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Terms and Conditions

Watson Security Group (WSG) Service Terms:

  1. ESTIMATED COSTS: WSG estimates and proposals are based on generally understood site conditions and work requirements. The actual site conditions and work requirements may result in additional charges. If the additional charges are less than 15% of the total quoted amount, Customer hereby authorized WSG to add those charges to the invoice without additional approvals. If the additional charges are greater than 15% of the total quoted amount, WSG may submit a revised proposal (written or verbal) for Customer’s review and acceptance. If such revised proposal is not accepted by customer, WSG at its sole discretion may choose to cancel this agreement, remove any equipment installed at Customer’s location, and refund any directly related payments for services made by Customer.
  2. CREDIT INVESTIGATION: Customer and any guarantor authorizes WSG to conduct credit investigations to determine Customer’s and guarantor’s credit worthiness.
  3. ALTERATION OF PREMISES FOR INSTALLATION: WSG is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in WSG’s sole discretion for the installation and service of the system, and WSG shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the system.   WSG shall not be responsible for the condition of the premises upon removal of the system and Customer represents that the owner of the premises, if other than Customer, authorizes the installation of the system under the terms of this agreement.
  4. CUSTOMER’S DUTY TO SUPPLY ELECTRIC AND COMPUTER AND INTERNET SERVICE: Customer agrees to furnish, at Customer’s expense, all necessary 110 Volt AC power and electrical outlets and receptacles, Internet access, high speed broadband cable or DSL services and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by WSG in its sole discretion and to notify WSG of any change in such service.
  5. DELAY IN INSTALLATION: WSG shall not be liable for any damage or loss sustained by Customer as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including WSG’s negligence in the performance of this agreement, and Customer shall not be relieved from payments due under this agreement for such period.
  6. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Customer agrees to be liable for and pay to WSG any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon WSG because of this agreement. Should WSG be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Customer agrees to pay WSG for such service or material.
  7. TESTING OF SYSTEM: SERVICE: The system, once installed, is in the exclusive possession and control of Customer, and it is Customer’s sole responsibility to test the operation of the system and to notify WSG if any equipment is in need of repair. WSG shall not be required to service the system unless it has received notice from Customer and all Customer payments are current and Customer is not in default of this agreement., WSG shall during the warranty, service the system to the best of its ability within 72 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Customer agrees to test and inspect the system immediately upon completion of installation and to advise WSG in writing within three days after installation of any defect, error or omission in the system.
  8. LIMITED WARRANTY: In the event that any part of the equipment becomes defective, or in the event that any repairs are required, WSG 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. WSG 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 parts in fulfillment of this warranty. WSG’s warranty does not include batteries, reprogramming, damage by lightning, electrical surge, misuse, or breakage. Except as set forth in this agreement, WSG makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. WSG does not represent nor warrant that the equipment will prevent any loss or that the system will in all cases provide the protection for which it is installed. WSG expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than WSG. WSG shall not be liable for consequential damages. Buyer acknowledges that any affirmation of fact or promise made by WSG shall not be deemed to create an express warranty unless included in this contract in writing; that Buyer is not relying on WSG’s skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that WSG has offered additional and more sophisticated equipment for an additional charge which Buyer has declined. Buyer’s exclusive remedy for WSG’s breach of this contract or negligence to any degree under this contract is to require WSG to repair or replace, at WSG’s option, any equipment which is non-operational. Some states do not allow the exclusion or limitation of consequential or incidental damages, or a limitation on the duration of implied warranties, 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. If required by law, WSG will procure all permits required by local law.
  9. CUSTOMER RESTORES EQUIPMENT: Customer shall be responsible for any loss occasioned by fire or casualty and the cost of replacing or restoring the system. Notwithstanding the condition of Customer’s premises, or WSG’s impossibility of performance occasioned by condition of Customer’s premises, Customer shall remain liable for any applicable monthly payments for the term of this agreement without offset or reduction.
