1. ACKNOWLEDGEMENT. I ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING: (A) THIS CONTRACT CONSISTS OF SIX (6) PAGES. BY SIGNING THE FIRST PAGE OF THIS CONTRACT, I HAVE READ, UNDERSTAND AND AGREE TO EACH AND EVERY TERM OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO PARAGRAPHS 6, 10 AND 19 OF THE TERMS AND CONDITIONS.
(B) THE INITIAL TERM OF THIS CONTRACT IS FOR THAT PERIOD INDICATED ON PAGE 1 (WHICH SHALL BE THREE (3) YEARS IF NONE IS INDICATED).
(C) DEALER IS NOT A SECURITY CONSULTANT AND CANNOT ADDRESS ALL OF MY POTENTIAL SECURITY NEEDS. DEALER HAS EXPLAINED TO ME THE FULL RANGE OF EQUIPMENT AND SERVICES THAT DEALER CAN PROVIDE ME. ADDITIONAL EQUIPMENT AND SERVICES OVER THOSE IDENTIFIED IN THIS CONTRACT ARE AVAILABLE AND MAY BE PURCHASED FROM DEALER AT AN ADDITIONAL COST TO ME. I HAVE SELECTED AND PURCHASED ONLY THE EQUIPMENT AND SERVICES IDENTIFIED IN THIS CONTRACT.
(D) NO ALARM SYSTEM CAN PROVIDE COMPLETE PROTECTION OR GUARANTEE PREVENTION OF LOSS OR INJURY. FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL PROBLEMS AND OTHER INCIDENTS ARE UNPREDICTABLE AND CANNOT ALWAYS BE DETECTED OR PREVENTED BY AN ALARM SYSTEM. HUMAN ERROR IS ALWAYS POSSIBLE, AND THE RESPONSE TIME OF POLICE, FIRE AND MEDICAL EMERGENCY PERSONNEL IS OUTSIDE THE CONTROL OF DEALER. DEALER MAY NOT RECEIVE ALARM SIGNALS IF COMMUNICATIONS OR POWER IS INTERRUPTED FOR ANY REASON.
(E) DEALER RECOMMENDS THAT I MANUALLY TEST THE ALARM SYSTEM MONTHLY AND ANY TIME I CHANGE TELEPHONE SERVICE.
2. PAYMENTS; TERM; CONSUMER REPORT. All charges are payable in advance. The Initial Term of this Contract is indicated on Page 1 (which shall be Three (3) years if none is indicated). Dealer’s alarm monitoring and notification services will begin when the equipment is installed of the contract, operational and communicating with Dealer’s Customer Monitoring Centre (“CMC”). For Nova Scotia residents only, you will be provided with a written notice between thirty (30) and sixty (60) days before the expiration of the Initial Term. Services will continue to be provided by Dealer under the terms of this Contract on a month to month basis after the expiration of the Initial term, until terminated by either party in writing with at least 30 days prior written notice. If terminated, this Contract ends on the last day of the then-current term. I authorize Dealer to obtain a non-investigative consumer report, commonly referred to as a credit check or credit report, about me from a consumer reporting agency at any time during the term.
