Terms And Conditions
American Security and Communications, Inc.((ASC)
We quote you a firm price on all our projects that is generally valid for 90-days. Special terms and conditions may apply due to material availability at the time of order. Equipment sold and installed, and after being paid for, become the property of our customer(s).
Payment terms are included in our estimates that usually require a down payment from 30% to 50% of the total price quoted. The balance due is generally NET 20 days following the completion of installation or delivery of the equipment as agreed.
WARRANTIES OR REPRESENTATIONS:
ASC makes no representations or warrantiesanddisclaims any warranty of merchantability or fitness for any particular use, except as may be listed under the equipment list we provide. However, ASC will pass any and all equipment warranties from the manufacturer(s) on to the purchaser upon installation. ASC will warranty its labor for 90-days following equipment installation, exclusive of any manufactures’ warranty.
LIMITATION OF LIABILITY:
As per Terms Purchaser understands and agrees that
(a) ASC is not an insurer of purchaser’s property or the personal safety of persons in or about purchaser’s premises during or after any construction or installation;
(b) purchaser will provide any insurance on the equipment installed as of the date of installation;
(c) the amounts paid to ASC by the purchaser are based only on the value of the equipment and services ASC provides and not on the value of the purchaser’s premises and other contents. Therefore, purchaser agrees that even if a court or arbitrator decides that ASC’s breach of this agreement, any failure of the system or services, or ASC’s negligence (including gross negligence), caused or allowed any harm or damages (whether such harm or damages are actual, direct, incidental or consequential, including without limitation, property damage, business interruption, loss of profits, personal injury or death) to purchaser or anyone in or about the purchaser’s premises (including employees and invitees), purchaser agrees that ASC’s liability may be limitedand this shall be the purchaser’s only remedy regardless of what legal theory is used to determine that ASC was liable for the harm, damage, injury or loss. PURCHASER MAY OBTAIN A HIGHER LIMITATION OR LIABILITY. Purchaser may obtain from ASC a higher limitation of liability by paying an additional fee to ASC. If purchaser elects this option, a rider will be attached to this agreement which will set forth the higher limitation of liability and the amount of the fee. Agreeing to the higher limitation of liability does not mean that ASC is an insurer.
ALTERATION OF PREMISE FOR INSTALLATION:
As per Terms ASC is authorized to make installation preparations such as drilling holes, driving nails, making attachments, or doing any other thing necessary in ASC’s sole discretion for the installation and service of the system hardware and software, including any software installed to the purchaser’s computers and connection to purchaser’s computer network. ASC shall not be responsible for any adverse condition created thereby as a result of such installation, service, or removal of any hardware or software, provided all work and installation are by the Universal Building Code(s), and the purchaser represents that the owner of the premises, if other than the purchaser, authorizes the installation of the hardware and/or software under the terms of this agreement.
Purchaser agrees that ASC is authorized and permitted to subcontract any installation to be provided by ASC to third parties who may be independent of ASC, and that ASC shall not be liable for any loss or damage sustained by purchaser by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, and the Purchaser appoints ASC to act as purchaser’s agent with respect to third parties, except ASC shall not obligate purchaser to make payments to third parties. Purchaser acknowledges that any agreement and particularly those paragraphs relating to ASC’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 assignee, subcontractors of ASC.
To secure purchaser’s obligations under any sales agreement, purchaser grants ASC a security interest in the equipment installed by ASC and ASC is authorized to file a financing statement, and ASC shall have the right to a lien interest in the purchaser’s property for any unpaid invoices.
Purchaser understands that privacy cannot be guaranteed on telephone, cable or computer systems, and ASC shall not be liable to purchaser for any claims, loss, damages or costs which may result from the lack of privacy experienced. Purchaser consents to ASC (i) using information about purchaser and purchaser’s location (collectively, “information”) to administer services, offer purchaser new products or services, enforce the terms of this agreement, prevent fraud and respond to regulatory and legal requirements, (ii) provide information to law enforcement personnel for the purpose of providing services hereunder on in response to a subpoena or other such legal process, and (iii) using and sharing aggregate customer information and statistics that do not include information that identifies purchaser personally. Purchaser agrees that ASC may contact the purchaser by telephone, facsimile, e-mail or other internet facilities, with respect to the system and services provided under this agreement, and new offerings of systems or services ASC may make available in the future.
If any agreement is for residential equipment or services,a purchaser may cancel any agreement and cash transaction without penalty or obligation within three (3) business days from the date you sign this agreement. If you cancel, any payments made by you will be returned within ten (10) business days following the receipt by ASC of your cancellation notice. To cancel any transaction, mail or deliver the sales document with the words “CANCEL” written across the form of this agreement, or by any other written notice, along with your signature, or send a telegram, e-mail, or facsimile to ASC at the address which appears on the front of any agreement.
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American
Security and
Communications Inc.P.O. Box 1008 Neenah, WI 54957-1008
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