  10. ASSIGNMENTS/WAIVER OF SUBROGATION RIGHTS: Customer shall not be permitted to assign this agreement without written consent of WSG. Any such assignment without WSG’s prior approval shall be deemed a breach of this agreement. WSG shall have the right to assign this contract and shall be relieved of any obligations created herein upon such assignment. Customer on its behalf and any insurance carrier waives any right of subrogation Customer’s insurance carrier may otherwise have against WSG or WSG’s subcontractors arising out of this agreement or the relation of the parties hereto. Customer shall not be permitted to assign this agreement without written consent of WSG.
  11. INDEMNITY: Customer agrees to and shall indemnify and hold harmless WSG, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Customer, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by WSG’s performance, negligent performance or failure to perform its obligations under this agreement. Parties agree that there are no third party beneficiaries of this contract.
  12. LEGAL ACTION: The parties agree that due to the nature of the services to be provided by WSG the payments to be made by Customer for the term of this agreement are an integral part of WSG’s anticipated profits, and in the event of Customer’s breach of this agreement it would be difficult if not impossible to reasonably estimate WSG’s actual damages. Therefore, in the event of Customer’s default of this agreement Customer shall pay to WSG 80% of the balance due for the full term of this agreement as liquidated damages, and WSG shall be permitted to terminate all its services under this agreement without relieving Customer of any obligation herein. Additionally, in the event of Customer’s breach of this agreement WSG may, at its option, either remove its equipment or deem same sold to Customer for 80 % the amount specified as the value of the equipment. The parties waive trial by jury in any action between them. In any action commenced by WSG against Customer, Customer shall not be permitted to interpose any counterclaim. Any action by Customer against WSG must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against WSG must be based on the provisions of this agreement. Any other action that Customer may have or bring against WSG in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.   If WSG prevails in any litigation or arbitration between the parties, Customer shall pay WSG’s legal fees.   Customer submits to the jurisdiction and laws of Washington and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where WSG’s principal place of business is located. Any dispute between the parties or arising out of this contract, including issues of arbitrability, shall, at the option of any party, be determined by arbitration administered by Arbitration Services Inc., under its Commercial Arbitration Rules Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service.
  13. ADDITIONAL EQUIPMENT REQUIRED BY LAW: Should WSG be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Customer agrees to pay WSG for such service or material.
  14. WSG’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Customer agrees that WSG is authorized and permitted to subcontract any services to be provided by WSG to third parties who may be independent of WSG, and that WSG shall not be liable for any loss or damage sustained by Customer by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, and that Customer appoints WSG to act as Customer’s agent with respect to such third parties, except that WSG shall not obligate Customer to make any payments to such third parties. Customer acknowledges that this agreement, and particularly those paragraphs relating to WSG’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors and central offices of WSG.
  15. EXCULPATORY CLAUSE: Customer agrees that WSG is not an insurer and no insurance coverage is offered herein. The equipment is designed to reduce certain risks of loss, though WSG does not guarantee that no loss will occur. WSG is not assuming liability, and, therefore shall not be liable to Customer for any loss, personal injury or property damage sustained by Customer as a result of burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by WSG’s negligent performance, failure to perform any obligation or strict products liability. Customer releases WSG from any claims for contribution, indemnity or subrogation.
  16. LIMITATION OF LIABILITY: Customer agrees that should there arise any liability on the part of WSG as a result of WSG’s negligent performance to any degree, failure to perform any of WSG’s obligations, equipment failure or strict products liability, that WSG’s liability shall be limited to $250.00. If Customer wishes to increase WSG’s maximum amount of WSG’s limitation of liability, Customer may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual payment consonant with WSG’s increased liability. This shall not be construed as insurance coverage.
  17. NON-SOLICITATION: Customer agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of WSG assigned by WSG to perform any service for or on behalf of Customer for a period of two years after WSG has completed providing service to Customer. In the event of Customer’s violation of this provision, in addition to injunctive relief, WSG shall recover from Customer an amount equal to such employee’s salary based upon the average three months preceding employee’s termination of employment with WSG, times twelve, together with WSG’s counsel and expert witness fees.
  18. FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS: This agreement along with the Schedule of Installation constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except WSG’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Customer acknowledges and represents that Customer has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
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