Alarm and Electronics Systems, LLC(hereinafter referred to as “AES” or “Alarm Company”) agrees to provide maintenance services under the terms and conditions set forth below. By signing a service ticket, the Customer acknowledges that they have read, understood, and agree to be legally bound by these Terms and Conditions. These Terms and Conditions are separate from and in addition to any previously executed agreements including the “Standard Fire Alarm Agreement” or “Standard Security Agreement.”

GENERAL TERMS AND CONDITIONS FOR ALL SERVICE CALLS

• Service will be provided during normal business hours (Monday–Friday, excluding holidays).
• After-hours service will be billed at overtime rates.
• AES is not responsible for delays or failures in rendering service.
• AES must be provided with free and clear access to all equipment for service work.

1. False Alarm Fines

• All false alarm fines are the sole responsibility of the Customer.

2. Signal Receiving and Notification Service (Monitoring)

• Monitoring service will be provided by AES or an authorized subcontractor if a      separate monitoring contract has been executed and is valid. 
• Emergency Signals: If a valid monitoring contract is in place and any holdup, fire, security, or medical signal received at the Monitoring Facility, AES will endeavor to promptly notify the appropriate police, fire department, or customer representative.

3. Limitation of Liability

• AES is not an insurer; insurance, if any, must be obtained by the Customer.
• The system or services AES provides will not prevent all losses.
• AES’s liability for any loss or damage, whether due to equipment failure,      service failure, or negligence, is limited to $250.00 maximum.
• The Customer, for itself and all others, releases and discharges AES from any      loss or hazard.

4. Indemnification

• The Customer shall defend, indemnify, and hold harmless AES from any      liability, loss, claim, or damage (including personal injuries) made by any person arising from the system or services, regardless of whether AES was at fault.
• The Customer and its insurers waive any rights of subrogation against AES, its      agents, employees, and subcontractors.

5. Taxes and Fees

• The Customer agrees to pay any applicable taxes, fees, or charges relating to      installation or service as imposed by any governmental authority.

6. Miscellaneous

• No verbal agreements modify this Agreement.
• The Customer waives the right to trial by jury.
• The Customer agrees to pay all collection costs, attorney’s fees, and interest      allowed by law on overdue balances. Venue for all litigation shall be Miami-Dade County, Florida.
• If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. Notwithstanding anything to the contrary herein, if you are already bound by a separate AES agreement covering the same services or subject matter, the terms of that AES agreement shall take precedence over this Agreement to the extent of any inconsistency.

7. Equipment Limited Warranty

• AES provides a one (1) year limited warranty on equipment from the date of      installation. Under this warranty, AES agrees to repair or replace      defective parts at no cost.
• AES reserves the right to use reconditioned parts or substitute materials of      equal quality.
• This warranty does not cover:
  • Damage caused by electrical, plumbing, or construction work
  • Damage resulting from force majeure events, lightning, power surges, misuse, or unauthorized modifications/repairs.
  • Work performed by any party other than AES
• AES makes no guarantees that the equipment may not be compromised,      circumvented, or that it will prevent loss by fire, smoke, water, or burglary.
• AES expressly disclaims all implied warranties, including merchantability and      fitness for a particular purpose.
• Subscriber’s exclusive remedy is limited to AES repairing or replacing non-operational equipment.

8. Maintenance Service Agreement

• Maintenance Service will be provided by AES if a Maintenance Service agreement is in place prior to the service date.

• Maintenance Service includes labor required to repair equipment that becomes defective through normal wear only.

• AES’s obligation relates solely to maintenance of the specific protection system referenced in the maintenance service agreement. AES is not obligated to maintain, repair, service, replace, operate, or ensure operation of any device or equipment not installed by AES.

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9. Repairs and Parts Replacement Without Maintenance Service Agreement 

• After the warranty period, and if no Maintenance Service agreement has been signed, AES may, if requested, provide repairs and parts replacement for the equipment at AES’s prevailing prices and terms.

This constitutes the entire understanding between the Customer and AES.