3. EARLY TERMINATION OF THIS CONTRACT. I AGREE THAT THE CHARGES DUE UNDER THIS CONTRACT ARE BASED ON MY AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR THE INITIAL TERM INDICATED ON PAGE 1 AND THAT DEALER HAS RELIED UPON MY AGREEMENT AND HAS INCURRED COSTS IN DECIDING TO ENTER INTO THIS CONTRACT SUBJECT TO THE “BUYER’S RIGHT TO CANCEL” ON PAGE 3, IF I CANCEL SERVICE OR OTHERWISE TERMINATE THIS CONTRACT DURING ITS INITIAL TERM, OR IF DEALER CANCELS THIS CONTRACT DURING ITS INITIAL TERM FOR A REASON SET FORTH IN PARAGRAPH 20(B) BELOW, I WILL PAY DEALER SEVENTY-FIVE PERCENT (75%) OF THE TOTAL REMAINING MONTHLY CHARGES AS AN ALTERNATIVE TO ME HAVING TO PAY THE FULL REMAINING CHARGES. THIS AMOUNT IS A CONTRACT TERMINATION CHARGE AND IS NOT A PENALTY. THE AMOUNT IS PAYABLE IMMEDIATELY IN FULL. NO CONTRACT TERMINATION CHARGES ARE DUE IF I TERMINATE, OR IF DEALER CANCELS, DURING THE 10 DAY PERIOD SET FORTH ON PAGE 3 OR THIRTY (30)-DAY RENEWAL PERIOD(S). FOR NOVA SCOTIA RESIDENTS ONLY, IF I CANCEL THIS CONTRACT AFTER THE FIRST 10 DAYS FROM THE START OF THE CONTRACT AND BEFORE THE END OF THE INITIAL TERM, OR IF DEALER CANCELS THIS CONTRACT DURING THAT SAME PERIOD FOR A REASON SET FORTH IN PARAGRAPH 20(B) BELOW, I WILL PAY DEALER AN AMOUNT EQUAL TO THE FAIR MARKET VALUE OF THE GOODS/EQUIPMENT PROVIDED UNDER THE CONTRACT (SEE SECTION 2), PRORATED BY THE TIME REMAINING UNTIL EXPIRATION OF THE INITIAL TERM.
4. INCREASES IN CHARGES. Dealer has the right to increase the annual service charge at any time after the end of the initial term of the Contract. Such increase shall be at a rate of up to 5% per year, and can be prorated for any period longer than 12 months. If I object in writing to the increase within thirty (30) days of receiving notice of the increase, and if Dealer does not waive the increase, then I may terminate this Contract effective thirty (30) days after Dealer’s receipt of my written notice of termination.
5. ADDITIONAL CHARGES AND OFFSET RIGHTS. I agree to pay all construction/alarm use permit fees; all directly or indirectly imposed false alarm fines, fees or charges; all telephone or signal transmission company charges; and all other assessments, fees, taxes (example: an increase in GST) and charges related to the alarm system. I agree to pay a service charge if an Dealer representative responds to a service call or alarm at my premises because I improperly followed operating instructions; failed to properly lock or close a window, door or other protected point; or improperly adjusted CCTV cameras, monitors or accessories at Dealer’s standard applicable rates that are available by calling Dealer (and for ADT by calling 800.567.5675). If Dealer owes me money when this Contract ends, Dealer has the right to deduct from any refund owed me (A) service charges for thirty (30) days, if I fail to give the required written termination notice set forth in Paragraph 2 above; (B) any contract termination charges that I may owe as set forth in Paragraph 3 above; and (C) any other additional charges, amounts or deposits that I owe Dealer. If the amount of the deduction equals or exceeds the amount that Dealer owes me or if Dealer owes me a credit of five dollars ($5.00) or less, Dealer will not be obligated to refund any amounts to me.
6. LIMITATION OF LIABILITY. (A) INSURANCE; WAIVER OF SUBROGATION. I AGREE THAT DEALER IS NOT AN INSURER AND THAT DEALER IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. THE AMOUNTS I PAY DEALER ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF MY PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS DEALER CHARGES ME ARE BASED SOLELY UPON THE VALUE OF THE EQUIPMENT AND SERVICES DEALER PROVIDES AND UPON THE LIMITED LIABILITY DEALER ASSUMES UNDER THIS CONTRACT. IF I WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO DEALER TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST DEALER ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
(B) NO GUARANTEE; NO LIABILITY. DEALER’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY AND/OR QUALITY SERVICE PLAN SET FORTH IN PARAGRAPHS 10 AND 11 BELOW, DEALER MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. DEALER DOES NOT UNDERTAKE ANY RISK THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME, NOT DEALER. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST DEALER FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY DEALER.
(C) EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY DEALER TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I ATTEMPT TO HOLD DEALER LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 6, DEALER IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES AND/OR EQUIPMENT PROVIDED BY DEALER, DEALER’S LIABILITY TO ME SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $250, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS MY SOLE REMEDY. UPON MY REQUEST, DEALER MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH 6 BY ATTACHING AN AMENDMENT TO THIS CONTRACT SETTING FORTH THE EXTENT OF DEALER’S LIABILITY AND THE ADDITIONAL CHARGES TO ME.
