General Terms & Conditions
This contract, on the date accepted by all parties, is by and between Castle Ventures, Inc. d/b/a HPI, d/b/a HPI Security, d/b/a Home Protection, Inc. (hereinafter referred to as HPI) and Customer. Customer represents that he/she has not been induced by HPI to violate the terms of any existing contract to purchase or subscribe to any of the following products or services.
1. Insurance. Customer understands that HPI IS NOT AN INSURER. Customer is responsible for obtaining all insurance Customer thinks is necessary, including coverage for personal injury and property damage. The payments Customer makes under this Agreement are not related to the value of the Premises or Customer’s possessions, but rather are based on the cost of the System and HPI’s services.
Customer releases HPI from any liability for any event or condition covered by Customer’s insurance.
Customer understands that the System is designed to reduce, but not eliminate, certain risks. HPI does not guaranty that the System will prevent personal injury, unauthorized entrances or fire and smoke damage to the Premises. HPI assumes no liability for those risks.
Customer agrees that HPI is authorized and permitted to subcontract any services to be provided by HPI to third parties who may be independent of HPI. Customer acknowledges that this agreement, and particularly those paragraphs relating to HPI’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of HPI.
2. LIMITATION OF HPI’S LIABILITY. IF HPI IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE OR THE FAILURE TO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, HPI’S MAXIMUM LIABILITY WILL BE $500. HPI WILL ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY CUSTOMER AND HPI. IF HPI DOES SO, A RIDER WILL BE ATTACHED TO THIS AGREEMENT.
HPI EXPRESSLY DENIES ALL LIABILITY FOR ANY OTHER LOSS OR DAMAGE THAT MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ANY OTHER THEORY OF LIABILITY.
THIS EXCLUSION SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS EXCLUSION ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
CUSTOMER ACKNOWLEDGES THAT, FOR AN ADDITIONAL FEE, CUSTOMER MAY OBTAIN ADDITIONAL PROTECTION FOR THE PREMISES, INCLUDING TELEPHONE LINE-CUT PROTECTION.
3. HPI’s Privacy Policy. This section applies to all HPI written correspondences, paper or online, interaction with our clients or prospective clients including but not limited to our website, quoting & ordering online services (i.e. QuoteValet), email, Order Agreements, Service Tickets, etc. The term “HPI services” when used herein refers to all HPI written correspondences.
As a security company, HPI is committed to protecting your privacy. Any information we collect is stored in files and on servers owned or controlled by HPI which are held in physically secure locations and are protected by firewall and password based security measures. The policy below outlines what information we collect, why we collect it, and how we use that information.
Basic information we collect and what we do with it. In the course of providing or attempting to provide services to you, HPI may collect basic personal information that can be used to identify you (“personal information”), including, but not limited to, your name, service address, billing address, telephone numbers, email address, billing information including your bank account or credit card number, social security number, credit score, correspondence and communications records, and the specific products and services you have purchased from HPI. We use this personal information to provide you with information about your account, personalize your use of HPI Services or other requested services. However, we do not share your personal information with third parties except as allowed or required by applicable law, including, without limitation, making disclosures (i) that are necessary or advisable to protect the rights, safety and property of HPI or others, (ii) that are necessary or advisable to conform to legal or regulatory requirements, (iii) to third parties in connection with the performance of services; (iv) to credit bureaus in connection with determining credit scores; (v) to collection agencies to collect past due debts to HPI; and (vi) as requested by law enforcement or other emergency agencies.
HPI may also collect aggregate data and information that cannot be used to identify you (“non-personal information”), such as website activity logs, statistics on particular services purchased by customers, the number of alarm signals received, average customer tenure, customer demographics, and the like. We do this in order to spot general patterns of use on our website, and to better understand our customer interests and activities to help us improve the design of our website or service offerings. However, none of the information collected can be used to identify you.
