Terms and Conditions
CONTROL: Health Monitoring does not constitute control of your system. No monitoring system is infallible and we recommend you check your system’s performance regularly.
SHIPPING AND HANDLING: Normal S&H costs will be covered under this agreement. Expedited shipping may be requested and will result in additional charges to the end user.
RISK OF LOSS: The customer assumes all risk of loss to material once delivered to the job site. Digital Provisions shall not be liable for any damage or loss sustained by the customer as a result of delays in delivery, acts of God, war, strikes, or any other causes beyond its control, including Digital Provisions’ negligence or failure to perform any obligation.
EXCLUSIONS: Lightning Damage, Vandalism, Misuse of Equipment, Tampering, Negligence, Fire, Spills, Exposure to weather (if not designed for), Acts of God, Acts of War, Riots, embargoes or terrorism. Customer requested changes, moves, or additions to the system are not covered, nor is credential management.
ALTERATIONS TO PREMISES: Digital Provisions is authorized to make any preparations necessary for the installation and service of the security system, such as drilling holes or attaching fixtures. Digital Provisions shall not be responsible for any condition created by such installations or alterations, and the customer represents that the owner of the premises, if other than the customer, authorizes such alterations under this agreement.
TESTING AND MAINTENANCE OF SYSTEMS: Repairs due to causes outside normal wear and tear, such as electrical surges or tampering, are the customer’s responsibility. Service, if provided, is governed by other sections of this agreement.
INDEMNITY / WAIVER OF SUBROGATION: Buyer agrees to and shall indemnify and hold harmless Digital Provisions, its employees, agents, and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Buyer, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by Digital Provisions’ performance, negligent performance, or failure to perform its obligations under this agreement. Parties agree that there are no third-party beneficiaries of this contract, and the Buyer’s insurance carrier waives any right of subrogation against Digital Provisions.
NO WARRANTIES OR REPRESENTATIONS: BUYER’S EXCLUSIVE REMEDY: Digital Provisions does not represent nor warrant that the system will prevent any loss, damage, or injury to persons or property, by reason of burglary, theft, hold-up, fire, or other cause, or that the system will in all cases provide the protection or service for which it is installed or intended. Buyer acknowledges that Digital Provisions is not an insurer, and that Buyer assumes all risk for loss or damage to Buyer’s premises or its contents. Digital Provisions has made no representations or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Buyer’s exclusive remedy for Digital Provisions’ default hereunder is to require Digital Provisions to repair or replace, at Digital Provisions’ option, any equipment or part of the system which is non-operational.
EXCULPATORY CLAUSE: Buyer agrees that Digital Provisions is not an insurer, and no insurance coverage is offered herein. The equipment is designed to reduce certain risks of loss, though Digital Provisions does not guarantee that no loss will occur. Digital Provisions is not assuming liability, and, therefore, shall not be liable to Buyer for any loss, personal injury, or property damage sustained by Buyer as a result of burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by Digital Provisions’ negligent performance, failure to perform any obligation, or strict products liability. Buyer releases Digital Provisions from any claims for contribution, indemnity, or subrogation.
LIMITATION OF LIABILITY: Buyer agrees that should there arise any liability on the part of Digital Provisions as a result of its negligent performance to any degree, failure to perform any of its obligations, equipment failure, or strict products liability, Digital Provisions’ liability shall be limited to the sum of three times the monthly payment at the time liability is fixed or the sum of $250.00, whichever is greater. If Buyer wishes to increase Digital Provisions’ maximum amount of liability, Buyer may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual payment consonant with the increased liability. This shall not be construed as insurance coverage.
FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS. This agreement constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties, except for Digital Provisions’ requirements regarding protection items provided in this agreement imposed by Authority Having Jurisdiction. Should any conflict arise between this agreement and the Buyer’s purchase order or other document, this agreement will govern, regardless of whether such purchase order or document is prior to or subsequent to this agreement. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
