Best Defense Security & Fire Protection, Inc. (hereinafter referred to as “The Alarm Company”), assumes no liability for delays in installation, repair or monitoring of the system, for interruption of service due to strikes, riots, floods, fires, interruptions in telephone service, radio service, internet service, or cellular service, acts of God, or any causes beyond the control of the Alarm Company, and the Alarm Company is not required to supply service to the Subscriber while such interruptions exist.
The Subscriber agrees to carefully and properly test the Alarm System, Sprinkler System and all attached devices on a minimum of a monthly basis and understands that it is the subscriber’s responsibility to ensure the system is tested per the requirements of NFPA72 if a fire alarm system and shall immediately report to the Alarm Company any problem with the System. The Subscriber shall be solely responsible for the maintenance of the sprinkler system, if any, including providing adequate heat to the building, so that the sprinkler will at all times be in good working order. The Subscriber agrees that all repair service to the Alarm System caused by improper use of the alarm system, misuse, abuse, vandalism, lightning, or any other act of God are billable regardless of the repair services chosen by the Subscriber has contracted for.
Upon the Subscriber’s failure to pay any sums due the Alarm Company under this Agreement, the Alarm Company reserves the right to terminate its obligations under all agreements with Subscriber and remove any of the Alarm Company owned equipment, wiring and apparatus from the Subscriber’s premises upon written notice to the Subscriber. The Alarm Company will have no obligation to repair or redecorate any portion of the Subscriber’s premises due to the removal of the Alarm Company’s System upon termination. The parties further agree that the Subscriber shall pay all court costs, collection fees, and actual attorney’s or collection agencies fees, should the Alarm Company have to place this contract in the hands of an attorney or agency for collection. Alarm Company reserves the right to remotely disable any system components without notification in the event that an invoice is unpaid. Subscriber accepts all liability for the disabled system and all costs associated with reactivating the system once payment in full is received.
LIMITATION OF LIABILITY It is understood and agreed: That the Alarm Company or its agents, assigns, employees or independent contractors providing portions of the services for the Subscriber (including, but not limited to, signal carriers, telephone companies, municipal agencies, monitoring services, etc.) all herein after referred to as “Others”, are not an insurer: that insurance, if any shall be obtained by the Subscriber; that the payments provided for the herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subscriber’s property or property of others located on the Subscriber’s premises; that the Alarm Company and Others make no guarantee or warranty, including any implied warranty of merchantability or fitness that the equipment or services supplied will avert or prevent occurrences or the consequences therefrom which the System or services is designed to detect or avert. The Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any which may proximately result from the Alarm Company or Other’s active or passive negligence, or from a failure to perform any of the obligation herein, or failure of the System to properly operate with resulting loss to the Subscriber because of, among other things: a) The uncertain amount or value of the Subscriber’s property or others kept on the premises which may be lost, stolen, destroyed, damaged, or otherwise affected by occurrences which the System or service is designed to detect or avert. b) The uncertainty of the response time of any police or fire department, should the police or the fire department be dispatched as a result of a signal being received or an audible device sounding. c) The inability to ascertain what portion, if any, of any loss which would be proximately caused by the Alarm Company or other’s failure to perform or by failure of its equipment to operate. d) The nature of the service to be performed by the Alarm Company and others. The parties agree that should there arise any liability on the part of the Alarm Company as a result of the Alarm Company’s negligent performance in any manner in any degree, that the Alarm Company’s liability shall be limited to the sum of $250.00. If the Subscriber wishes to increase the maximum amount of The Alarm Company’s limitation of liability, Subscriber 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 The Alarm Company’s increased liability. This shall not be construed as insurance coverage.
INDEMNIFICATION When the Subscriber ordinarily has the property of others in his custody, or the System extends to protect the other persons’ or the property of others, the Subscriber agrees to and shall indemnify, save, defend and hold harmless the Alarm Company and Others for and against all claims brought by parties other than the parties to this Agreement. This provision shall apply to all claims regardless of cause, including to Alarm Company or Other’s performance or failure to perform and including defects in products, design, installation, repair service, monitoring, operation or non-operation of the System, whether based upon negligence, active or passive, express or implied contract or warranty, contribution or indemnification or strict or product liability, on the part of the Alarm Company’s or Others; but this provision shall not apply to claims or loss or damage solely and directly caused by an employee of the Alarm Company or Others while on the Subscriber’s premises. The Subscriber agrees to indemnify the Alarm Company harmless from any action for subrogation which may be brought against the Alarm Company by any insurer or insurance company or its agents or assigns including the payment of all damages, expenses, costs, and attorney’s fees.
In the event that any provision of the Agreement is found to be unenforceable, all other terms shall remain in full force and effect. It is understood and agreed that if there is any conflict between this Agreement and the Subscriber’s purchase order, or any other document, this Agreement will govern whether such purchases order or other document is executed prior or subsequent to this Agreement. The Alarm Company may assign this agreement without prior notice or consent of the Subscriber, however, the Subscriber may not assign this Agreement unless such assignment shall be consented to in writing by the Alarm Company.
Subscriber agrees not to solicit to employ, employ, or contract any employee of the Alarm Company involved in the work provided herein in any capacity including employee of Subscriber, employee of competing company to Alarm Company, contractor of subscriber or contractor of competing alarm company for a period of three years beyond the date of this agreement.
The parties further agree that the venue shall be proper in Dane County, Wisconsin, should any portion of this contract have to be legally enforced.