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Warranty / Legal

RAM FIRE AND SECURITY SERVICES WILL PROVIDE SELLER NOT AN INSURER AND LIQUIDATED DAMAGES – IT IS UNDERSTOOD AND AGREED THAT RAM FIRE ANDSECURITY SERVICES IS NOT AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY CLIENT, THAT THEPAYMENTS PROVIDED FOR HEREIN ARE BASED SOLELY ON THE VALUE OF THE SERVICE AS SET FORTH HEREIN ANDARE UNRELATED TO THE VALUE OF THE SUBSCRIBER’S PROPERTY, OR THE PROPERTY OF OTHERS LOCATED ON THECLIENT’S PREMISES; THAT RAM FIRE AND SECURITY MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIEDWARRANTY THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THECONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT.
CLIENT ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES IF ANY,WHICH MAY PROXIMATELY RESULT FROM FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, OR THE FAILUREOF THE SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF, AMONG OTHERTHINGS: A) THE UNCERTAIN AMOUNT OF VALUE OF SUBSCRIBER’S PROPERTY OR THE PROPERTY OF OTHERS KEPT ONTHE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCESWHICH THE SYSTEM OR SERVICES IS DESIGNED TO DETECT OR AVERT; B) THE UNCERTAINTY OF THE RESPONSE TIMEOF ANY POLICE OR FIRE DEPARTMENT, SHOULD THE POLICE OR FIRE DEPARTMENT BE DISPATCHED AS A RESULT OFA SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING; C) THE INABILITY TO ASCERTAIN
WHAT PORTION, IF ANY, OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY RAM FIRE AND SECURITY SERVICESFAILURE TO PERFORM OR BY FAILURE OF ITS EQUIPMENT TO OPERATE; D) THE CASE BY NATURE OF THE SPECIFICSERVICE TO BE PERFORMED BY RAM FIRE AND SECURITY .
CLIENT UNDERSTANDS AND AGREES THAT IF RAM FIRE AND SECURITY SHOULD BE FOUND LIABLE FOR LOSS ORDAMAGE DUE TO A FAILURE OF TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUDING BUT NOT LIMITED TOINSTALLATION, MAINTENANCE, MONITORING OR SERVICE OR THE FAILURE OF THE SYSTEM OR EQUIPMENT IN ANRESPECT WHATSOEVER, RAM FIRE AND SECURITY’S LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLYPAID BY CLIENT TO RAM FIRE AND SECURITY SERVICES FOR EQUIPMENT INSTALLED, IF ANY, AND FOR SERVICESRENDERED BY RAM FIRE AND SECURITY SERVICES, IF ANY, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY ANDTHIS LIABILITY SHALL BE EXCLUSIVE; AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSS ORDAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESURAM FIRE AND SECURITY DIRECTLY OR INDIRECTLY TO PERSONSOR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS CONTRACT, ORFROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF RAM FIRE AND SECURITY SERVICES, ITS AGENTS OR EMPLOYEES. IFCLIENT WISHES RAM FIRE AND SECURITY TO ASSUME A LIMITED LIABILITY IN LIEU OF THE LIQUIDATED DAMAGES ASHERE IN ABOVE SET FORTH, SUBSCRIBER MAY OBTAIN THROUGH RAM FIRE AND SECURITY A LICENSED INSURANCECOMPANY, A LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO RAM FIRE ANDSECURITY. IF CLIENTS ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ATTACHED TO THIS AGREEMENTSETTING FORTH THE TERMS, CONDITIONS AND THE AMOUNT OF THE LIMITED LIABILITY, AND THE ADDITIONALMONTHLY CHARGE. SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD RAM FIREAND SECURITY SERVICES AS AN INSURER.
RAM FIRE AND SECURITY SERVICES WILL PROVIDE WARRANTY ON LABOR FOR ONE YEAR UPON COMPLETION OF SERVICEOR INSTALLATION.
EQUIPMENT PURCHASED THROUGH RAM FIRE AND SECURITY OR ONE OF IT’S EQUIPMENT PROVIDERSWILL BE COVERED UNDER ORIGINAL WARRANTY FROM THE MANUFACTURER.
ANY MALFUNCTION IN EQUIPMENT DUE
TOMANUFACTURER DEFECT OR INSTALLATION ERROR WILL BE HONORED FROM THE START DATE OF AGREEMENT.
RAMFIRE AND SECURITY SERVICES WILL ATTEMPT TO REPAIR OR RESOLVE ANY PRODUCT MALFUNCTION AND IF REQUIREDWILL PROVIDE A NEW REPLACEMENT.
PRODUCTS OR EQUIPMENT PURCHASED BY THE CLIENT THROUGH A THIRD-PARTYWILL NOT BE COVERED FOR MALFUNCTION OR DEFECT AND CLIENT WILL BE RESPONSIBLE FOR RESOLVING ANYWARRANTY ISSUES WITH THE MANUFACTURER OR PROVIDER OF THIRD-PARTY EQUIPMENT.
DO-IT-YOURSELF:
CLIENT WHO CHOOSES TO INSTALL EQUIPMENT ON THEIR OWN (DIY) WILL BE COVERED FORMANUFACTURER DEFECTS UNDER ORIGINAL WARRANTY FROM THE START OF THIS AGREEMENT.
