amcest corporation Print Agreement
the super central station Monitoring Service Agreement
1017 Walnut Street, Roselle NJ, 07203 1.11.13.7
Phone: (800) 631-7370 | Fax: (877) 895-9304 | www.amcest.com
ID / ACCT NUMBER PASSWORD COMMUNICATOR MAKE & MODEL DATE ONLINE INSTALLER CODE
SUBSCRIBER (SUB) INSTALLER
FIRST & LAST NAME SPOUSE COMPANY NAME
STREET SUITE / APT STREET SUITE / APT
CITY COUNTY STATE ZIP CITY COUNTY STATE ZIP
PREMISES TELEPHONE VERIFY TELEPHONE BUSINESS TELEPHONE SECONDARY TELEPHONE
TYPE OF PREMISES SIGNATURE OF INSTALLER
AUTHORITY (AUTH)
PRIMARY TELEPHONE ALTERNATE TELEPHONE PERMIT NUMBER
RESPONSIBLE PARTY (RP)
NAME PRIMARY TELEPHONE ALTERNATE TELEPHONE EXTENSION, HOURS, EMAIL
ADDITIONAL INFORMATION
ALARM INSTRUCTIONS (CONTINUED ON NEXT PAGE)
ZONE TYPE DESCRIPTION / AREA SUB AUTH RP ADDITIONAL INSTRUCTIONS
Page 1 of 3
ALARM INSTRUCTIONS (CONTINUED FROM PREVIOUS PAGE)
ZONE TYPE DESCRIPTION / AREA SUB AUTH RP ADDITIONAL INSTRUCTIONS
Subscriber and installer have entered into a written agreement for the installation and maintenance of a Security System, hereinafter referred to as "System";
Subscriber acknowledges that Installer is an independent contractor with whom AMCEST CORPORATION ("AMCEST") has no relationship except as in the Installer Agreement set forth. None of the
equipment installed at Subscriber's premises is the property of AMCEST, except for such equipment as may have been leased by AMCEST to Installer nor has AMCEST approved or disapproved
thereof, and AMCEST has made no representations, warranties or agreements regarding the equipment, nor has AMCEST participated in the design or installation of the alarm system or the alarm
equipment. AMCEST has no responsibility for the condition or operation of the alarm system or the alarm equipment and AMCEST is not responsible for the maintenance, service or repair of said
alarm system or equipment. AMCEST shall not be liable or responsible for equipment failure which prevents signals from reaching AMCEST.
Whereas, AMCEST and Subscriber have agreed to enter into this Alarm Monitoring Service Agreement, hereinafter referred to as "AMSA" and AMCEST will provide monitoring services for the
System.
Now, therefore, in consideration of the mutual covenants and promises set forth herein, it is mutually agreed as follows:
I. Monitoring Services:
A. Subscriber has furnished AMCEST, on the face of this Agreement, with a written list of names and telephone numbers of those response agencies Subscriber wishes AMCEST to
monitor signals received from Subscriber's System. All changes and revisions shall be effective only when supplied to AMCEST in writing and signed by Subscriber and shall become effective within
a reasonable time after same have been received by AMCEST.
B. AMCEST shall make reasonable efforts to respond to signals received by AMCEST from the System installed at the Subscriber's premises. Upon receipt of a signal indicating that an
alarm condition exists, AMCEST shall make reasonable efforts to notify the response agency designated by Subscriber on the AMSA at the telephone number(s) so designated, it being in AMCEST's
absolute discretion to determine which response agency is appropriate depending on the alarm condition reported as well as to notify such other designee(s) as the Subscriber has specifically
requested to receive notification of such an alarm condition. All notification by AMCEST shall be by telephonic communication. AMCEST shall have no responsibility for the failure, neglect, or
refusal of any response agency so notified to respond to the alarm condition nor any mistakes or errors made by the Subscriber in the names or telephone numbers designated as response
agencies or others to be notified by AMCEST. AMCEST shall not be required to give notification of a Subscriber's signal if it has reasonable grounds to believe that an alarm condition does not exist.
AMCEST shall also have the authority to give notification of an alarm condition to response agencies and authorities not designated by Subscriber if AMCEST, in its reasonable judgement, believes it
prudent to do so.
C. AMCEST Central Station monitoring service consists solely of the calling by telephone of third party professional agencies as the telephone number(s) supplied by Subscriber in
writing upon receipt of signals transmitted from the System at the Subscriber's Premises. Subscriber agrees that AMCEST shall have no liability for any loss, damage or expense to Subscriber
including, without limitation, any general, specific, incidental or consequential damages arising out of remote programming of the System (See Section IV - Limitations on Liability).
