimated date for completion: TBD Failure to substantially commence work within 20 days from the approximate date specified in this agreement is a violation of the law. 3. INSTALLATION, RENTAL, & SERVICE CHARGES: Subscriber agrees to pay DVS: The sum of 552.95 , per month, payable ONE MONTH in advance for monitoring and/or servicing of the communication software for the term of _A_ years commencing on the first day of the month next succeeding the date hereof, and continuing monthly thereafter, all payments being due on the first of the month WAIVER OF WARRANTIES THERE ARE NO WARRANTIES WHICH EXTEND BEYOUND THE DESCRIPTION ON THE FACE HEREOF. DVS HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND/OR ANY WARRANTY OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE. DVS DOES hM REPRESENT OR WARRANT THAT THE ELECTRONIC SECURITY SYSTEM WILL PREVENT ANY LOSS, DAMAGE OR INJURY TO ANY PERSON AND/OR ANY PROPERTY. DVS DOES NOT REPRESENT OR WARRANT THAT THE ELECTRONIC SECURITY SYSTEM WILL PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. BUYER ACKNOWLEDGES THAT DVS IS NOT AN INSURER; AND, IT IE BUYER'S SOLE AND EXCLUSIVE RESPONSIBILITY AND OBLIGATION TO OBTAIN AND MAINTAIN PROPER INSURANCE COVERAGE FOR ALL RISKS OF LOSS OR DAMAGES TO THE PREMISES, ITS CONTENTS, AND ANY PERSON(S) LOCATED THEREIN OR THEREON. BUYER ASSUMES ALL RISK FOR LOSS OR DAMAGE TO BUYER'S PREMISES, ANY PROPERTY LOCATED THEREIN OR THEREON, AND/OR ANY PERSON LOCATED THEREIN OR THEREON. BUYER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACTOR PROMISE MADE BY ANY REPRESENTATIVE OF DVS SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS SAID AFFIRMATION OF FACTOR PROMISE IS EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT. BUYER IS NOT RELYING ON DVS'S SKILL OR JUDGMENT IN SELECTING OR FURNISHING A SYSTEM SUITABLE FOR ANY PARTICULAR USE OR PURPOSE. BUYER ACKNOWLEDGES THAT DVS HAS OFFERED ADDITIONAL AND MORE SOPHISTICATED EQUIPMENT FOR AN ADDITIONAL CHARGE WHICH BUYER HAS DECLINED. DVS SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES SUSTAINED OR SUFFERED BY BUYER OR ANY OTHER PERSON THAT ARE ALLEGED TO HAVE BEEN CAUSED BY A BREACH OF THIS AGREEMENT BY DVS OR OTHERWISE ARISING OUT OF THIS AGREEMENT. BUYER'S EXCLUSIVE REMEDY FOR DVS'S BREACH OF THIS CONTRACTOR NEGLIGENCE TO ANY DEGREE UNDER OR ARISING OUT OF THIS CONTRACT IS TO REQUIRE DVS TO REPAIR OR REPLACE, AT DVS'S OPTION, ANY EQUIPMENT WHICH IS NON -OPERATIONAL. SEE ADDITIONAL PAGES OF THIS CONTRACT FOR ADDITIONAL TERMS AND CONDITIONS OF THIS SALE WHICH ARE PART OF THIS CONTRACT. READ THEM BEFORE YOU SIGN THIS CONTRACT. BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION. Vogt Technology, Inc., YOU, THE d.b.a. D Valley Sew OF THE 1 ATTACHEI By: 1/24118 Date Subs er S s bar Agrees to have its credit card automatically for all charges under fids contracL Print Full N Credit Card #• 11 Security Code: . Expiration Date: Mastercard Visa American Express Cardholders Name (As It appears on credit card): (for residential customers only) NOTICE OF CANCELLATION MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT ISiNESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE OF CANCELLATION FQFM FOR AN EXPLANATION OF THIS RIGHT. Tax ID SS# or EIN Type & Jurisdiction of organization & ID, if any The undersigned personalty guarantees subscribers performance of this agreement Billing Address: Signature (Name must be print halo ) Social Security Number ame a r ss rnwx c yr c e. COMMUNICATION SOFTWARE REMAINS PERSONAL PROPERTY OF DVS: The communication software and equipment. together with lawn signs it decals, shag remain the sate personal property of DVS and stall not be considered a fixture ora Part of the realty. Subscriber shag not permit the attachment thereto of any apparatus furnished by DVS. I the communication equipment Is part of the instrument panel then the chip or software programmed to transmit a signal shall be teased, remain DVS's property. and all reference In this agreement to communication software slag be deemed to be the chip andlor software. Passcode to CPU software remains properly of DVS. Provided Subscriber performs this agreement for the full term thereof, upon termination DVS shall at Its option provide to Subscriber the passcode to the CPU software or change the passcode to Na manufachrees default code. 5. TERM OF AGREEMENT: RENEWAL INCREASE: The term of this agreement slag be for a period at one (3) years d stall automatically renew for month to month perlods, the first of such renewal pedods to continence upon date of the expiration of the original Agreement unless either panty shag nobly the other, In