Security and Monitoring
Terms and Conditions
THESE GENERAL TERMS AND CONDITIONS GOVERN THE INSTALLATION, MAINTENANCE, REPAIR, AND RELATED EQUIPMENT SALES TO CUSTOMER THAT ARE THE SUBJECT OF THIS AGREEMENT. THE PARTIES EXPRESSLY AGREE THAT ANY MONITORING SERVICES ARE GOVERNED BY THE GENERAL TERMS AND CONDITIONS FOR MONITORING SERVICES AS ATTACHED IN SCHEDULE “A”. THESE TERMS AND CONDITIONS (“THECONTRACT DOCUMENTS”) WILL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN ON POINT ELECTRIC AND CONTROLS LTD. AND THE CUSTOMER. IT IS THE INTENT OF THE PARTIES THAT THE CONTRACT DOCUMENTS BE READ TOGETHER AND IN CASE OF ANY CONFLICT BETWEEN THE CONTRACT DOCUMENTS, (a) THESE GENERAL TERMS AND CONDITIONS GOVERN THE INSTALLATION, MAINTENANCE, REPAIR, AND EQUIPMENT SALES AND (b) MONITORING SERVICES ARE GOVERNED BY THE GENERAL TERMS AND CONDITIONS FOR MONITORING SERVICES (AS ATTACHED IN SCHEDULE “A”).
NO OTHER TERMS AND CONDITIONS SHALL BE OF ANY FORCE AND EFFECT. ON POINT ELECTRIC AND CONTROLS LTD.’s ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER OR ANY OTHER DOCUMENT IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY CUSTOMER OF THESE TERMS AND CONDITIONS. CUSTOMER WILL HAVE DEEMED TO HAVE ASSENTED TO ALL SUCH TERMS AND CONDITIONS UPON EXECUTING THIS AGREEMENT. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN CUSTOMER’S PURCHASE ORDER OR IN ANY OTHER CORRESPONDENCE SHALL BE OF NO FORCE AND EFFECT UNLESS ON POINT ELECTRIC AND CONTROLS LTD. SPECIFICALLY AGREES IN WRITING TO TERMS AND CONDITIONS DIFFERENT FROM THOSE CONTAINED HEREIN.
1. TERM: Unless otherwise indicated herein, the terms and conditions set forth in this Agreement shall be in force and effect for the specific services noted as follows:
Service Plans: This agreement shall automatically renew for continuously unless terminated by either party upon thirty (30) days written notice prior to the expiration of the original term or of any renewal term thereafter.
Monitoring: Upon expiration of the initial term, this agreement shall automatically renew for additional three (3) year terms unless terminated by either party upon thirty (30) days written notice prior to the expiration of the original term or of any renewal term thereafter.
2. AGREEMENT CHANGES: No amendments, modifications, or supplements to this Agreement shall be binding unless in writing and signed by both parties. It is agreed that for any alteration to or deviation from this Agreement involving extra costs or work, the cost of material or labor will become an extra charge (fixed-price amount to be negotiated or on a time-and-material basis at ON POINT ELECTRIC AND CONTROLS LTD.’s prevailing rates then in effect) over the sum
stated in this Agreement. CUSTOMER acknowledges that pricing in this Agreement is based on ON POINT ELECTRIC AND CONTROLS LTD.’s standard labour force charges and third party services contracted by ON POINT ELECTRIC AND CONTROLS LTD. and ON POINT ELECTRIC AND CONTROLS LTD. shall not be responsible for any additional charges that may result from incidental work requirements such as an increase in labour charges or work force requirements.
3. CHARGES AND PAYMENT: ON POINT ELECTRIC AND CONTROLS LTD. will issue invoices to CUSTOMER for payments to be made to ON POINT ELECTRIC AND CONTROLS LTD.. Recurring charges for monitoring, rental and service are payable yearly in advance and ON POINT ELECTRIC AND CONTROLS LTD. may issue invoices thirty (30) days prior to the commencement of services. For sales and installation, a thirty percent (30%) non-refundable deposit will be payable by CUSTOMER upon contract signing with the remainder due upon final acceptance. ON POINT ELECTRIC AND CONTROLS LTD. shall be entitled to issue, on an installment basis, invoices for chargeable services and the supply of equipment upon the provision of the service or equipment, as the case may be. The Customer must enroll in On Point Electric and Controls LTD.’s free on-line billing system. The Customer must provide its accounts payable email address to receive invoices and related notifications. The Customer shall pay all invoices via electronic payment only, which includes wire transfers, electronic fund transfers, credit or debit cards. The prices quoted on imported items are based on the Canadian currency exchange rate as of the date of this contract. Should the foreign currency exchange rate fluctuate prior to delivery of the items, On Point Electric and Controls LTD. shall have the right to charge a surcharge in order to cover any additional cost incurred.
All invoices are due and payable within thirty (30) days of invoice date. ON POINT ELECTRIC AND CONTROLS LTD. shall have the right to increase the recurring charges for monitoring and/or service provided herein at any time after the expiration of one year from the commencement of the term of this Agreement. On Point Electric and Controls LTD. shall also have the right, at its sole discretion, to adjust prices in order to account for any significant currency exchange rate fluctuations. Should the CUSTOMER cancel this Agreement prior to the expiration of the initial term, the CUSTOMER shall pay to ON POINT ELECTRIC AND CONTROLS LTD. a cancellation fee representing 60% of the summed recurring charges remaining on the Agreement, on a site by site basis. Any standard goods that are either received at ON POINT ELECTRIC AND CONTROLS LTD.’s warehouse, or delivered to the CUSTOMER site, that are later cancelled or returned by CUSTOMER are subject to a fifteen percent (15%) restocking fee. Any custom orders are subject to a one hundred percent (100%) restocking fee. Interest charges of 2% per month, effective rate of 26.82% per annum, will apply on all overdue accounts.
4. TAXES: The CUSTOMER shall be responsible for all taxes applicable to the work and/or materials hereunder. ON POINT ELECTRIC AND CONTROLS LTD. shall have the right to adjust taxes charged to CUSTOMER if there are changes or adjustments required by any provincial or Federal statute or legislation.