II. Delivery and Installation:
A. Installer shall be responsible for delivery and installation of the System.
B. The monitoring services shall commence upon the completion of System installation and the testing of all conditions listed on the face of this agreement.
III. Monitoring Service Payment and Termination:
A. Basic monitoring service consists of twenty-four (24) inbound telephonic or radio signals received annually from Subscriber's System by AMCEST. AMCEST shall bill Installer for each
signal it receives, from Subscriber's System, in excess of the aforesaid annual allotment at the rate of $1.00 per signal. Subscriber agrees to pay to Installer such applicable over-call charges.
B. Subscriber acknowledges that AMCEST is being paid for its monitoring service by the Installer and not by the Subscriber. In the event AMCEST does not receive payment for its
services from Installer under the Installer Agreement or in the event of any other action on the part of the Installer entitling AMCEST to terminate the Installer Agreement, AMCEST shall have the
right to terminate this Agreement and to discontinue monitoring Subscriber's system on a date fixed in a written termination notice, not less than fifteen (15) days from the date notice is so sent.
Upon the date so fixed, service shall terminate and AMCEST shall have no further responsibility thereafter to perform monitoring services under this Agreement. Notwithstanding the foregoing,
Subscriber may, prior to the expiration date, request AMCEST to suggest or propose an alternate Installer which AMCEST shall use its best efforts to do, and AMCEST agrees that if Subscriber and the
proposed or suggested Installer enter into a Subscriber Agreement, AMCEST will enter into a new monitoring agreement and commence performing services thereunder. AMCEST's notification to
Subscriber of termination shall be prima facie proof of its right to do so under the Installer Agreement.
C. AMCEST shall also have the right to terminate this Agreement at any time and for any reason by giving Subscriber and Installer at least fifteen (15) days written notice of its intention
to do so, such time to be calculated from the date notice is sent. In the event AMCEST terminates this Agreement for any reason other than non-payment by the Installer, AMCEST agrees to set off
against payments owed by Installer to AMCEST, or to refund to the Installer, monitoring fees received by AMCEST, if any, for any period subsequent to the termination of AMCEST's monitoring
services.
D. Upon the termination of this Agreement by AMCEST's notification, all parties to this Agreement agree to and hereby do release each other from an and all liability whatsoever under
this Agreement including negligence of the parties, arising out of this Agreement, the relation of the parties or AMCEST's monitoring services, but such termination shall not affect the obligation of
Installer for any monies unpaid to AMCEST.
E. AMCEST's notice of termination shall be given in writing and sent by regular first class mail to Subscriber and Installer.
F. In the event the obligation of AMCEST to provide monitoring services shall terminate for any reason, AMCEST or its designated agent shall have the right to enter the premises of the
Subscriber for the purposes of (i) retrieving any equipment on the premises of the Subscriber which AMCEST may have leased to the Installer and (ii) retrieving or disabling the component or the
transmitting device on the Subscriber's premises which transmits alarm signals to AMCEST. Subscriber's failure or refusal to permit AMCEST to do the foregoing shall make Subscriber liable for all
loss or damage AMCEST may sustain including, but not limited to, AMCEST's inability to assign to another user of AMCEST's alarm monitoring services the number of designation theretofore
assigned to the Subscriber.
IV. Limitations on Liability
A. Subscriber hereby irrevocably waives and releases AMCEST without notice and without liability for any general, special, incidental or consequential expense, loss or damage to
Subscriber, in case the Central Station, connecting wires, equipment or facilities necessary to operate the System or Central Station are destroyed, damaged, or inoperable for any reason
whatsoever, for the duration of such interruption of service.
B. Subscriber agrees that AMCEST has no responsibility for the condition or operation of any equipment, device, or property of any sort of Subscriber, the telephone company or others
to which the System is attached. If the System transmits signals by wire (telephone circuit), Subscriber acknowledges that a) the communication between the System at the Premises and AMCEST's
central station is via the telephone lines, b) the telephone lines may not transmit the communication from the System, and c) it is the subscriber's obligation under such circumstances to notify the
telephone company that the telephone line is not operating. If the System or its devices transmits signals by radio telemetry, Subscriber understands that a radio telemetry signal is a non-
supervised reporting device which requires operable antennae and non interference with radio wave transmissions for a signal to be transmitted by devices and/or received by the receiver/
transmitter and/or central station; if there is interference with the transmissions or if the antennae are inoperative, there is no indication of this fact at the Central Station and no signal can be
transmitted by the devices or System and/or received by the Central Station while the interference and/or inoperative condition continues. It is the Subscriber's obligation under such
circumstances to notify AMCEST of such a condition.