(D) APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 6 APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY DEALER OF ITS OBLIGATIONS UNDER THIS CONTRACT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF DEALER, ITS AGENTS OR ITS EMPLOYEES.
(E) INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST DEALER IN ANY WAY RELATED TO THE EQUIPMENT OR SERVICES PROVIDED BY DEALER TO ME, I AGREE TO INDEMNIFY, DEFEND AND HOLD DEALER HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND LEGAL FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST DEALER AND REGARDLESS WHETHER DEALER HAS BEEN FOUND LIABLE OR WHETHER DEALER HAS INCURRED ANY EXPENSE.
(F) TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST DEALER MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR.
(G) BENEFIT TO OTHERS. THE PROVISIONS OF THIS PARAGRAPH 6 SHALL APPLY TO AND BENEFIT DEALER AND ADT AND THEIR RESPECTIVES, AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS. I further understand that Dealer shall in no way be liable for losses, costs or damages that I suffer or incur due to the failure or refusal of a police, ambulance or fire department or of security guards or of any other body to take action in the event of an alarm that is conveyed to them by Dealer, including a suspension of emergency services following false alarms. In the event of a suspension or cancellation of a response from the police, ambulance or fire department, the parties agree that this Contract shall remain in effect and that Dealer shall continue to provide its remote monitoring services and I undertake to continue paying all services charges to Dealer.
7. OTHER PARTY’S LIMITATION. IF I PURCHASED EQUIPMENT OR SERVICES FROM DEALER THROUGH ANOTHER BUSINESS OR PERSON, OR FROM DEALER THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, I AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO ME FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR SERVICES PROVIDED BY DEALER. I ALSO AGREE THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS DEALER UNDER THIS CONTRACT, INCLUDING PARAGRAPH 6.
8. OWNERSHIP. All equipment installed by Dealer pursuant to this Contract shall be owned by Dealer unless Dealer has agreed to give me ownership of the equipment in a separate written agreement. If there is existing, previously-installed equipment and it is my property, it shall remain my property. If any equipment is owned by Dealer, Dealer has the right upon termination of this Contract to remove, disable or abandon all or any of the equipment owned by Dealer. If any equipment is disabled or removed by Dealer, I understand that I will not be able to use the equipment for any purpose. I will provide Dealer access to Dealer-owned equipment for removal, and Dealer will have no obligation to repair or redecorate my premises after any such removal. I agree to pay any unpaid charges that I owe, even if Dealer removes Dealer-owned equipment. All Dealer yard signs and window stickers provided to me at any time will remain the property of Dealer and may be removed by Dealer. If applicable, Dealer will attempt to connect the existing, previously-installed alarm system to Dealer’s monitoring center. Prior to connection, Dealer has the right to inspect my system and my premises to determine eligibility for Extended Limited Warranty/QSP coverage and may notify me of any required repair/replacement costs related to the existing alarm system, device(s) or connection. If I decline to pay such repair/replacement costs, Dealer is not obligated to connect to the existing alarm system and may terminate this Contract without liability to Dealer. If the existing alarm system is connected to Dealer’s monitoring center, Dealer will have no liability for the maintenance, operation, non-operation, actuation, non-actuation or erroneous actuation of the existing alarm system, connection or device(s), and any repairs will be performed on a time and material basis by Dealer, subject to available parts, except for repairs/replacements covered by Extended Limited Warranty/QSP coverage if such coverage is provided under this Contract.
9. INSTALLATION. In order for Dealer to install and service the equipment listed on the second page of this Contract, I agree that: (A) I own the premises or have authority to authorize Dealer to install the alarm equipment at the premises and have requested the equipment/services specified in this Contract for my own benefit and not the benefit of any third party;
(B) I will make the premises available without interruption during Dealer’s Normal Working Hours (as defined in Paragraph 10 below) and will maintain the premises in a safe and sanitary condition suitable for work to be performed by Dealer’s representatives without jeopardizing their health or safety;
(C) the installation will require drilling into various walls and other parts of the premises;
(D) I will provide Dealer with 110 AC electrical outlets for power equipment in locations designated by Dealer;
(E) I will make arrangements for lifting and replacing carpeting, if required, for Dealer’s installation of floor mats or wiring;
(F) Dealer may not be able to conceal any or all equipment or wiring;
(G) Dealer will not be liable for property damage, personal injury, illness or other loss due to water intrusion, mold, fungi, wet or dry rot or bacteria that may result from the installation services; and (H) I will comply with all laws, codes and regulations pertaining to the equipment/services that are the subject of this Contract.