5. SERVICE HOURS: ON POINT ELECTRIC AND CONTROLS LTD. will perform all work involving installation, periodic inspection, and testing of the system on the CUSTOMER’S premises during normal business hours: Monday through Friday between 8:00 a.m. and 5:00 p.m., excluding Holidays. Any exceptions to these work periods are to be mutually agreed upon by ON POINT ELECTRIC AND CONTROLS LTD. and the CUSTOMER with the CUSTOMER paying any additional costs incurred for work done other than during such work periods. CUSTOMER shall notify ON POINT ELECTRIC AND CONTROLS LTD. of any cancellations forty-eight (48) hours in advance of any scheduled service call. Failure to notify will result in an additional service fee charged to CUSTOMER.
6. INSTALLATION / SITE CONDITIONS: ON POINT ELECTRIC AND CONTROLS LTD. We will arrange for the installation of the equipment in accordance with specification, drawings and instructions provided by CUSTOMER, which specifications and drawings are considered a part of this Agreement. CUSTOMER shall secure and pay for any required building permits and government fees, licenses, and inspection necessary for the proper execution and completion of the installation, inspection or testing which are legally required at the time these tasks are performed. CUSTOMER shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any regulatory entity having authority over of the work. If required by fire codes, building codes, electrical codes or ULC, CUSTOMER may be required to retrofit existing fire panels, sprinklers, electrical or other building specifications at CUSTOMER’s cost or at additional fees to be charged by ON POINT ELECTRIC AND CONTROLS LTD. The CUSTOMER hereby authorizes ON POINT ELECTRIC AND CONTROLS LTD. and its duly authorized employees and agents to enter the premises for the purposes of installing, inspecting, repairing and removing the security system and will ensure that ON POINT ELECTRIC AND CONTROLS LTD. has a safe working environment and unencumbered access to all areas where work is being performed. The CUSTOMER agrees to maintain, at its own expense, the doors, windows, sprinkler system, if any, and other protected portions of the premises in a condition of proper repair and to make good any defects which may impair the rendering of the service provided hereunder. Where required for installation or service, CUSTOMER shall either provide 110V AC power that can be locked out for work to be conducted or authorize for electrical work to be conducted by qualified and licensed electrical contractors. ON POINT ELECTRIC AND CONTROLS LTD. agrees to use reasonable care in installing, repairing and removing the security system, however, ON POINT ELECTRIC AND CONTROLS LTD. shall not be responsible for the patching and refinishing of wall surfaces resulting from the removal or upgrade of existing equipment. The CUSTOMER agrees to notify ON POINT ELECTRIC AND CONTROLS LTD. of any structural alteration of, or repairs or any other modification to the premises which might affect the functioning of the security system. In the event ON POINT ELECTRIC AND CONTROLS LTD. is required, in connection with the installation of the equipment, to do additional work or incur additional costs due to delays because CUSTOMER did not prepare the job site, or because the drawings, wiring or other work done by CUSTOMER or for CUSTOMER by others, was not properly represented in the drawing supplied to ON POINT ELECTRIC AND CONTROLS LTD, ON POINT ELECTRIC AND CONTROLS LTD. shall have the option of doing the additional work required to complete the job, and will charge CUSTOMER at ON POINT ELECTRIC AND CONTROLS LTD.’s current prevailing rates for such work, or, of abandoning the installation with CUSTOMER remaining liable for full payment to ON POINT ELECTRIC AND CONTROLS LTD. upon ON POINT ELECTRIC AND CONTROLS LTD.’s demand. CUSTOMER represents to ON POINT ELECTRIC AND CONTROLS LTD. that it has an interest in the real estate on which the equipment is to be installed and that it has the authority to and hereby authorizes ON POINT ELECTRIC AND CONTROLS LTD. to do the work provided in this Agreement. Further, CUSTOMER warrants that the job site at which the installation work to be done hereunder, complies with all applicable safety and work rules and all government and contractual requirements as to working conditions. Where CUSTOMER or their third party contractors are providing an elevated work platform or lift, such elevated work platform or lift shall meet all applicable EH&S requirements. Any and all fire signal initiating devices are provided as a supplement to a primary fire detection system only. It is not intended to be used as the primary ULC listed fire alarm system where such panels are required by local building codes or other authorities.
7. ENVIRONMENTAL: CUSTOMER agrees and acknowledges that CUSTOMER shall be solely responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with hazardous materials or substances, and CUSTOMER shall be solely responsible for reporting the presence of said hazardous materials or substances to the proper governmental authorities. CUSTOMER further agrees and acknowledges that title to, ownership of, and legal responsibility and liability for any and all such hazardous materials and substances at all times shall remain with the CUSTOMER and that the CUSTOMER shall be solely responsible for the removal, handling and disposal of all hazardous materials in accordance with all applicable government regulations.
8. TITLE: It is expressly agreed that any property furnished by ON POINT ELECTRIC AND CONTROLS LTD. shall be and remain personal property, and the title to same is hereby retained by ON POINT ELECTRIC AND CONTROLS LTD., and shall not pass to the CUSTOMER until the work has been substantially completed. For rentals, title shall remain with ON POINT ELECTRIC AND CONTROLS LTD. at all times and shall not pass to the CUSTOMER unless buy out arrangements have been made and satisfied between ON POINT ELECTRIC AND CONTROLS LTD. and the CUSTOMER.
ON POINT ELECTRIC AND CONTROLS LTD. makes no warranty, express or implied, in connection with any inspection services provided hereunder.
Installation, Maintenance and/or Repair Services Warranty
ON POINT ELECTRIC AND CONTROLS LTD. warrants that the services provided hereunder will be performed in accordance with generally accepted industry standards and practices by competent personnel. In the event that any services fail to comply with the foregoing standard upon notice within one hundred and twenty (120) days from the date services are completed, ON POINT ELECTRIC AND CONTROLS LTD. will, at its sole option, either re-perform the non-complying services at no additional charge or refund to CUSTOMER all fees paid by CUSTOMER for the non complying portion of the services. These remedies are the exclusive remedies available to CUSTOMER for any breach of ON POINT ELECTRIC AND CONTROLS LTD.’s installation, maintenance or repair services warranty.