Page 2 of 3
C. All claims, actions or proceedings, legal or equitable, against AMCEST must be commenced in court within one (1) year after the act, omission or event occurred from which the claim,
action or proceeding arises without judicial extension of time, or said claim, action or proceeding is barred, time being of the essence of this paragraph.
D. Subscriber does hereby for Subscriber and all parties claiming under Subscriber release and discharge AMCEST from and against all hazards covered by Subscriber's insurance or
bond, including all deductibles and retained limits as well as loss or damage in excess of policy limits. It is expressly understood and agreed that no insurance Company, insurer, or bonding
company or their successors or assigns shall have any right created by a Loan Agreement, Loan Receipt, or other like document or procedure, or any right or subrogation against AMCEST.
E. Subscriber agrees to indemnify, defend and hold harmless AMCEST from and against all claims, demands, liabilities, losses, expenses, including attorneys fees and lawsuits which may
be asserted against or incurred by AMCEST by o due to any person not a party to this Agreement, including Subscriber's Insurance or bonding company, for any expense, loss or damage including,
but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance,
monitoring, recording of communications, operation or non operation of the equipment, whether due to the sole, joint or several negligence of AMCEST or its agents, servants, employees,
suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or claim for contribution or indemnification, whether in
contract, tort or equity.
F. SUBSCRIBER AGREES AND UNDERSTANDS: (1) THAT AMCEST IS NOT AN INSURER AND THAT INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL
PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES SHALL BE OBTAINED AND MAINTAINED BY THE SUSBCRIBER; (2) THAT AMCEST MAKES NO GUARANTEE, REPRESENTATION OR
WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE; (3) THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE,
BUT NOT ELIMINATE, RISKS OF LOSS AND THE AMOUNTS BEING CHARGED BY AMCEST ARE NOT SUFFICIENT TO WARRANT OR AGREE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR THAT
INCREASED LOSS OR DAMAGE WILL NOT OCCUR; (4) THAT AMCEST IS NOT LIABLE FOR ANY LOSS OR DAMAAGE WHICH MAY OCCUR PRIOR TO, CONTEMPORANIOUS WITH, OR SUBSEQUENT TO THE
EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE ROLE, JOINT OR SEVERAL NEGLIGENCE OF AMCEST OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR
SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE EQUIPMENT, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY,
EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THIS SYSTEM OR ANY CENTRAL STATION; (5) THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF
AMCEST FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS CONNECTION WITH, ARISES OUT OF OR FROM, OR RESULTS FROM THE REMOTE PROGRAMMING OR
MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF RESPONSE AGENCIES TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF THE SYSTEM OR EQUIPMENT,
AND/OR THE ACTIVE OR PASSIVE ROLE, JOINT OR SEVERAL NEGLIGENCE OF AMCEST AND/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT
LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCURED PRIOR TO, CONTEMPORANIOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLIAM(S) BROUGHT
IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR CONTRIBUTION OR
INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL
DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF OF $500.00, AND THIS LIABILITY SHALL BE EXLUSIVE. SUBSCRIBER MAY BE ELIGABLE TO OBTAIN
A HIGHER LIMITATION OF COVERAGE ON WRITTEN REQUEST TO AMCEST AND THE PAYMENT OF A HIGHER MONTHLY MAINTENACE CHARGE.
G. As stated herein, AMCEST shall not be liable for telephone or radio failure which prevents or interferes with signals from reaching AMCEST, or failure of anyone whom AMCEST
notifies or attempts to notify of an alarm condition to answer AMCEST's notification or attempted telephonic communications or to respond thereto after receiving AMCEST's notification.