10. LIMITED WARRANTY. During the first 90 days after installation, Dealer will repair or, at its option, replace any defective part of the alarm system, including wiring, and will make required mechanical adjustments, all at no charge to me. Dealer will use new or functionally operative parts for replacements. This limited warranty is for my benefit only and may not be enforced by any other person. This limited warranty gives me specific legal rights. The laws of the province where this Contract was signed may also give me additional rights. To order service call 888.Dealer.ASAP (888.238.2727). Service pursuant to this warranty will be furnished only during Dealer’s normal working hours, 8:00 AM to 4:30 PM, Monday through Friday, except holidays, or such other times as Dealer may determine in its sole discretion (“Normal Working Hours”).
11. EXTENDED LIMITED WARRANTY/QUALITY SERVICE PLAN (QSP). If I purchase Dealer’s Extended Limited Warranty, which is called the Quality Service Plan or QSP, Dealer will repair or, at its option, replace any part of the alarm system installed by Dealer that requires repair or replacement due to ordinary wear and tear or malfunction, excluding batteries. Dealer will use new or functionally operative parts for replacements. If I require services or parts excluded from the QSP (see Paragraph 12 below for exclusions), then Dealer will provide the services or parts at its current labour rate plus applicable equipment charges. The QSP and the billing for it will commence on the date the alarm system is installed, operational and communicating with Dealer’s CMC and will continue for the term of this Contract. The QSP may be terminated (a) by either party after nine months from the date of expiration of the Limited Warranty upon not less than 30 days’ prior written notice to the other party, or (b) immediately and without further action upon the termination of the alarm monitoring services provided pursuant to this Contract. If I purchase the QSP after the initial system installation, the alarm system must be in good working condition at the time I purchase the QSP. To obtain service under this QSP, I can call or write my local Dealer Service Department at 800.567.5675. It is mutually agreed that the work of installation and repairs of the system under the QSP shall be performed during Normal Working Hours.
12. WARRANTY/QSP EXCLUSIONS. Dealer performs warranty services only during Normal Working Hours. IF I REQUEST DEALER TO PERFORM WARRANTY SERVICES OUTSIDE NORMAL WORKING HOURS, I WILL PAY FOR THE SERVICES AT DEALER’S THEN-CURRENT RATES FOR LABOUR AND PARTS. THE LIMITED WARRANTY PROVIDED UNDER THIS CONTRACT AND, IF PURCHASED, THE QSP DO NOT APPLY IF DEALER DETERMINES UPON INSPECTION THAT ANY OF THE FOLLOWING CONDITIONS CAUSED THE NEED FOR SERVICE: (A) damage resulting from accidents, theft, Acts of God, natural disasters, labour disputes, war, terrorism, civil strife, electrical surge, alterations or misuse; (B) I fail to properly close or secure a door, window or other point protected by an alarm device; (C) I fail to properly follow the operating instructions; (D) trouble in a telephone line, use of non-traditional telephone line or service (including but not limited to DSL, ADSL, VoIP, digital phone, Internet-based phone, cellular, radio, etc.) or due to interruption of power; (E) repairs needed to window foil, security screens, exterior mounted devices (except for outdoor cameras installed by Dealer) or PROM (Programmable Read Only Memory); (F) ordinary maintenance or wear and tear (not excluded from QSP); (G) alterations to my premises; or (H) alterations or damage to the alarm system caused by me or by a cause beyond Dealer’s control. Dealer will not perform warranty services on any device not installed by Dealer. Battery replacement is excluded from all warranties.
