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Warranty:
Any part of the system, including the wiring, installed under this
Agreement which proves to be defective in material or workmanship
within ninety (90) days of the date of completion of installation
will be repaired or replaced at IBT's option with a new or
functionally operative part. Material required to repair or replace
such defective components will be free of charge for a period of one
year following the completion of the original installation. Labor
shall be covered for ninety (90) days following the initial
installation. If the extended warranty or optional maintenance has
been purchased, the warranty/maintenance period will remain in
effect in accordance with the extended warranty agreement. This
Warranty does not apply to the conditions listed below, and in the
event Customer calls IBT for service under the Warranty and upon
inspection by IBT's representative it is found that one of these
conditions has led to the inoperability or apparent inoperability of
the system, a charge will be made for the service call of IBT's
representative whether or not he actually works on the system.
Should it actually be necessary to make repairs to the system due to
one of the "Conditions" not covered by Warranty, a charge
will be made for such work at IBT's then applicable rates for labor
and material. Service will be furnished by IBT during IBT's normal
working hours of 8:00 a.m. to 4:30 p.m., Monday through Friday,
except holidays. Conditions
not covered by Warranty: A) Damage resulting from accidents, acts of
God, alteration, misuse, tampering or abuse. B) Failure of the
Customer to properly follow operating instructions provided by IBT
at time of installation or at a later date. C) Adjustments
necessitated by misalignment of CCTV cameras, improper adjustment of
monitor brightness and contrast tuning dials or insufficient light
on the area viewed by the camera(s). D) Trouble due to interruption
of commercial power or to the phone service. THE
FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER'S
EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING IBT'S NEGLIGENCE,
SHALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. IBT SHALL IN NO
EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY
NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR
DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER ALLEGED AS
RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY IBT OR NEGLIGENCE
OF IBT OR OTHERWISE. Customer
will provide adequate illumination under all operational conditions
for the proper operation of the closed circuit television camera and
will provide the 110 AC power supply where required as well as shelf
or desk space for monitors and other CCTV equipment. IBT
ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE EQUIPMENT OR
FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR FOR INTERRUPTIONS
OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS,
FLOODS, ACTS OF GOD OR ANY CAUSES BEYOND THE CONTROL OF IBT, AND
WILL NOT BE REQUIRED TO SUPPLY SERVICE TO THE CUSTOMER WHILE
INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE SHALL CONTINUE. If
any of the provisions of this agreement shall be determined to be
invalid or unenforceable, the remaining provisions shall remain in
full force and effect. THIS
AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND
IBT. IN EXECUTING THIS AGREEMNT, CUSTOMER IS NOT RELYING ON ANY
ADVICE OR ADVERTISEMENT OF IBT. CUSTOMER AGREES THAT ANY
REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS
OR IMPLIED, NOT INCLUDED IN WRITING IN THIS AGREEMENT SHALL NOT BE
BINDING UPON ANY PARTY, AND THAT THE TERMS AND CONDITIONS HEREOF
APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, EXCEPT AS
SPECIFICALLY MODIFIED IN WRITING. THE TERMS AND CONDITIONS OF THIS
AGREEMENT SHALL GOVERN NOTWITHSTANDING ANY INCONSISTENT OR
ADDITIONAL TERMS AND CONDITIONS OR ANY PURCHASE ORDER OR OTHER
DOCUMENT SUBMITTED BY THE CUSTOMER. IT IS UNDERSTOOD THAT IBT IS NOT AN INSURER, THAT INSURANCE, IF ANY SHALL BE OBTAINED BY THE CUSTOMER AND THAT THE AMOUNTS PAYABLE TO IBT HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE CUSTOMER'S PROPERTY OR PROPERTY OF OTHERS LOCATED IN CUSTOMER'S PREMISES. CUSTOMER AGREES TO LOOK EXCLUSIVELY TO CUSTOMER'S INSURER TO RECOVER FOR INJURIES OR DAMAGE IN THE EVENT OF ANY LOSS OR INJURY AND RELEASES AND WAIVES ALL RIGHT OF RECOVERY AGAINST IBT ARISING BY WAY OF SUBROGATION. IBT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES SUPPLIED, WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM FAILURE ON THE PART OF IBT TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER. THE CUSTOMER DOES NOT DESIRE THIS CONTRACT TO PROVIDE FOR FULL LIABILITY OF IBT AND AGREES THAT IBT SHALL BE EXEMPT FROM LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE OR SYSTEM IS DESIGNED TO DETECT OR AVERT; THAT IF IBT SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $200, WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY; AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF IBT, ITS AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST IBT MORE THAN (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFOR, IT IS FURTHER AGREED THAT THE LIMITATIONS ON LIABILITY, EXPRESSED HEREIN, SHALL INURE TO THE BENEFIT OF AND APPLY TO ALL PARENTS (BOTH DIRECT AND INDIRECT), SUBSIDIARIES AND AFFILIATES OF IBT. IF THE CUSTOMER DESIRES IBT TO ASSUME A GREATER LIABILITY, IBT SHALL AMEND THIS AGREEMENT BY ATTACHING A RIDER SETTING FORTH THE AMOUNT OF ADDITIONAL LIABILITY AND THE ADDITIONAL AMOUNT PAYABLE BY THE CUSTOMER FOR THE ASSUMPTION BY INSURER. IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST IBT IN ANY WAY RELATING TO THE EQUIPMENT OR SERVICES THAT ARE THE SUBJECTS OF THIS AGREEMENT, INCLUDING FOR FAILURE OF ITS EQUIPMENT OR SERVICE IN ANY RESPECT, CUSTOMER AGREES TO INDEMNIFY AND HOLD IBT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. IF THIS AGREEMENT PROVIDES FOR A DIRECT CONNECTION TO A MUNICIPAL POLICE OR FIRE DEPARTMENT OR OTHER ORGANIZATION, THAT DEPARTMENT OR OTHER ORGANIZATION MAY INVOKE THE PROVISIONS HEREOF AGAINST ANY CLAIMS BY THE CUSTOMER DUE TO ANY FAILURE OF SUCH DEPARTMENT OR ORGANIZATION.
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