V. Assignment, Transfer or Subcontracting
A. AMCEST may assign its rights, obligations, transfer, or subcontract its obligations an rights hereunder, in whole or in part, without the consent of the Subscriber. Subscriber hereby
consents to and acknowledges every such assignment, transfer or subcontract as shall be designated by written notice given by AMCEST to Subscriber and further covenants and agrees that: (i) any
such Assignee or subcontractor shall have and be entitled to exercise any and all discretion, rights and powers of AMCEST, under this Agreement, but subcontractors or assignees liability shall be
limited as set forth in this Agreement with respect to AMCEST and to the gross negligence or willful misconduct of the subcontractor or assignee, its agents, representatives and employees (ii) after
notice from AMCEST to do so, Subscriber will perform all of Subscriber's obligations under this agreement for the benefit of the subcontractor or assignee, and will pay all Monitoring Fees and any
and all other amounts payable by Subscriber under this Agreement to such subcontractor or assignee or to any other party designated by such subcontractor or assignee, notwithstanding any
defense or claim of whatever nature, either by reason or breach of this Agreement or otherwise which it may now or hereafter have as against AMCEST (Subscriber waiving Subscriber's right to have
recourse directly against AMCEST on account of any such defense or claim); and (iii) Subscriber shall execute and deliver to AMCEST and/or assignee or subcontractor such documentation or
instruments as any such Assigner may reasonably require.
B. This Agreement is not assignable by Subscriber or Installer except upon the written consent of AMCEST, which shall be AMCEST's sole discretion.
C. If AMCEST shall waive any breach by Subscriber, it shall not be construed as a waiver of any subsequent breach, and AMCEST's failure to exercise any rights hereunder shall be
construed as a waiver of any breach unless specifically waived by AMCEST in writing. AMCEST's rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or
consecutively and shall include all remedies available under law and equity even though not expressly referred to herein.
D. No omission or delay by AMCEST or its Assigns at any time to enforce any right or remedy reserved to it, or to require performance of any of the terms, covenants or provisions hereof
by Subscriber at any time designated, shall be a waiver of any such right or remedy to which AMCEST is entitled, nor shall it in any way affect the right of AMCEST to enforce such provisions
thereafter
VI. Miscellaneous
A. Subscriber acknowledges that AMCEST may wire record any oral communications and hereby consents and authorizes AMCEST to so record all such communications between
AMCEST, Subscriber and/or Subscriber's agents, servants, employees and/or representatives.
B. It is the Subscriber's obligation and responsibility to obtain and satisfy any charges, fees, licenses or permits required by any utility or local, state or federal government or agency,
relating to the services provided under this Agreement.
C. Subscriber agrees that System monitoring notification information used by AMCEST to perform services under this Agreement shall be in writing only. All changes or modifications of
information shall be in writing only. No oral communication shall be binding on AMCEST.
VII. Applicable Law
A. This Agreement has been made, executed and delivered in the State of New Jersey and shall be governed and construed for all purposes under and in accordance with the laws of
the State of New Jersey, without giving effect to the conflicts of law principles thereof. Subscriber consents to the jurisdiction of any state or federal court located within the State of New Jersey and
agrees that all actions or proceedings arising, directly or indirectly, from this Agreement shall be litigated only in courts having such status. Subscriber waives personal service of any legal process
upon Subscriber arising, directly or indirectly, from this Agreement and consents that service of process may be certified or registered mail, return receipt requested directed to Subscriber at
Subscriber's address set forth herein whereas may otherwise be designated by Subscriber in writing, and service so made shall be complete two (2) days after posting, as aforesaid, in any action or
legal proceeding arising, directly or indirectly, from this Agreement. Subscriber waives trial by jury if AMCEST shall be successful in any such action or legal proceeding, it shall be entitled to recover
its reasonable council fees and the expenses of such litigation.
VIII. Severability
In the event that any one or more of the provisions of this agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be
unimpaired and shall remain in full force and effect
IX. Entire Agreement
Subscriber and AMCEST acknowledge that this agreement contains the entire understanding of the parties with respect tot he subject matter thereof and that this agreement may not be varied,
altered or modified, except in writing. RESIDENTIAL SUBSCRIBER ACKNOWLEDGGES HAVING RECEIVED TWO (2) COPIES OF A NOTICE WHICH GIVES THE SUBSCRIBER THE RIGHT TO CANCEL THIS
TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN
EXPLANATION OF THIS RIGHT.
SUBJECT TO TERMS AND CONDITIONS OF THIS AGREEMENT SUBSCRIBER ACKNOWLEDGES HAVING ACCEPTED: AMCEST CORPORATION
READ THIS AGREEMENT AND HAS NO QUESTIONS REGARDING THE TERMS AND CONDITIONS
THEREOF AND AGREES THERETO.
BY:
DATE:
Page 3 of 3