13. NO OTHER WARRANTIES. OTHER THAN THE LIMITED WARRANTY PROVIDED UNDER THIS CONTRACT AND, IF PURCHASED, THE QSP, I AGREE THAT DEALER MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES DEALER PERFORMS OR THE EQUIPMENT IT PROVIDES. ANY IMPLIED WARRANTIES REQUIRED BY STATUTE SHALL COINCIDE IN DURATION WITH THE NINETY (90)-DAY LIMITED WARRANTY. MY EXCLUSIVE WARRANTY REMEDY IS SET FORTH IN PARAGRAPHS 10 AND 11 ABOVE. UNDER NO CIRCUMSTANCES SHALL DEALER BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL 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 BY DEALER, THE NEGLIGENCE OF DEALER, OR OTHERWISE. SOME PROVINCES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY, OR EXCLUDE OR LIMIT INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSION MAY NOT APPLY TO ME. THE LAWS OF THE PROVINCE WHERE THIS CONTRACT WAS SIGNED WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY. No agent, employee or representative of Dealer nor any other person is authorized to modify the Limited Warranty or QSP set forth herein in any respect. The warranties set forth herein give me specific legal rights and I may also have other rights that vary from province to province. I agree to furnish any electric current necessary for the operation of the system through my meter and at my own expense. It is understood and agreed that Dealer’s obligation relates solely to the specific alarm system and that Dealer is no way obligated to maintain, repair, service, replace, operate or assure the operation of any devices of mine or of others not installed by Dealer. After the termination or expiry of the Limited Warranty or the QSP period, as the case may be, Dealer will, if requested, provide me with repair and parts replacement for the equipment at Dealer’s then prevailing prices and terms (including the terms and conditions of the Contract).
14. ALARM MONITORING AND NOTIFICATION SERVICE; GUARD RESPONSE. If I purchase service that includes response by police, fire department, guard, medical emergency notification or two-way voice monitoring services and such an alarm is received at Dealer’s CMC, Dealer may, at its sole discretion, attempt to contact me and/or anyone on my Emergency Contact List to confirm that the alarm is not false. If Dealer does not contact me and/or someone on my Emergency Contact List, or if Dealer questions the response it receives upon such contact, then (A) Dealer will attempt to notify the appropriate police department or fire department or, (B) if guard response service is provided and an alarm requires police response, Dealer will attempt to dispatch a representative to make an investigation of the exterior of the premises from his or her vehicle and, upon evidence of a crime, Dealer will attempt to notify the appropriate police department. If Dealer provides supervisory alarm or trouble alarm monitoring services (or if such services are actively programmed into the alarm system) and Dealer’s CMC receives an alarm, then Dealer may attempt to notify my premises and/or the representative I designate. Dealer may use an automated calling device to deliver such notification. If medical emergency notification services are provided, I agree that the very nature of such services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which I will not attempt to hold Dealer responsible or liable; that the equipment furnished for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at my premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of Dealer’s control. Dealer’s performance of, delay in performance of or failure to perform medical emergency notification services under the Contract are subject to and controlled by Paragraph 6 of this Contract. The person(s) identified on my Emergency Contact List are authorized to act on my behalf. I understand that the equipment Dealer provides may not operate with other companies’ alarm monitoring equipment and may prevent me from using such equipment in the event I terminate my services. I understand that local laws, ordinances or policies may restrict Dealer’s ability to provide the alarm monitoring and notification services described in this Contract and/or necessitate modified or additional services with additional charges to me. I understand that Dealer employs a number of industry-recognized measures to help reduce occurrences of false alarms. These measures include, but are not limited to, implementation of default settings on alarm panels and various procedures at Dealer’s CMC to determine when and how to respond, if at all, to certain alarm events. I consent to Dealer’s use of these measures and agree that the alarm system has not been designed, programmed or installed pursuant to any law, code or rule that may be applicable to my particular premises. I understand that, upon receiving notification that an alarm signal has been received by Dealer, the police department, fire department or other responding authority may forcibly enter my premises. I understand that Dealer will never arrest or detain any person for any reason. I agree that the equipment installed by Dealer, including any outdoor camera, is not to be used to monitor activity in or near any swimming pool or other body of water and that I alone am responsible for supervising the well being of any person in or near any swimming pools or other bodies of water on the premises. The annual service charge for Guard Response entitles me to three (3) calls to my premises per year after which I will be charged for each subsequent call at Dealer’s then prevailing rates.