writing, no less than thirty days prior to the expiration of the original Agreement or the expiration of any renewal periods, of the desire to temonate this Agreement DVS shall be permitted, from time to time to Increase the mentioning charge by an amount rat to exceed nine percent each year & Lessee agrees to pay such increase as invoiced. S. CARE OF EQUIPMENT: Subscriber agrees not to lamper with. remove or otherwise Warfare with the Communication software which shag remain In the same (oration as Installed b Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of any painting, alteration. mmodeikg or damage. Including damage caused by unauthorized tnnasion to the premises, RghInlrg or electrical surge. except for ordinary wear 5 tear during the warranty period. In which event repair or replacement shag be made by OVS without addbfonal change. 7. ALTERATION OF PREMISES FOR INSTALLATION: DVS Is authorized to make preparations such as drift hales, driving nags, making attachments or doing any other thing necessary In DVS's sole discretion for the Installation and serviced the equipment and DVS shag not be responsible for any condition created thereby as a result or such Inslallabon, service, or removal of the equipment and Buyer represents that the owner of the premises, if Other then Buyer. authorizes the installation of Na equipment under ria (ems of this agreement. 8. BUYER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyeragreas to furnish, at Buyer's expense, all 110 Volt AC power and electrical outlets and receptacles, telephone hookups. RJ31 x Block or equivalent. Intermit connection, high speed broadband cable or DSL and IP Address, as deemed necessary by DVS. 9. TESTING AND SERVICE OF COMMUNICATION SOFTWARE: The parties hereto agree that the security equipment once instated, is in due exclusive possession and Comtrd of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the security equipment and to notify DVS It any equipment Is in need of repair. DVS shag not be regdned to service the security equipment If Subscriber Is in default and unless it has received notice from Subscriber, and upon such notice. DVS shall Service the security equipment toga best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays. during the business hogs of 9 a.m. and 5 p.m. Subscriber agrees to test and Inspect the Security equipment and to advise OVS of any defea error or omission In the security equipment. In the event Subscriber canples with lice leen of sus agreement and DVS fails to repair Ne security equipment within 36 hours after notice is given. excluding Saturdays. Sundays. and legal holidays, Subscriber agrees to send notice that the security equipment is In need of repair to DVS. In willing, by aerOfed or registered mag, return receipt requested, and Subscriber shall not be responsible for payments due white the security equipment remains Inoperable. In any lawsuit between the parties In which the condition or operation of the security equipment Is in Issue. the Subscriber shag be precluded from raising the Issue that the security equipment was not operating unless the Subscriber can produce a post office canifed or registered receipt signed by DVS. evidencing that service was requested by Subscriber. 10. DELAY IN INSTALLATION: DVS shall not be gable for any damage or loss sustained by Subscriber as a result of delay in Installation Of equipment, equmgment fallum, or for interruption of service due to electric falkre, sUgms, walkouts, war, acs of Gad, or other calces, Including DVS's negligence or failure to perform any obligation. The estimated date work Is to be substantially completed is not a definite completion date and time is not of the essence. 11. FALSE ALARMS/PERMIT FEES: Buyer is responsible for all alarm permits and permit fees, agrees to file for and melraain any permits required by applicabie law and AHJ and Indemnify or reimburse DVS for any Ones relating to permits, code Compliance or false alems. DVS shall have no liability for permit fees, false slams, false alarm fines. police or fire response, any damage to personal or real property or personal Injury caused by police or fire departhim response to ahem, whether false abet or 001erwiee, or the refusal of the police or five department to respond. M the event of termination of police or Are response by the municipal police or fire department this Contact shall nevertheless remain In Wil (once and Buyer shell remain Debts for all payments provided for herein. Should DVS be required by existing or hereinafter enacted law or AHJ to perform any service or furnish any materiel not specifically covered by the terra of this agreement Buyer agrees to pay DVS in advance for such service or material. 