Agreement made this ____________day of , _________________________20______ , by and between THE M. SAUER COMPANY,
a Maryland corporation, located at 3106 Pinkney Road, Baltimore, Maryland 21215, hereinafter called “Company” and
___________________________________________________________________ Telephone No.: _____________________________________________
located at ______________________________________________________________________________________________________________________
hereinafter called “Subscriber.” Whereas, Subscriber desires and Company can provide central station monitoring services, the parties agree as follows:

 

1. Company shall lease, install and monitor equipment which shall remain the sole property of Company. Subscriber shall have the right upon completion of the full term of this agreement and any automatic renewals to purchase the installed equipment for one dollar. This right shall only be available if Subscriber has paid all obligations and is not in default. Final placement of all equipment will be determined by the installation technician. The equipment to be installed is listed on the Installation Work order which is made a part of this agreement or shall be as follows: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Subscriber acknowledges that selection of equipment and design of any system was the sole choice of the Subscriber and has in no way relied on Company for such selection or design. Subscriber is aware of limitations of any equipment and in particular methods for providing communication for monitoring service and telephone line cut considerations. 

2. Subscriber agrees to pay, Company, its agents or assigns the sum of $_________________ herewith and the further sum of $_______________ plus all applicable taxes per month paid ___________________ in advance, for a period of ____36_________months from the date of installation of the above listed equipment and thereafter this agreement shall automatically renew itself for period of_______36________ months the first of such renewals period(s) to commence upon the expiration of the original agreement or any renewal period. In the event service is terminated for any reason, Subscriber is responsible to have the system reprogrammed or altered in such a manner as to ensure that no signal can be received by Company. Failure to do so shall result in continued monitoring fees.

3. The parties agree that due to the nature of the services to be provided by the Company, the payments to be made by the Subscriber for the term of this agreement form an integral part of Company’s anticipated profits: that in the event of Subscriber’s default it would be impossible to fix the Company’s actual damages. Therefore, in the event Subscriber defaults in the payment of any charges for service of any kind as provided by Company, the entire balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable therefor, and Company shall be permitted, at its option, to remove any and all installed equipment without relieving Subscriber of any obligation hereunder. If payment terms are not met, Subscriber agrees to pay Company’s service charge for billing and collection one and one-half percent per month or fraction thereof on the unpaid balance and all court charges, collection fees, private processing or service charges and incidental costs related to such collection including but not limited to the cost incurred for the time of any employee of Company including his wages and any benefits. Subscriber shall pay the Company’s legal fees of twenty-five percent of every amount due Company by Subscriber. The parties, waive trial by jury in any action between them. In any action commenced by Company against Subscriber, Subscriber shall not be permitted to interpose any counterclaim.

4. SUBSCRIBER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. PLEASE SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

5. Upon receipt of a signal from Subscriber’s alarm system, Company or its designee communication center shall, unless need for notification is aborted by Subscriber or anyone using the appropriate abort number or word as listed below in the notification list, make every reasonable effort to notify the authorities, if listed, and one party on the notification list. Company shall have fulfilled its obligation after going through the list one time or after communicating with the listed authority and/or one party on the notification list. Subscriber agrees to furnish Company with a written list of names and telephone numbers that shall comprise the notification list. The first notification list shall be as follows:      

 

            NOTIFICATION LIST          

                                                                                                              

Police Department: ___________________________________ Fire Department: ________________________________________________________

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Name Of Person To Notify                                                 Home Phone                                        Work Phone
_________________________________________________         ____________________________               ________________________
_________________________________________________         ____________________________               ________________________
_________________________________________________         ____________________________               ________________________
_________________________________________________ ____________________________ ________________________
Abort Number: _____________________________

Subscriber understands that many communities require an alarm system permit and/or registration. It is the Subscriber’s responsibility to obtain and pay for all necessary permits and/or registrations. It is further understood that the Company will not be responsible for any fines or fees relating to Subscriber’s failure to obtain such permits and/or registrations or any such fines or fees resulting from false alarms.

 

Permit Number: _______________________________________                            Registration Number: ___________________________________

This agreement constitutes the entire agreement between the parties. All terms and conditions on the reverse side of this page or on the attached page(s) are hereby incorporated herein, and by reference are made a part hereof.

M. SAUER COMPANY                                                                                          SUBSCRIBER ___________________________________________
BY__________________________________________________                                    SUBSCRIBER____________________________________________
Authorized Representative

 

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TERMS AND CONDITIONS

1. The Subscriber hereby authorizes Company, its agents or assigns to install the aforesaid equipment and make inspections, tests and changes or alterations to said equipment at Company’s expense or made necessary by any change in or damage to Subscriber’s premises, property or equipment (alter the original installation) at Subscriber’s request all at the expense of the Subscriber. Subscriber will not personally or cause to be made by others any repairs or alterations to material
or equipment. Notwithstanding the Subscriber’s right to purchase the installed equipment. The company upon termination of this agreement for any reason may enter and remove the aforesaid equipment without obligation to repair or decorate any portion of Subscriber’s premises or security system and the removal of such equipment shall not constitute a waiver of any charges which have or shall accrue in favor of Company. Subscriber hereby warrants that he has the full authority of the owner of the premises to permit the installation, connection, or removal of said equipment.

2. Subscriber shall furnish, at his expense all 110 Volt AC power and electrical outlets and receptacles, telephone hook-up., RJ31X or other jacks, as deemed necessary by Company. Should Company provide connections, outlets, receptacles or jacks, Company shall not be held responsible for said work after said work has been tested and demonstrated to be functioning properly at the time of installation.