15. FAMILIARIZATION PERIOD. UNLESS I HAVE REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS CONTRACT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), I AGREE THAT, DURING A FOURTEEN (14)-DAY FAMILIARIZATION PERIOD, OR LONGER PERIOD IF REQUIRED BY LAW, THAT FOLLOWS COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO DEALER’S CMC (AND DURING ANY APPLICABLE EXTENSIONS), DEALER HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM MY PREMISES. I ALSO AGREE THAT DURING SUCH PERIOD DEALER HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, ME OR MY DESIGNATED REPRESENTATIVE OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL DEALER RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY.
16. FAILURE TO PAY CHARGES OR HONOUR CONTRACT. If I fail to make any payment when due or to honour any other term or condition of this Contract, Dealer may stop providing the alarm monitoring and notification services and repossess or disable the equipment without notice. I will grant Dealer access to my premises and allow it to repossess or disable the equipment. Dealer has no liability if it stops providing the alarm monitoring and notification services and repossesses or disables the equipment. Dealer is not required to redecorate or repair my premises as a result of repossessing or disabling the equipment. In addition to these remedies, Dealer does not waive, and retains the right to exercise, any other legal remedy, including the right to charge me a late fee for each month that a payment is not received and/or interest on the unpaid amount and the right to report me to one or more consumer reporting agencies if I become delinquent on my account (more than 90 days without a payment).
17. SMOKE AND CARBON MONOXIDE DETECTORS. IF THE ALARM SYSTEM INCLUDES SMOKE AND/OR CARBON MONOXIDE DETECTORS, I AGREE THAT: (A) THE NUMBER AND PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS IN CODES, LAWS OR STANDARDS THAT APPLY IN MY JURISDICTION, INCLUDING UNDERWRITER’S LABORATORY-CANADA AND/OR LOCAL PROVINCIAL FIRE CODES;
(B) I HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE ALARM SYSTEM; AND (C) ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS DESCRIBED IN THIS CONTRACT ARE SUPPLEMENTAL DEVICES ONLY AND ARE NOT INTENDED TO BE PART OF A PRIMARY FIRE ALARM OR CARBON MONOXIDE DETECTION SYSTEM. I understand that Dealer’s electrical smoke and carbon monoxide detectors, if installed in my premises, are designed to be connected to an electrical power source. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE ELECTRICITY IS CUT OFF; THE BACKUP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD; OR FIRE CUTS OFF THE ELECTRICITY BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS TRANSMITTED. Connecting these detectors to a separate dedicated electrical circuit may increase their reliability, but even dedicated circuits can fail. I understand that these detectors all have limited useful lives, after which time they will not function. It is my sole responsibility to monitor and replace all detectors before or at the end of their useful lives.
18. BATTERY-POWERED DEVICES AND WIRELESS DEVICES. I understand that all battery-powered motion detectors, smoke detectors, door and window contact transmitters and other detection sensors installed under this Contract are not connected to the electrical system of my premises and require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. It is my sole responsibility to maintain and replace these batteries. Dealer recommends that I regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help maintain continued operation. Dealer also recommends that I carefully read and follow the owner’s manual, instructions and warnings for all equipment. I understand that wireless devices, including but not limited to wireless motion detectors, door and window contacts, smoke detectors and other wireless devices installed by Dealer will not communicate with the alarm system and THE ALARM SYSTEM WILL NOT FUNCTION IF WIRELESS COMMUNICATION FOR THE DEVICES IS IMPAIRED. THESE WIRELESS DEVICES MAY OR MAY NOT USE ENCRYPTION AND/OR AUTHENTICATION TECHNOLOGY AND ARE VULNERABLE TO INTENTIONAL OR UNINTENTIONAL INTERRUPTION, INTERCEPTION, CORRUPTION AND TAMPERING. It is possible for persons with criminal intent to reduce the effectivess of my alarm system, including intercepting or hacking the wirelss signals of my Dealer equipment.