Products / Replacement Parts Warranty
ON POINT ELECTRIC AND CONTROLS LTD. warrants for a period of one hundred and twenty (120) days (the "Warranty Period") that any products manufactured by it and supplied in connection with its services shall be free from defects in workmanship or material. The Warranty Period shall begin upon substantial completion of the work, but entitlement to claim under the warranty commences only once payment is received in full by ON POINT ELECTRIC AND CONTROLS LTD. for the equipment and/or initial installation. During the Warranty Period, provided ON POINT ELECTRIC AND CONTROLS LTD. is promptly notified in writing upon the discovery of any defect in workmanship or material and further provided that all costs of returning the defective products to ON POINT ELECTRIC AND CONTROLS LTD. are pre-paid by CUSTOMER, ON POINT ELECTRIC AND CONTROLS LTD. agrees, at ON POINT ELECTRIC AND CONTROLS LTD.’s sole option, to either repair or replace defective products, or refund
CUSTOMER’s fees paid for such products. ON POINT ELECTRIC AND CONTROLS LTD.’s sole liability with respect to third-party equipment, materials, parts or software furnished by ON POINT ELECTRIC AND CONTROLS LTD. To CUSTOMER is limited to the permissible assignment by ON POINT ELECTRIC AND CONTROLS LTD. to CUSTOMER of any third party supplier's warranty, to the extent the warranty is assignable. The foregoing remedies are the exclusive remedies for any breach of ON POINT ELECTRIC AND CONTROLS LTD.’s products warranty. In no event shall ON POINT ELECTRIC AND CONTROLS LTD. have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or other event beyond the reasonable control or fault of ON POINT ELECTRIC AND CONTROLS LTD., (iii) misuse, fault or negligence of or by CUSTOMER, (iv) use of the products in a manner for which they were not designed, (v) causes external to the products such as, but not limited to, power failure or electrical power surges or (vi) use of the products in combination with equipment or software not supplied by ON POINT ELECTRIC AND CONTROLS LTD.. Any installation, maintenance, repair, service, relocation or alteration to or of, or other tampering with, the products performed by any person or entity other than ON POINT ELECTRIC AND CONTROLS LTD. without ON POINT ELECTRIC AND CONTROLS LTD.’s prior written approval, or any use of replacement parts not supplied by ON POINT ELECTRIC AND CONTROLS LTD., shall immediately void and cancel all warranties with respect to the affected products.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY ON POINT ELECTRIC AND CONTROLS LTD. IN CONNECTION WITH THE SERVICES PERFORMED AND PRODUCTS PROVIDED HEREUNDER, AND ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY ON POINT ELECTRIC AND CONTROLS LTD., INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
10. ULC CERTIFIED SYSTEMS: CUSTOMER acknowledges and agrees that any service for ULC certified systems must be rendered by the next business day.
Any variations from ULC Standards must be resolved within 30 days whether related to the CUSTOMER, third party or ON POINT ELECTRIC AND CONTROLS LTD. supplied equipment. For ULC certified installations, the CUSTOMER acknowledges
that annual inspections for burglary systems and fire panel monitoring and bi-monthly inspections for sprinkler monitoring are a requirement under the ULC Certificate Programs. ON POINT ELECTRIC AND CONTROLS LTD. will require unencumbered access to conduct these inspections, as required. For ULC certified installations, the CUSTOMER acknowledges that a separate service & maintenance agreement must be maintained to ascertain that the system is periodically checked and preventative maintenance is conducted. For ULC certified installations, ULC Standards require that only the ULC listed and certificate issuing service provider (ON POINT ELECTRIC AND CONTROLS LTD.) is permitted to service the system.
11. ON POINT ELECTRIC AND CONTROLS LTD. TAKE OVER OF A THIRD PARTY SYSTEM: This provision shall apply if ON POINT ELECTRIC AND CONTROLS LTD. is taking over a third party security system that was not originally designed, installed or serviced by ON POINT ELECTRIC AND CONTROLS LTD.. It is acknowledged that the existing system has been designed, installed and serviced by others. ON POINT ELECTRIC AND CONTROLS LTD. accepts no responsibility for the suitability of the design, the proper application and installation of any detection devices and associated wiring, the proper programming of the control panel, and the proper operation of the system. Repairs that are necessary, in ON POINT ELECTRIC AND CONTROLS LTD.' sole opinion, to correct any deficiency in the system design or operation, which may include, but are not limited to,
the replacement or addition of any system component will be done at the CUSTOMER’s expense on a time and material basis. Equipment and labour warranties do not apply where this Agreement is solely for the takeover and monitoring of a third party installed security system. Coverage by any service & maintenance agreement for the system will become effective only after all identified required repairs have been completed. CUSTOMER acknowledges that it owns the system with free and clear title and will inform ON POINT ELECTRIC AND CONTROLS LTD. of the particulars of any lien holder or other party who may have any interest in the system. CUSTOMER acknowledges responsibility for, and will inform ON POINT ELECTRIC AND CONTROLS LTD. of the status of: (1) the payment of any outstanding penalties, permit fees, charges, etc. payable to municipal, provincial, police, ambulance, and fire authorities; (2) any current service suspensions resulting from false alarms for any period and will ensure that their account is in a current position prior to the start of any monitoring or service agreement with ON POINT ELECTRIC AND CONTROLS LTD.; and (3) any claims or disputes pending with current monitoring provider or system installer.
12. FORCE MAJEURE: ON POINT ELECTRIC AND CONTROLS LTD. shall not be liable for any failure to perform or delays in installing or repairing equipment or systems, or for any interruption of any service to be provided hereunder or in the performance of any other obligation hereunder as a result of an event beyond its reasonable control, including, but not limited to, strikes, industrial disputes, fire, flood, acts of God, war, insurrection, vandalism, sabotage, invasion, riot, national emergency, piracy, hijack, acts of terrorism, embargoes or restraints, extreme weather or traffic conditions, temporary closure of roads, extended power outages, legislation, regulation, order or other act of any government or governmental agency and shall not be required to supply any service to the CUSTOMER while interruption of such service due to any such cause shall continue. Service charges shall cease until service is resumed.
13. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL OR ECONOMIC LOSS, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING, WHETHER OR NOT FORESEEABLE BY ON POINT ELECTRIC AND CONTROLS LTD. OR CUSTOMER AND WHETHER OR NOT DUE TO NEGLIGENCE OF EITHER PARTY IN WHOLE OR IN PART. Notwithstanding anything to the contrary herein and to the extent permitted by law, the aggregate liability of ON POINT ELECTRIC AND CONTROLS LTD. to the CUSTOMER, whether in contract, tort (including negligence), or otherwise will be limited to one (1) times the contract value, provided, however, the foregoing does not limit the liability of ON POINT ELECTRIC AND CONTROLS LTD. for any injury to, or death of a person, caused by the gross negligence of ON POINT ELECTRIC AND CONTROLS LTD.. Any action against ON POINT ELECTRIC AND CONTROLS LTD. in connection within this Agreement must be commenced within one (1) year after the cause of action has arisen. CUSTOMER acknowledges that, if applicable, ON POINT ELECTRIC AND CONTROLS LTD.’s liability for monitoring services is set out in Section 4 of Appendix “A”.
14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where work is being performed including all matters of construction, validity, performance and enforcement. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and of equal force and effect.
15. SEVERABILITY: If any term, covenant, condition or provision of this Agreement, or the application thereof to any circumstance, shall, at any time or to any extent, be determined by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, condition or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
16. SUBCONTRACTING: ON POINT ELECTRIC AND CONTROLS LTD. shall have the right to subcontract, in whole or in part, any installations and/or services, including, but not limited to, monitoring services and/or limited warranty/extended limited warranty services which ON POINT ELECTRIC AND CONTROLS LTD. may perform. CUSTOMER acknowledges that this Agreement and particularly those terms relating to ON POINT ELECTRIC AND CONTROLS LTD.’s limited liability and disclaimer of warranties, inure to the benefit of, and are applicable to, any assignees and/or subcontractors with the same force and effect as they bind CUSTOMER to ON POINT ELECTRIC AND CONTROLS LTD.
17. CONFIDENTIALITY: The parties acknowledge and agree that the terms of this Agreement are confidential between the parties and all affiliates and all other related parties.
18. GENERAL: (a) This Agreement, including any supplemental orders and addendums relating to this Agreement, constitute the entire contract between ON POINT ELECTRIC AND CONTROLS LTD. and the CUSTOMER and supersedes all prior written and oral agreements in relation to the work contemplated under this Agreement. No agreement, understanding, representation or warranty, either express or implied, other than as contained herein shall in any way change, vary, alter, add to or modify the terms hereof. Any purchase order issued by CUSTOMER accepting a ON POINT ELECTRIC AND CONTROLS LTD. proposal made in this Agreement shall be deemed to be acceptance of the CUSTOMER of the terms and conditions herein notwithstanding any terms and conditions on the purchase order. (b) The CUSTOMER agrees that any waiver of any default or defaults by ON POINT ELECTRIC AND CONTROLS LTD. hereunder shall not constitute a waiver of any subsequent default or defaults or be construed as a representation that ON POINT ELECTRIC AND CONTROLS LTD. has waived any subsequent default or defaults. (c) This Agreement is not binding on ON POINT ELECTRIC AND CONTROLS LTD. until received and approved by a ON POINT ELECTRIC AND CONTROLS LTD. manager and is signed by duly authorized representatives.
19. ASSIGNMENT: This Agreement may not be assigned by the CUSTOMER without prior written consent of ON POINT ELECTRIC AND CONTROLS LTD., which consent shall not be unreasonably withheld. ON POINT ELECTRIC AND CONTROLS LTD. may assign all or any of its rights or obligations hereunder.
20. NOTICES: Any notice required or contemplated hereunder shall be sufficiently given if mailed by prepaid registered post to ON POINT ELECTRIC AND CONTROLS LTD. or to the CUSTOMER at the premises and shall be conclusively deemed to have been given and received on the third business day after it is so mailed. All change of address must be in writing and delivered to ON POINT ELECTRIC AND CONTROLS LTD. by CUSTOMER.
21. INTERNATIONAL TRADE: This agreement entered between On Point Electric and Controls LTD. and the Customer is conditional upon On Point Electric and Controls LTD. receiving all necessary information on the transaction (including, but not limited to customer, end-use, end-user, intermediaries). On Point Electric and Controls LTD. reserves the right to refuse any order placed in breach of laws
and regulations or ethical rules applicable to On Point Electric and Controls LTD., including, but not limited to, international trade compliance rules prohibiting sale of goods and services to certain sectors, certain countries, certain individuals or legal entities that are subject to economic, financial or other sanctions.
22. LANGUAGE: The parties agree that it is their expressed wish that this agreement and all related documents be drawn up in the English language.
General Terms and Conditions for Monitoring Services
AS REQUESTED BY THE CUSTOMER, ON POINT ELECTRIC AND CONTROLS LTD. AGREES TO PROVIDE MONITORING SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS LISTED BELOW. IN CASE OF ANY CONFLICT BETWEEN THE GENERAL TERMS AND CONDITIONS ABOVE AND THESE TERMS AND CONDITIONS FOR MONITORING SERVICES, THE TERMS AND CONDITIONS FOR MONITORING SERVICES SHALL GOVERN MONITORING SERVICES EXCLUSIVELY. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY AGREE THAT ARTICLES 8, 9 AND 13 OF THE GENERAL TERMS AND CONDITIONS DO NOT APPLY TO THE SCOPE OF MONITORING SERVICES.
