|
OTHER PROVISIONS
<br /> Site visits required outside normal business hours and visits for alarms due to acts of
<br /> God, misuse, abuse, negligence, vandalism, unauthorized alteration, use on other than
<br /> rated voltage and current, or for va or conditions are not covered under this Service
<br /> Contract and will be charged to the customer.
<br /> The only parties to this agreement are customer and ATI.
<br /> Repair work is guaranteed for 60 days from the date of repair.
<br /> It is understood and agreed by and between the parties hereto, that if there is any
<br /> conflict betwwen this agreement and customer's purchase order or any other document,
<br /> this agreement will govern, whether such purchase order or other document is prior or
<br /> subsequent to this agreement. In the event any provisions or parts of this contract
<br /> shall be unenforceable the parties understand and agree that the remaining provisions
<br /> and parts shall continue in full force and effect. there are no verbal understandings
<br /> changing or modifying this agreement.
<br /> nd to
<br /> ermit
<br /> ed
<br /> Customer
<br /> agreessp ct, alter, remove, adjust, service, repair,por, add equipment or wiring.
<br /> agentsto .
<br /> This agreement may be cancelled without notice at ATI's sole option if the equipment
<br /> has been subject to acts of God, misuse, abuse, negligence, vandalism, use on other
<br /> than rated voltage and current, or if the equipment has been tampered with or altered
<br /> in any way or operated contrary to the manufacturer's specifications.
<br /> It is understrood and agreed; that ATI is not an insurer, that insurance, if any, shall
<br /> be obtained by the Customer; that the payments provided herein are based solely on the
<br /> value of the service as et forth herein and are unrelated to the value of the
<br /> Customer's property or other's property located on the Customer's premises; that ATI
<br /> makes no guarantee or warranty, including any implied warranty of merchantability or
<br /> fitness that the equipment or services supplied will avert or prevent occurrences or
<br /> the consequences therefrom which the system or service is designed to detect or avert.
<br /> Customer understands and agrees that if ATI should be found liable for loss or damage
<br /> due to failure of ATI to perform any of the obligations herein, including but not
<br /> limited to installation, maintenance, or service, or the failure of the system or
<br /> equipment in any respect whatsoever, ATI's liability shall be limited to Five Hundred
<br /> ($500.00) Dollars as liquidated damages and not as a penalty and this liability shall
<br /> be exclusive, and that the provisions of this Paragraph shall apply if loss or damage .
<br /> irrespective of cause or olrigin, results directly or indirectly to persons or
<br /> property, from performance or nonperformance of the obligations imposed by
<br /> this.contract, or from negligence, active or otherwise ATI, its agents, assigns or
<br /> employees.
<br /> Customer agrees to and shall indemnify, defend, and hold harmless ATI, its agents and
<br /> employees for and against all claims brought by parties other than the parties to this
<br /> agreement. This Para
<br /> ggraph shall apply to all claims regardless of cause including ATI's
<br /> performance or faiJ.ure to perform and including defects in products, design,
<br /> installation, maintenance,operation or nonoperation of the system whether based on
<br /> negligence, active or passive, warranty or product pliability on the part of ATI, its
<br /> aents or emloees, buth will
<br /> solely and directly cau edto claimfor loss
<br /> tbysan emParaployee of ATlowhileloyn Customer's premisesor damage
<br /> This agreement is not assignable by Customer without the written consent of ATI. ATI
<br /> shall have the right to assign this Agreement or subcontract any of the services it
<br /> performs.
<br /> ATTACHMENTS
<br /> The following attachments are an integral part of this agreement.
<br /> ACCEPTANCE
<br /> All the terms and conditions of this Service Contract are hereby accepted by Customer.
<br /> ATI/REV-7.87A
<br />
|