19. ALARM SYSTEM COMMUNICATION. I authorize Dealer to request service from a telephone, wireless or other communication carrier under this Contract (referred to as “Telephone Company”) to transmit signals between my alarm system and Dealer’s CMC. The Telephone Company’s liability is limited to the same extent as Dealer’s liability in Paragraph 6 of this Contract. Dealer will not receive alarm signals when the communication 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 my communication mode for any reason. If Dealer determines in its sole discretion that my communication mode is or later becomes non-compatible, or if I change to another communication mode that is not compatible, then Dealer requires that I use an alternate mode of communication acceptable to Dealer as the method to connect the alarm system to Dealer’s CMC. Transmission of fire alarm signals by means other than a traditional telephone line may not be in compliance with applicable fire alarm or other standards or codes, and it is solely my obligation to comply with such standards and codes. If the alarm system has a line-cut feature, it may not always be able to detect if my communication line is cut or interrupted. Dealer recommends that I test the alarm system monthly, even though a successful test of the alarm system does not guarantee that Dealer will receive alarm signals from the system in the future. If my service includes Dealer Interactive Solutions and/or automation features, Dealer may directly or through third party service providers, transmit, record, store, provide and receive unencrypted data, images, e-mails and text messages via the Internet in the course of providing those interactive services. I will not be able to utilize those automation functions or receive e-mail or text alerts if my Internet connection is impaired, disrupted or unavailable for any reason. Dealer does not warrant or guarantee the integrity, accuracy, confidentiality or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception or other improper act.
20. CANCELLATION. A. Dealer may, at any time, cancel this Contract at its option if:
(1) Dealer’s CMC is destroyed or damaged so that it is impractical for Dealer to continue service;
(2) Dealer cannot acquire or retain the transmission connections or authorization to transmit signals between my premises and its CMC or the applicable fire or police department or other agency, or between Dealer’s CMC and the applicable fire or police department or other agency;
(3) I fail to follow Dealer’s recommendations to repair or replace any defective parts of the system not covered under the Limited Warranty or, if purchased, QSP;
(4) I fail to follow Dealer’s operating instructions for the alarm system;
(5) Dealer determines that it is impractical to continue service due to the modification or alteration of my premises after installation; or
(6) I fail to respond within thirty (30) days of receiving Dealer’s notice with instructions on how to verify that the system is functioning and properly transmitting alarm signals that can be received by the CMC. If Dealer cancels for any of the reasons stated immediately above, Dealer will refund any advance payments made for services to be supplied after the date of such termination, less any amounts still due for the installation of the equipment, for services already rendered and for any other charges due. Additionally, Dealer will not assess contract termination charges, if any, as described in Paragraph 3 above.
B. Dealer may cancel this Contract upon written notice to me if: (1) I fail to pay any monies when due under this Contract,
(2) I change to a telephone/communications service not suitable for alarm signal transmission or
(3) I fail to comply with any other term or condition of this Contract. Upon receipt of written notice from Dealer, I will have ten (10) days to correct the deficiency. If I do not correct the deficiency in a timely manner, and Dealer does cancel this Contract, Dealer may assess early contract termination charges, if any, as described in Paragraph 3 above. The foregoing right is in addition to and does not constitute a waiver of any other remedies available to Dealer, and I acknowledge that Dealer may avail itself of any legal remedy, including but not limited to the right to repossess the equipment with or without notice and without obligation to redecorate or repair the premises or any other liability; and the right to charge interest at an annual rate of twelve percent (12%) on any delinquent amount. This Paragraph shall not impair my Right to Cancel set forth on page 3 of this Contract. Dealer shall also be entitled to charge me $10.00 for dishonoured cheques or for any credit card payment or bank debit that cannot be processed for any reason.
21. ASSIGNMENT. I may not assign this Contract without prior written consent from Dealer. Dealer does have the right to assign this Contract or to subcontract any of its obligations under this Contract without my approval and without notice to me.
24. ENTIRE AGREEMENT. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. I AM NOT RELYING ON DEALER’S ADVICE OR ADVERTISEMENTS. DEALER IS NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY AN DEALER AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT SHALL CONTROL AND GOVERN EVEN IF THERE ARE OTHER DOCUMENTS WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT DETERMINES THAT ANY PROVISION OF THIS CONTRACT IS INVALID OR UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED AMENDED AND ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH AND EVERY OTHER PROVISION OF THIS CONTRACT SHALL CONTINUE TO BE VALID AND ENFORCEABLE.