12. INDEMNnYANAIVER OF SUBROGATION RIGHTSIASSIGNMENTS: Subscriber agrees b and shag Indemnify and hold harmless. Vogt Technologies and Communications, Inc., d.be. OVS, IIs officers, directors, shareholders, agents. employees, and subcorWactbrs gam and against and claims made against Nem for damages and/or losses. Inducting those brought by third parks or Subscriber, which shag Inckrde all reasonable attorney lees, costs, and expenses associated with defending any such claims for damages andfor bases asserted against and alleged to be caused by DVS's perfomanfe, negligent performance. or failure to perform any obligation arising out of tits contrast stud, said indemnification or Vogt Tecxaloglec and Comnxrdcalbns, Inc.. d.b.a. DVS, its officers, directors. shareholders, agents, employees, and subconradors shag Include the payment by Subscriber or any and all damages or tosses by way of astilemem. judgment, or otherwise that arise out of any assertions against and alleged to be caused by DVS's pet lon ance, negligent performance, or fallurs to Worm any obligation arising Out of this centract. Subscriber on hlaDarAts behalf and on behalf of hisRarfirs insurance canter waives any right of subrogation that Subscrbes's Insurance Cartier may otherwise have against Vogl Technologies and Communications, Inc., d.b.a. DVS, its officers, directors, shareholders, agents, employees, and subcontractors arising out of this agreement or the rotation of the parties hereto. The parties hereto agree that Nene are no third party beneficiaries of this Contract Subscriber shall nal be pemltled to assign this agreement without written consent of DVS. OVS 0011 have the right to assign this contract and shag be relieved of any obligation created herein upon such assignment 13. EQUIPMENT IS NOT A FIXTURE: DVS and Buyer agree that the equipment, anoe Installed, does not become the personal property of the Buyer, that the equipment Is not permanently allached to the really and shag not be deemed fixtures. 1e. INSURANCE: Buyer agrees that DVS Is not an Insurer and no Insurance coverage Is offered herein. The equipment Is designed to reduce certain risks of less, 0lough DVS does not guarantee that no loss will occur. DVS Is not assuming IlablHy, and, therefore shag not be Rabb to Buyer dor arty less, personal Injury or property damage sustained by Buyer as a result of fire. smoke or water, equipment failure, or any other cause, whatsoever, mOOMIess of whether or not such less or damage was caused by or contributed to by DVS'S negligent performance, fallure to perform any obligation or strict products RablOty. Buyer releases OVS from any delms for contribution. Indemnity or subrogation. The Buyer shag maintain policies of liability, property damage, and fire insurance under which OVS and the Buyer am named as Insured, and ander which the Insurer agrees to indemnify and MW DVS harmless from and agaInsl all costs, expenses Including attorneys' fees and liability arising out of or based upon any and all dakns. injuries and damages arising out of this agreement Including, but not limited to, base Balms, Injuries and damages contributed to by DVS's negligent performance to any degree or Its faikxe to perform any obligation. The minimum limited gadOly dmf such Insurance shall be one million dollars for any" jwy or deaf, and property damage In an amount necessary to Indemnify Buyer for property an its premises. DVS shall not be responsible for any portion of any loss or damage which Is recovered or recoverable by the Buyer from Insurance covering such loss or damage or for such bas or damage against which the Buyer is Indemnified or insured. 15. LIMITATION OF LIABILITY: Buyer agrees that should there arise any liability on the part of DVS as a result of DVS'S negligent performance to any degree, failure to perform any of DVS'S obligations, equipment failure or strict products Rabgky, that DVS'S liability shall be limited to the sum Of $250.00 or 5% of the sales price, whichever is greater. If Buyer wishes to Increase OVS'S maximum amount of DVS'S limitation of liability, Buyer may, as a matter of right, at any time, by entering Into a supplemental contract obtain a higher limit by paying an annual paymen consonant with DVSS Increased Bablilty. This shag not be Construed as Insurance coverage. 