1. ON POINT ELECTRIC AND CONTROLS LTD. MONITORING SERVICE: ON POINT ELECTRIC AND CONTROLS LTD. will provide, or cause to be provided, alarm and/or remote video response and notification services as provided in this Agreement. Upon ON POINT ELECTRIC AND CONTROLS LTD.’s receipt of an alarm signal from CUSTOMER’s System, ON POINT ELECTRIC AND CONTROLS LTD. shall make a reasonable effort to notify the police, fire department, emergency medical services, private guard service, or other authority having jurisdiction (collectively, the “Emergency Services”) as we deem appropriate under the circumstances in the reasonable exercise of our judgment, unless there is reasonable cause to conclude that an emergency condition does not exist, in which case, ON POINT ELECTRIC AND CONTROLS LTD. shall make a reasonable effort to notify one or more of the representatives designated on CUSTOMER’s Emergency Notifications and/or Protocol form, unless CUSTOMER has instructed ON POINT ELECTRIC AND CONTROLS LTD. otherwise, in writing. ON POINT ELECTRIC AND CONTROLS LTD., in its sole discretion, may attempt to call CUSTOMER’s premises prior to notifying any of the Emergency Services to verify the nature of any such alarm and/or video signal, unless otherwise prohibited by codes, as with fire alarms where ON POINT ELECTRIC AND CONTROLS LTD. will notify the local fire department immediately without verifying the alarm. Upon receipt of a trouble, auxiliary, supervisory, or low battery signal from the System, ON POINT ELECTRIC AND CONTROLS LTD. shall make a reasonable effort to notify CUSTOMER.
Video Verification and/or Monitoring Services: If Video verification or monitoring services are provided under this Agreement, ON POINT ELECTRIC AND CONTROLS LTD.’s sole obligation arising from the viewing of video images from CUSTOMER’s premises shall be to monitor the signals ON POINT ELECTRIC AND CONTROLS LTD. actually receives from the System and, upon receipt of an image indicating in the reasonable exercise of ON POINT ELECTRIC AND CONTROLS LTD.’s judgment that an emergency condition exists, ON POINT ELECTRIC AND CONTROLS LTD. will make a reasonable effort to notify the Emergency Services ON POINT ELECTRIC AND CONTROLS LTD. deems appropriate and to such persons on CUSTOMER’s Emergency Notifications and/or Protocol form. CUSTOMER understands that any or all of the Emergency Services contacted by ON POINT ELECTRIC AND CONTROLS LTD. in response to an alarm and/or video signal may not respond. CUSTOMER understands that local laws, ordinances or policies may restrict ON POINT ELECTRIC AND CONTROLS LTD.’s ability to provide the alarm and/or video verification and notification services. CUSTOMER understands that upon receiving a fire or a medical signal, the police, fire department or other responding authority may forcefully enter CUSTOMER’s premises. CUSTOMER consents
to the recording of all telephone communications between ON POINT ELECTRIC AND CONTROLS LTD.’s monitoring station and CUSTOMER and CUSTOMER’s employees and representatives.
2. DISCLAIMER OF LIABILITIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, ON POINT ELECTRIC AND CONTROLS LTD. MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE SYSTEM, ITS MERCHANTABILITY, OR ITS FITNESS FOR A PARTICULAR PURPOSE. ON POINT ELECTRIC AND CONTROLS LTD. NEITHER REPRESENTS NOR WARRANTS: THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED; THAT THE SYSTEM WAS DESIGNED TO OR WILL PREVENT ANY LOSS BY BURGLARY, HOLD UP, FIRE, PHYSICAL INJURY, MEDICAL CONDITION, OR
ILLNESS, OR OTHERWISE; OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE DETECTION OR RESPONSE FOR WHICH IT IS INTENDED. CUSTOMER AGREES: THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY ON POINT ELECTRIC AND CONTROLS LTD. SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY; CUSTOMER REPRESENTS THAT IT HAS NOT RELIED ON ANY STATEMENT, REPRESENTATION ACTION OR OTHER CONDUCT BY ON POINT ELECTRIC AND CONTROLS LTD. IN ELECTING TO ENTER INTO THIS AGREEMENT OR THAT, ABSENT SUCH REPRESENTATION; YOU WOULD NOT HAVE ENTERED INTO THIS
AGREEMENT. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE.
3. ON POINT ELECTRIC AND CONTROLS LTD. IS NOT AN INSURER: ON POINT ELECTRIC AND CONTROLS LTD.' business is the installation, servicing and monitoring of security systems. Both the CUSTOMER and ON POINT ELECTRIC AND CONTROLS LTD. recognize
that no matter how good the system is or how carefully it is installed and serviced, the possibility of failure still exists. Further where ON POINT ELECTRIC AND CONTROLS LTD. is required to connect to third party equipment for monitoring or integration, ON POINT ELECTRIC AND CONTROLS LTD. assumes no responsibility for any losses that may result from the failure of such third party equipment. In respect to this, CUSTOMER UNDERSTANDS AND AGREES THAT ON POINT ELECTRIC AND CONTROLS LTD. IS NOT AN INSURER AND THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY THE CUSTOMER AND THAT PAYMENTS PROVIDED HEREIN FOR MONITORING SERVICES ARE BASED SOLELY ON THE VALUE OF THE MONITORING SERVICES AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PREMISES OR PROPERTY LOCATED ON SUCH PREMISES. IN THE EVENT OF ANY LOSS OR INJURY TO ANY PERSON OR PROPERTY, THE CUSTOMER AGREES TO LOOK EXCLUSIVELY TO ITS INSURER TO RECOVER DAMAGES. CUSTOMER WAIVES ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST ON POINT ELECTRIC AND CONTROLS LTD. THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR LOSS OR INJURY TO ANY OTHER PERSON.
4. LIMITATION OF LIABILITY: THIS SECTION DESCRIBES THE RISKS THAT THE CUSTOMER ASSUMES AND IS RESPONSIBLE FOR AND LIMITS ON POINT ELECTRIC AND CONTROLS LTD.’s LIABILITY TO THE CUSTOMER FOR ANY MONITORING CLAIMS MADE BY CUSTOMER. The words “WE”, “US” AND “OUR” in this section includes ON POINT ELECTRIC AND CONTROLS LTD. and ON POINT ELECTRIC AND CONTROLS LTD.’s assignees, agents, employees, subcontractors, subsidiaries, affiliates or parent companies.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE PROVINCIAL OR TERRITORIAL LAW, THE CUSTOMER ASSUMES AND IS RESPONSIBLE FOR: (A) ALL RISK OF LOSS AND/OR DAMAGE TO CUSTOMER’S PREMISES AND THE CONTENTS THEREOF; (B) ALL RISK OF ANY AND ALL INJURY AND/OR DEATH TO ANY PERSON AT CUSTOMER’S PREMISES; (C) OBTAINING INSURANCE AGAINST ALL RISKS, INCLUDING SUCH RISKS AS THE ALARM SYSTEM AND MONITORING IS DESIGNED TO DETECT OR AVERT.
