WHEREBY IT IS AGREED AND DECLARED as follows:

  1. INSTALLATION:

The COMPOANY’s DETECTION EQUIPMENT purchased and owned by the CUSTOMER (hereinafter called “the EQUIPMENT”) which term shall also for the purpose of this agreement include any further or other EQUIPMENT supplied by the COMPANY at the CUSTOMER’s request or concurrence in addition to or in replacement of any part or all the EQUIPMENT and shall include other necessary ancillary EQUIPMENT although not specifically referred to in the Agreement set out in the COMPANY’s Maintenance Contract numbered as above which EQUIPMENT subject to payment as hereinafter provided shall become the property of the CUSTOMER.

 

2. MAINTENANCE:

The COMPANY’s Service Department Operates during Normal Office Hours Daily and will attend as soon possible to any fault in the EQUIPMENT or circuit notified to the COMPANY by the CUSTOMER.

 

3. LOSS OR DAMAGE:

The company shall not be liable for or in respect of any loss or damage suffered by the CUSTOMER howsoever caused or arising and without limiting the generality of the foregoing whether caused or arising because of or on account of any failure of the EQUIPMENT or any other EQUIPMENT or circuit or because of or on account of any act or omission whether negligent or otherwise on the part of the company or its servants or agents whether in respect of the EQUIPMENT or any other EQUIOMENT or circuit or the design of operation thereof or in any other respect whatsoever or in consequence of or following up on any signal or alarm or on accounts of the non-receipt of any Signal.

  1. MAINTENANCE FEE:

The CUSTOMER will pay to the COMPANY the maintenance fee set out in the Schedule hereto during the continuance of this agreement annually in advance upon signing of this contract. This fee does not include not extend to the costs of the EQUIPMENT or any part thereof and the costs and expenses in the replacement of same. The COMPANY shall be entitled to increase the service fee herein provided: the amount of such increase shall be as fixed by the COMPANY and the CUSTOMER shall pay such additional service fee so fixed by the COMPANY at the same time and in manner provided in regard to the maintenance fee.

 

  1. DAMAGE TO EQUIPMENT:

The CUSTOMER shall be responsible for injury or damage to or destruction of the EQUIPMENT caused by or resulting from any act of the CUSTOMER his agents or employees or from acts of persons other than those of the COMPANY its servants or agents and shall pay for any repairs rendered necessary thereby. The CUSTOMER shall not permit persons other than authorized representatives of the COMPANY to effect any replacement of parts, maintenance, adjustments or repairs to the EQUIPMENT. In default hereof the COMPANY’s liability if any under clause 8 or otherwise whatsoever shall absolutely cease

 

  1. TRANSFER OF INTEREST:

All the terms and conditions hereof shall be binding on and ensure the benefit to the successors and assigns of the respective parties. But the interest of the CUSTOMER shall be assignable or transferable only with the written consent of the COMPANY first had and obtained.

 

  1. ACKNOWLEDGEMENT:

The CUSTOMER acknowledges that the EQUIPMENT selected by the CUSTOMER is in accordance with the CUSTOMER’s stated requirements to the COMPANY as to cost and his assessment of the degree or risk of unlawful entry and theft in the light of the nature of the CUSTOMER’s premises and the contents thereof. It is understood and agreed between the parties hereof:

 

  1. TERM AND TERMINATION

 

  1. AGREEMENTS:

This agreement does not cover all the agreements in respect of EQUIPMENT its installation and service between the parties there for the company shall not be responsible for any conditions or teams other than those contained herein nor for any representations warranties specifications conditions or promise of any kind or description other than those expressly contained in this agreement.

 

  1. Any notice to be given to either party under the terms of this agreement shall be deemed to be properly given if left at or dispatched by pre-paid to the address of the party known to the party giving the notice and if so posted shall be deemed to have been given on the day following posting.