141. LEGAL ACTION: In the even DVS Instill Legal action to recover any amounts owed by Buyer to OVS hereunder, the parties agree that the amount to be recovered, and any Judgment to be entered, shag Include Interest at the rate of one and ora -hag percent (1112%) per month Aran the date payment is due. Should OVS Institute an action or proceeding to recover amounts due from Buyer under this Contract the prevailing party shall be entitled to recover reasonable anomays fees and coats associated therewith. The paNes waive Wal by Jury in any action between there, in any action commenced by DVS against Buyer, Buyer shag not be permitted to Interpose any counterclaim. Any action by Buyer against OVS must be commenced within one year of the accrual of the cause of action or It shall be barred. All actions or proceedings against DVS must be based on the provisiaa W tits agreement Any other action that Buyer may have or bring against DVS In reaped to other services rendered In connection with this agreement shall be deemed to have merged In and be restricted to the terns and conditions of this agreement Buyer subnils to the jurisdiction of Cagfenle and agreef Nat any fitigatien between the parties must be commenced and maintained exclusively In the State of California and In the County of Mendocino. 17. DVS'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees that OVS Is au0orized and pemltted to subcontract any services to be provided by DVS to third parties who maybe Independent of OVS, and that DVS shag not be liable for any loss or damage sustained by Buyer by reason of fire, theft. burglary or any other cause whatsoever caused by the negligence of third parties and that Buyer appoints DVS to act as Buyer's agent with rasped to such third parties, except Nat DVS shall not obligate Buyer to make any payments to such NW parties. DVS shag be permitted to assign this contract and upon such assignment shall have no further obligation hereunder, Buyer acknowledges that this agreement and paNcurady Nose paragraphs retailing to DVS's disclaimer of warranties, exemption from liabift. even for its negggence. limitation of Ihbigty and IndmmnlieatioR Inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of DVS. 18. NON -SOLICITATION. Buyer agrees Oat It will not soRcft ler employment for Itself. or any other entity, or employ, In any capacity any employee of DVS assigned by DVS to perform any Service for or on behalf of Buyer for a period of two years after DVS has completed providing service to Buyer. In the event of Buyer's violation of this provision, In addition to Injunctive relief. DVS shall recover from Buyer an amount equal to such employee's salary basad upon the average tree months preceding enpbyee's termination ofemployment with DVS, times "Iva, together with DVS's counsel and expertwwInesS fees, It. SECURITY INTERESTICOLLATERAL• To secure Buyer's obligations under this agreement Buyer grants DVS a security Interest In the equipment insisted by DVS and OVS Is authorized to file a financing statement 2g. FULL AGREEMIENTISEVERABILITY: This agreement (together with all exhibits, documents, and/or frutruments attached hereto) ConsNutes the fug and Complete agreementand understanding between the parses hereto and shall supersede and control any and all prior written and/or oral representations, understandings, and/or agreements concerning the subject matter n ties agreement. This agreement may not be amended, modified, or cancelled users done so In writing, except that In the event DVS issues a UL car ifieate to Buyer. DVS will comply with Underwriters Laboratory Inc. or any local law requirements regarding Items of protection provided for in this agreement This contract shall be governed by the laws of the Stale of California. Any amendment or modification of this agreement must be signed by both paries hereto. Any cancellation of this agreement must be signed by the party cancelling the agreement. Should any provision of nits agreement be deemed Vold or unenforceable, all other provisions will remain In full force and effect. 21. DELINQUENCY; RECONNECT CHARGES; INTEREST: In the event any payment due hereunder is more than ten (10) days delinquent Company may impose and collect a delinquency charge of 0.83% per month (10% per annum) of Oro amount of the dellnpency. 9 the alarm system Is deactivaled because of Subscriber's past due balance, and If Subscriber desires to have system reactivated. Subscriber agrees to pay In advance to Company a reconnect charge to be fixed by Company In a reasonable amount. 22. CHANGE IN OWNERSHIP OF SUBSCRIBER'S PREMISES: Subscriber acknowledges that the sale or transfer of Subscriber's premises Shall not relieve Subscriber W his duties and obligations under this agreement Subscriber may not assignor permit anyone to take subject to this Agreemet without the written consent of Conpany.