THE CUSTOMER AGREES THAT (UNLESS PROHIBITED BY PROVINCIAL OR TERRITORIAL LAW) IF ANY LIABILITY IS IMPOSED ON US WHETHER UNDER THIS AGREEMENT OR OTHERWISE, THE CUSTOMER’S EXCLUSIVE REMEDY SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT (10%) OF THE RECURRING ANNUAL MONITORING CHARGE OR ONE THOUSAND DOLLARS ($1,000.00), WHICHEVER IS GREATER. The limit of liability in this section applies irrespective of whether THE CUSTOMER’S losses, expenses, costs and damages are direct, indirect, special, incidental or consequential in nature.
THE FOREGOING SUM SHALL BE THE CUSTOMER’S EXCLUSIVE REMEDY (UNLESS PROHIBITED BY APPLICABLE PROVINCIAL OR TERRITORIAL LAW) FOR ALL LOSSES, EXPENSES, COSTS, AND DAMAGES TO PERSONS (INCLUDING AS A RESULT OF INJURY OR DEATH) OR TO PROPERTY THAT ARISE OUT OF OR ARE RELATED TO: (A) the performance, non-performance or repudiation by us of the obligations imposed by this Agreement, including any express or implied warranties or obligations, including any warranties or obligations imposed under federal, provincial or territorial law with respect to the services provided under this Agreement; (B) our negligence with respect to the monitoring of the alarm system or the dispatch of emergency services in connection with any alarm event; and (C) any alleged misrepresentation by us.
THE CUSTOMER MAY OBTAIN FROM ON POINT ELECTRIC AND CONTROLS LTD. A HIGHER LIMIT OF LIABILITY BY PAYING A HIGHER MONITORING CHARGE TO ON POINT ELECTRIC AND CONTROLS LTD.. If the CUSTOMER elects to exercise this option, a rider shall be attached to this Agreement, setting forth such higher limit and the additional cost, but such rider shall in no way be interpreted to hold On Point Electric and Controls LTD. liable in excess of such provisions.
The CUSTOMER agrees that this section shall survive the expiration or early termination of this Agreement for any reason whatsoever, including for fundamental breach of this Agreement by us.
The CUSTOMER acknowledges that it has the option of purchasing a higher limit of liability and will advise On Point Electric and Controls LTD. if it wants to do so.
5. CUSTOMER’S RESPONSIBILITY: CUSTOMER acknowledges that the System is on the premises of CUSTOMER and that CUSTOMER is responsible for any charges assessed by CUSTOMER’s transmission system provider. CUSTOMER acknowledges and agrees that CUSTOMER is solely responsible for the selection of the configuration of equipment, monitoring network configuration, initial and updates to the open/close schedules, key holder call lists and dispatch instructions and the resulting level of protection and that additional protection may be obtained over and above that provided under this Agreement at additional cost to CUSTOMER. CUSTOMER agrees to operate the System according to the procedures prescribed or suggested by ON POINT ELECTRIC AND CONTROLS LTD. and the manufacturer(s) of the
System. CUSTOMER agrees to test both the alarm and video (if applicable) Systems and any other third party equipment monitored by ON POINT ELECTRIC AND CONTROLS LTD. in accordance with this Agreement and application instructions and to contact ON POINT ELECTRIC AND CONTROLS LTD. promptly in the event the System fails to test or fails in any other respect and CUSTOMER agrees to notify ON POINT ELECTRIC AND CONTROLS LTD. of such defect or malfunction as soon as reasonably possible. CUSTOMER agrees to promptly notify ON POINT ELECTRIC AND CONTROLS LTD. in writing (and provide appropriate updated information) of any changes needed to be made to the persons, entities or information listed by CUSTOMER on the Emergency Notifications and/or Protocol form. CUSTOMER acknowledges that in some areas it is a requirement to obtain a permit or license to operate an alarm system. At CUSTOMER’s sole expense, CUSTOMER will obtain any necessary permit or license that may be required for monitoring and operation of the System and will provide ON POINT ELECTRIC AND CONTROLS LTD. a copy of such permit or license. CUSTOMER agrees to maintain any such permit or license during the term of this Agreement and for any renewals of this Agreement. CUSTOMER acknowledges that failure to obtain and maintain any such permit or license may result in refusal of the Emergency Services to respond to an alarm and/or video notification and CUSTOMER releases ON POINT ELECTRIC AND CONTROLS LTD. from any responsibility or liability for their refusal to respond. CUSTOMER acknowledges that this Section 5 is not a complete listing of CUSTOMER’s responsibilities under this Agreement.
6. INDEMNIFICATION: THE CUSTOMER AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD ON POINT ELECTRIC AND CONTROLS LTD. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING THIRD-PARTY CLAIMS, LIABILITY AND DAMAGES (INCLUDING WITHOUT LIMITATION EXPENSES, COSTS AND ATTORNEYS’ FEES) RELATING TO THE DESIGN, INSTALLATION, PERFORMANCE OR OPERATION OF THE SYSTEM, THE MONITORING OF THE SYSTEM AND ANY RISKS, LOSSES, DAMAGES, INJURIES, DEATH OR OTHER EFFECTS OF ANY HAZARD OR EVENT THAT OCCURS AT OR AROUND CUSTOMER’S PREMISES, INCLUDING, BUT NOT LIMITED TO, SUCH CLAIMS OR LIABILITIES THAT ARE BASED UPON THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, AND/OR STRICT LIABILITY BY ON POINT ELECTRIC AND CONTROLS LTD., OUR ASSIGNEES, AGENTS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES. THE CUSTOMER’S INDEMNIFICATION OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT FOR ANY REASON WHATSOEVER.