3. The parties hereto agree that the equipment, once installed, is in the exclusive control of the Subscriber. Company has no knowledge of the condition of or use of equipment. It is the Subscriber’s responsibility how he uses the equipment and to test the operation of the equipment. Should repairs be required, for a period of one year from the date of installation, Company shall repair or replace any part of the installed equipment that shall become defective in and of itself at no cost to the Subscriber. Company reserves the option to either replace or repair the equipment and reserves the right to substitute materials of equal quality in the Company’s opinion at the time of replacement in fulfillment of its obligation. Batteries, conductive foil, and window screens are not included within the scope of this obligation. Company shall not be required to make repairs other than during regular business hours. If service is requested by Subscriber after regular business hours or for service not required to be provided by Company, it shall be provided with a charge to Subscriber at Company’s prevailing rates to time and material. Company’s obligation will not apply to equipment rendered defective by abuse, acts of God, rodents or pets, destruction or damage from other than normal usage, telecommunication failures, repair or servicing attempted or performed by any other person other than Company’s agents, employees or representatives. Company’s determination of the cause of defectiveness or non-operation of equipment shall prevail. Nothing herein shall be interpreted as making Company liable for any consequential damages suffered by Subscriber or third parties or for any loss, damage or injury to persons or property. The performance of this service for the one year period is expressly made in lieu of warranties of merchantability, fitness for use and any other warranties expressed or implied. It is understood that if service is requested during the first year period and such service request does not fall within the
responsibility of Company then Subscriber will be charged the prevailing fees charged by Company. This shall include calls for service when not actually required as determined by Company or when no-one is at premises when service is scheduled. Subscriber may purchase an extended service plan which provides for repair of equipment as in the first year. There is an additional fee for the extension of this service which becomes a part of the monthly fee structure set out in paragraph
2 on the face of this agreement.

4. Subscriber agrees that Company is authorized and permitted to subcontract central station monitoring and any other service which Company is obligated to perform under the agreement, and Company shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber acknowledges that this agreement and particularly those paragraphs relating to Company’s disclaimer
of warranties, exemptions from liability, even from its negligence, limitations of liability, and third-party indemnification, inure to the benefit of and are applicable to any subcontractors and communication center utilized by Company. In addition, the Company has the right to assign this agreement to any other party.

5. Subscriber agrees that Company shall have the right to increase the operating and service charges provided and service charges provided herein at any time after six months from the date hereof, upon giving Subscriber notice in writing of such increase. Should Subscriber be unwilling to pay such increased charge, Subscriber may cancel the then unexpired term of this agreement by notifying Company in writing by certified mail, return receipt requested, within fifteen days
of the notice of such increase.

6. Company does not represent nor warrant that the equipment installed or monitoring service will prevent any loss, damage or injury to person or property or the equipment installed and service provided will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that Company is not an insurer and no insurance coverage is offered herein and that Subscriber assumes all risk of loss or damage to
Subscriber’s person, premises, or its contents. Subscriber’s exclusive remedy for Company’s default hereunder is to require Company to repair or replace, at Company’s option, any equipment covered by this agreement which is non-operational. The parties agree that there shall be no third party beneficiaries of this
agreement.

7. If notwithstanding the terms of this agreement, there should arise any liability on the part of the Company as a result of burglary, theft, hold-up, fire, smoke, or any other cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by Company’s negligent performance or failure to perform any obligation, such liability shall be limited to an amount equal to not more than the total amount of fees actually paid to Company under this agreement during the twelve-month period preceding the event or omission for which Subscriber and all other
persons may make claim against Company or two hundred fifty dollars, whichever is greater. If Subscriber wishes to increase the Company’s maximum amount of such limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a mutually agreed supplemental agreement, obtain from Company a higher limit by paying an additional amount consonant with the increase of liability. This shall not be construed as insurance coverage.

8. Company shall not be required to render any service when Subscriber is in default of any fee or action required by this agreement which is not cured within twenty days of its due date. The following shall constitute default: a) The nonpayment by Subscriber for a period of twenty days of any sum required hereunder to be paid by Subscriber. b) any affirmative act of insolvency by Subscriber, or filing by Subscriber of any petition under any bankruptcy, reorganization,
insolvency, or moratorium, or any law for the relief of or relating to debtors. c) the filing of any involuntary petition under any bankruptcy statue against Subscriber, or appointment of any receiver or trustee to take possession of the property of Subscriber unless such petition or appointment is set aside or withdrawn or ceases to be in effect within thirty days of the date from filing or appointment. d) the subjection of any of the Subscriber’s property to any levy, seizure, assignment,
application, or sale for or by any creditor or government agency. In addition, should Subscriber be in default, Company may alter equipment in such a manner as to render said equipment unusable by Subscriber without prior notice to Subscriber. Company shall not be required to render service during any telephone, central station equipment, or other equipment failures. The company assumes no liability for delays in installation or delays or failure to provide service during any
equipment or telecommunication failures.

9. This agreement may be terminated by Company at any time if, in the opinion of the Company, excessive false alarms shall occur or any other reason it deems necessary. Upon the expiration of the initial term of this agreement as stated in paragraph 2 on the face of this agreement, or upon the expiration of any automatic renewal, Subscriber may give notice sixty days prior to such expiration that Subscriber does not desire to renew this agreement. Such notice must be in writing and sent via certified mail, return receipt requested. Otherwise, the agreement will automatically renew itself.

10. Many governmental jurisdictions have waiting periods from the time of installation before a call can be made for police or other services that may relate to the Subscriber’s service. It is understood that Company is bound by all laws that may pertain to the installation of any equipment or service for calls to police, other authorities, or other individuals.

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