NO WARRANTY WILL BEPROVIDED FOR DAMAGES TO EQUIPMENT DUE TO INSTALLATION ERRORS OR IMPROPER USE.
RAM FIRE AND SECURITYSERVICES, AT IT’S DISCRETION MAY CHOOSE TO INSPECT THE PRODUCT FOR FAILURE CAUSED BY IMPROPERINSTALLATION ON ANY DIY ACCOUNT BEFORE PROVIDING A REPLACEMENT.
RAM FIRE AND SECURITY SERVICES AGREES TO PERFORM THE SERVICES DESCRIBED HEREIN, WITHOUT LIABILITY ANDNOT AS AN INSURER. RAM FIRE AND SECURITY SERVICES ENCOURAGES CLIENT TO CARRY ADEQUATE INSURANCE TOSAFEGUARD THEIR VALUABLES. ADEQUATE INSURANCE WOULD COMPENSATE CLIENT’S LOSSES INCLUDING BUT NOTLIMITED TO LOSSES DUE TO BURGLARY, HOLD UP AND FIRE IN CASE OF TRANSMISSION PROBLEMS DUE TO SEVERANCEOF COMMUNICATION PATH, WHICH MAY AFFECT THE SYSTEM AND THE TRANSMISSION OF SIGNALS TO THE CENTRALMONITORING STATION. ALARM SYSTEMS ARE NOT FOOLPROOF AND THEY DO NOT REPLACE INSURANCE.
1. SELLER NOT AN INSURER AND LIQUIDATED DAMAGES – IT IS UNDERSTOOD AND AGREED THAT RAM FIRE ANDSECURITY SERVICES IS NOT AN INSURER, THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY CLIENT, THAT THEPAYMENTS PROVIDED FOR HEREIN ARE BASED SOLELY ON THE VALUE OF THE SERVICE AS SET FORTH HEREIN ANDARE UNRELATED TO THE VALUE OF THE SUBSCRIBER’S PROPERTY, OR THE PROPERTY OF OTHERS LOCATED ON THECLIENT’S PREMISES; THAT RAM FIRE AND SECURITY MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIEDWARRANTY THAT THE EQUIPMENT OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THECONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT.
2. CLIENT ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES IF ANY,WHICH MAY PROXIMATELY RESULT FROM FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, OR THE FAILUREOF THE SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF, AMONG OTHERTHINGS: A) THE UNCERTAIN AMOUNT OF VALUE OF SUBSCRIBER’S PROPERTY OR THE PROPERTY OF OTHERS KEPT ONTHE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCESWHICH THE SYSTEM OR SERVICES IS DESIGNED TO DETECT OR AVERT; B) THE UNCERTAINTY OF THE RESPONSE TIMEOF ANY POLICE OR FIRE DEPARTMENT, SHOULD THE POLICE OR FIRE DEPARTMENT BE DISPATCHED AS A RESULT OFA SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE SOUNDING; C) THE INABILITY TO ASCERTAIN.
3. WHAT PORTION, IF ANY, OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY RAM FIRE AND SECURITY SERVICESFAILURE TO PERFORM OR BY FAILURE OF ITS EQUIPMENT TO OPERATE; D) THE CASE BY NATURE OF THE SPECIFICSERVICE TO BE PERFORMED BY RAM FIRE AND SECURITY .
4. CLIENT UNDERSTANDS AND AGREES THAT IF RAM FIRE AND SECURITY SHOULD BE FOUND LIABLE FOR LOSS ORDAMAGE DUE TO A FAILURE OF TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUDING BUT NOT LIMITED TOINSTALLATION, MAINTENANCE, MONITORING OR SERVICE OR THE FAILURE OF THE SYSTEM OR EQUIPMENT IN ANRESPECT WHATSOEVER, RAM FIRE AND SECURITY’S LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLYPAID BY CLIENT TO RAM FIRE AND SECURITY SERVICES FOR EQUIPMENT INSTALLED, IF ANY, AND FOR SERVICESRENDERED BY RAM FIRE AND SECURITY SERVICES, IF ANY, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY ANDTHIS LIABILITY SHALL BE EXCLUSIVE; AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSS ORDAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESURAM FIRE AND SECURITY DIRECTLY OR INDIRECTLY TO PERSONSOR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS CONTRACT, ORFROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF RAM FIRE AND SECURITY SERVICES, ITS AGENTS OR EMPLOYEES. IF CLIENT WISHES RAM FIRE AND SECURITY TO ASSUME A LIMITED LIABILITY IN LIEU OF THE LIQUIDATED DAMAGES ASHERE IN ABOVE SET FORTH, SUBSCRIBER MAY OBTAIN THROUGH RAM FIRE AND SECURITY A LICENSED INSURANCECOMPANY, A LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO RAM FIRE ANDSECURITY. IF CLIENTS ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ATTACHED TO THIS AGREEMENTSETTING FORTH THE TERMS, CONDITIONS AND THE AMOUNT OF THE LIMITED LIABILITY, AND THE ADDITIONALMONTHLY CHARGE. SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD RAM FIREAND SECURITY SERVICES AS AN INSURER.
Direct Complaints to: Texas Department of Public Safety Regulatory Services Division P.O. Box 4087, Austin, TX 78773
Telephone 512-424-7710 –
http://www.dps.texas.gov/rsd/psb/