7. TRANSMISSION SYSTEMS: CUSTOMER understands that: (a) the System communicates with the monitoring station over one or more transmission systems, such as POTS (plain old telephone service), DVAC, VOIP, DSL, broadband, cellular, radio, internet, etc.; (b) these transmission systems are beyond ON POINT ELECTRIC AND CONTROLS LTD.’s control and are maintained and serviced solely by the applicable transmission system provider; (c) these transmission systems may not always be reliable; and (d) any changes made to these transmission systems may disrupt communications to and from the System and, without notice from the CUSTOMER or the transmission service provider, ON POINT ELECTRIC AND CONTROLS LTD. will have no way to know of such problem. CUSTOMER UNDERSTANDS THAT ON POINT ELECTRIC AND CONTROLS LTD. WILL NOT RECEIVE SIGNALS FROM THE SYSTEM IF TRANSMISSION SYSTEM IS NOT WORKING PROPERLY OR IF CHANGES IN THE TRANSMISSION SYSTEM PREVENT THE SYSTEM FROM COMMUNICATING WITH THE MONITORING FACILITY. CUSTOMER IS RESPONSIBLE FOR TESTING THE SYSTEM FOLLOWING ANY CHANGE TO THE TRANSMISSION SYSTEM CUSTOMER’S SYSTEM WORKS WITH. CUSTOMER FURTHER UNDERSTANDS THAT CUSTOMER WILL NOT BE ABLE TO USE ITS TELEPHONE SERVICE TO MAKE OTHER CALLS (SUCH AS TO 911) WHEN THE ALARM SYSTEM IS TRANSMITTING AND, THEREFORE, MAY WISH TO HAVE THE SYSTEM CONNECTED TO A DIFFERENT TELEPHONE SERVICE. IF THE TELEPHONE SERVICE IS OUT OF ORDER, PLACED ON VACATION STATUS, CHANGED TO A SERVICE NOT COMPATIBLE WITH THE SYSTEM OR OTHERWISE NOT WORKING, SIGNALS CANNOT BE TRANSMITTED, AND ON POINT ELECTRIC AND CONTROLS LTD. WILL NOT KNOW OF THE TELEPHONE SERVICE PROBLEM. ON POINT ELECTRIC AND CONTROLS LTD. IS NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE DUE TO ANY CAUSE BEYOND ITS CONTROL, SUCH AS WHEN CUSTOMER’S TRANSMISSION SYSTEM HAS BEEN TAMPERED WITH (FOR EXAMPLE, IF THE TELEPHONE LINE HAS BEEN CUT) OR IS OTHERWISE NOT WORKING PROPERLY, OR AS A RESULT OF ANY DAMAGE OR DESTRUCTION TO THE EQUIPMENT OR FACILITIES. CUSTOMER ACKNOWLEDGES THAT THE POSSIBILITY OF COMMUNICATION SERVICES FAILURE MAY BE MATERIALLY REDUCED BY ACQUIRING A DEDICATED SUPERVISED COMMUNICATION SERVICE AT AN ADDITIONAL COST RATHER THAN PLACING RELIANCE ON POTS TELEPHONE LINE, SERVICE WHICH IS MORE READILY COMPROMISED. CUSTOMER IS RESPONSIBLE FOR THE COSTS (INCLUDING LABOR AND MATERIALS) OF ANY AND ALL ADDITIONAL EQUIPMENT, UPGRADES OR MODIFICATIONS TO THE EQUIPMENT NEEDED TO ENSURE CONTINUED FUNCTIONALITY DUE TO CHANGES IN THE TRANSMISSION SYSTEM, REGARDLESS OF WHETHER MANDATED BY THE TRANSMISSION SYSTEM PROVIDER OR ANY LOCAL, STATE, PROVINCIAL OR FEDERAL GOVERNMENT. COMMUNICATOR MODULES SHALL REMAIN THE PROPERTY OF ON POINT ELECTRIC AND CONTROLS LTD.. ON POINT ELECTRIC AND CONTROLS LTD. SHALL NOT BE RESPONSIBLE FOR FAILURES INCURRED OR COSTS ASSOCIATED WITH DIAGNOSIS AND REPAIR OF NETWORKS OWNED AND MANAGED BY THE CUSTOMER OR OTHER RELATED THIRD PARTY. ON POINT ELECTRIC AND CONTROLS LTD. RESERVES THE RIGHTS TO CONDUCT REMOTE ELECTRONIC TESTING AND DIAGNOSTICS FOR ULC INSPECTION REQUIREMENTS. CUSTOMER AGREES THAT ON COMPLETION OF THE INSTALLATION A FOURTEEN (14) DAY LEARNING PERIOD WILL BE IMPLEMENTED TO ENABLE CUSTOMER TO BECOME ACCUSTOMED TO THEIR SYSTEM AND TO ALLOW ON POINT ELECTRIC AND CONTROLS LTD. TO MAKE ANY NECESSARY ADJUSTMENTS TO ACCOMMODATE FOR SITE SPECIFIC OR ENVIRONMENTAL CONDITIONS. ON POINT ELECTRIC AND CONTROLS LTD. WILL ATTEMPT TO NOTIFY KEY HOLDERS ONLY AND NO SIGNALS (INCLUDING AN ALARM SIGNAL) WILL BE GIVEN TO THE AUTHORITIES FOR RESPONSE.
8. FALSE REPORTS AND ALARMS: Irrespective of the cause, the CUSTOMER is responsible for fines as a result of false alarms and for dispatch charges levied to ON POINT ELECTRIC AND CONTROLS LTD. by the police, any telecommunications authority, or other body where police or other party have been dispatched in response to an alarm signal received by ON POINT ELECTRIC AND CONTROLS LTD.. Where any such charge is levied to ON POINT ELECTRIC AND CONTROLS LTD., the CUSTOMER agrees to pay the charge plus a handling fee as determined by ON POINT ELECTRIC AND CONTROLS LTD.. Any suspension of police or other response due to false alarms will not relieve the CUSTOMER from the obligation to pay the charges set out in this Agreement. CUSTOMER shall indemnify and hold ON POINT ELECTRIC AND CONTROLS LTD. harmless for any costs and expenses incurred, including but not limited to fines, penalties or fees imposed by a governmental agency, directly or indirectly, as a result of a false alarm report.
9. MONITORING SPECIFIC CHARGES: Any new or increased assessments, taxes, fees or other charges imposed in respect of the security system by any municipality, government, police department, government agency, or public or private utility, or transmission system provider incurred by ON POINT ELECTRIC AND CONTROLS LTD. will be billed to CUSTOMER. Additional fees apply for the following services: (a) any changes to the Emergency Notification and/or Protocol form; (b) system code changes; and (c) any special reports requested by CUSTOMER that are not required under this Agreement.
10. VIDEO VERIFICATION OR VIDEO MONITORING: If video verification or video monitoring services are performed, CUSTOMER agrees that CUSTOMER is solely responsible for the location, scene illumination, positioning and direction of all video cameras. CUSTOMER understands and agrees that the video cameras will only depict, produce or capture video images of limited areas of CUSTOMER’s premises based on how the cameras are positioned, located, aimed and focused and the lighting conditions. CUSTOMER further acknowledges that CUSTOMER has approved the location, aim, position and focus of the video cameras including, but not limited to, selecting what rooms, areas, locations, things or persons that the video cameras may depict or capture. CUSTOMER shall be solely responsible for the video camera images produced or captured by the video cameras and CUSTOMER shall defend, indemnify and hold ON POINT ELECTRIC AND CONTROLS LTD. harmless in connection with the use, operation, location, aim and position of the video cameras and the video images resulting therefrom, including, but not limited to, any claims of any person depicted in a video camera image and any claim by such person that his or her privacy has been invaded or intruded upon or his or her likeness has been misappropriated. Any duty to warn, notify or otherwise obtain the consent or permission of any person depicted in a video camera image to have his or her likeness depicted, received, recorded, transmitted or otherwise used, and the duty to determine and comply with any and all applicable laws, regulations, standards and other obligations that govern the legal, proper and ethical use of video capturing devices, including, but not limited to, any and all requirements for signage or other notices which provide notification that the video cameras are in use at the CUSTOMER’s premises, shall be CUSTOMER’s sole responsibility. CUSTOMER always agrees to maintain, and to provide to ON POINT ELECTRIC AND CONTROLS LTD., a network connection to On Point Electric and Controls LTD. specifications and an e-mail address capable of automatically receiving the video camera images that may be transmitted to ON POINT ELECTRIC AND CONTROLS LTD.’s monitoring station. ON POINT ELECTRIC AND CONTROLS LTD. shall have no liability for any lost, discarded or damaged video camera images, or the quality thereof, and ON POINT ELECTRIC AND CONTROLS LTD. makes no promise, agreement, warranty or representation as to the length of time that we may retain video camera images. CUSTOMER understands that during a transmission system outage or loss of video signal, video verification or monitoring service cannot be performed and will remain unserviceable until the transmission system or video signal is restored. There shall be no adjustment in monitoring fees if video verification or monitoring services cannot be performed for any reason.
11. FORCE MAJEURE: ON POINT ELECTRIC AND CONTROLS LTD. shall not be liable for failure to perform its obligations hereunder or for any interruption of service at any time due to strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption or unavailability of phone service or equipment, acts of God or any other cause beyond its reasonable control, including without limitation (i) the monitoring facility, connecting wires, radio repeater/tower, or other equipment having been damaged or destroyed by fire, catastrophe, or by any other means including telecommunication outages or (ii) ON POINT ELECTRIC AND CONTROLS LTD. being unable to either secure or retain the connections, licenses, or privileges necessary for the transmission of signals between the CUSTOMER’S premises and the monitoring facility; ON POINT ELECTRIC AND CONTROLS LTD. will not be required to supply service to CUSTOMER while any interruption of service due to any such cause shall continue.
12. TERMINATION AND SUSPENSION: ON POINT ELECTRIC AND CONTROLS LTD. may, in ON POINT ELECTRIC AND CONTROLS LTD.’s sole discretion, terminate or suspend this Agreement for any of the following reasons: (a) ON POINT ELECTRIC AND CONTROLS LTD. determines that it is impractical to continue monitoring services due to modifications, alteration, damage or destruction of the System or CUSTOMER’S premises; (b) ON POINT ELECTRIC AND CONTROLS LTD. cannot acquire or retain the transmission connection or authorization to transmit signals between CUSTOMER’S premises and ON POINT ELECTRIC AND CONTROLS LTD.’s monitoring station or the applicable Emergency Service provider; (c) ON POINT ELECTRIC AND CONTROLS LTD.’s monitoring station receives an excessive number of false alarms from the System; (d) ON POINT ELECTRIC AND CONTROLS LTD.’s monitoring station is destroyed or damaged so that it is impractical for ON POINT ELECTRIC AND CONTROLS LTD. to continue its monitoring services; and/or (e) doors, windows, locking hardware, third party equipment, fire panels, sprinklers and other equipment that are in disrepair and CUSTOMER has taken no steps to address the issues despite repeated notice by ON POINT ELECTRIC AND CONTROLS LTD. If ON POINT ELECTRIC AND CONTROLS LTD. elects to terminate or suspend this Agreement for monitoring services, ON POINT ELECTRIC AND CONTROLS LTD. will provide ten (10) days prior written notice to the CUSTOMER. In the event of any such termination or suspension, ON POINT ELECTRIC AND CONTROLS LTD.’s sole liability shall be to refund to the CUSTOMER the amount that has been paid in advance for monitoring services to be supplied after the date of such termination or suspension, less any amounts still due for the installation of equipment, for services already rendered, for telephone and/or data lines and for any other charges due (if any). ON POINT ELECTRIC AND CONTROLS LTD. will not be liable for damages or subject to penalty as a result of such termination or suspension. If this Agreement is terminated, any ULC certificates will be cancelled by ON POINT ELECTRIC AND CONTROLS LTD., as such certificates are issued under the name of both the CUSTOMER and ON POINT ELECTRIC AND CONTROLS LTD...
CUSTOMER acknowledges and agrees that the terms and conditions set out herein have been read and understood.