Children. Customer and Customer authorized users of HPI’s website, Systems and services represent they are of legal age to create binding and financial obligations for any liability that may incur as a result of their use of HPI Services. HPI Services are not directed to children under the age of 13, and HPI will never request personally identifiable information from anyone whom it knows to be under the age of 13 without verifiable parental or guardian consent. HPI does not knowingly collect, or wish to obtain, personally identifiable information from children. If HPI becomes aware that a user is under the age of 13 and has provided personally identifiable information without prior verifiable parental or guardian consent, it will remove user’s personally identifiable information from its files.
Security of online transactions and orders. In order to ensure the security of your personal information during online transactions and orders, HPI has policies and procedures in place to protect your personal information from loss, misuse or alteration. If you place a request or order through the HPI website, we will prompt you for address and contact details that will allow us to accurately fulfill and invoice you for the items you request or order. If we ask you for particularly sensitive data, such as credit card information for payment, then this is passed over a Secure Socket Layer (SSL) protocol with a 128-bit encryption key. SSL is an encoding algorithm that encrypts information passed between your computer and HPI in an effort to prevent unauthorized access of your personal information. Further, we provide a third party certificate which can be used to verify the credentials of the HPI server you are supplying the details to. In the case of credit card information, this is stored on a server separate from other customer’s information and is destroyed after any payment has associated with an order has been processed. In particular, this information is not stored with your user profile and is not accessible via this mechanism. In addition, our personnel who have access to your data have been trained to maintain the confidentiality of your personal information.
Username and password security. Some areas of the HPI website are accessible only by secure login. For example, in order to access your account information, you may be asked to login to your account by entering your username (email) and password. You are solely responsible for all activities that occur in connection with your login, thus HPI recommends that you take steps to protect the confidentiality of your username and password. If you become aware of any disclosure, loss, theft or unauthorized use of your username or password, please notify HPI immediately.
Use of cookies. Cookies are pieces of data that are stored by your browser on your computer’s hard disk. The HPI website needs to use cookies in order to remember your preferences and to function properly, but the cookies we set up do not contain any information that can identify you.
Email communications. If you provide your email address to us, you consent to our use of your email address to notify you of information that may affect your account, or to provide you with the information you have specifically requested or be helpful to you and augment the products and services you have already purchased or inquired about from HPI. If you send us an email message, you also consent to our use of your email address to answer the message we received from you. Your email address will not be sold to or shared with others not directly associated with HPI in providing your services. Your email address will not be used for any purpose other than those listed in this policy.
Disclosure of information to third parties. HPI respects your right not to be contacted unless you want to. Thus, we do not sell, trade, give, or rent information that can identify you personally to any third party. However, HPI does use third parties in order to fulfill certain functions on your behalf. For example, in order to ship a package to you, we have to tell the shipping company your name and address and possibly phone/fax number. In these cases, we only disclose the information necessary to perform that specific function.
Your consent. By using the HPI website, you are consenting to us collecting and using the information as stated above.
The HPI privacy policy may be modified from time to time and any future modifications will be posted immediately so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
If you have any questions or concerns regarding the HPI privacy policy, please contact the HPI webmaster: webmaster@hpisecurity.com.
4. Limited Warranty. (a) Online or over the counter purchases (OTC) have only the Manufacturer’s Warranty and must be returned by Customer (See Return Policy below). Manufacturer’s Warranties are typically 12 months but can be as little as 90 days or as much as 5 years on certain parts or components. See the Manufacturer’s Website or written warranty that came with the product purchased. (b) System Installs. The labor on a new System that was installed by HPI is warranted for 12 months on our installation work. HPI’s Labor is the prevailing service rates on replacement of defective parts that are still covered under Manufacturer’s Warranty after the first 90 days for onsite replacement or repair unless the Extended Service Agreement (ESP) coverage is purchased (see section for “Specific Product or Service Terms & Conditions”). Emergency Service is any Customer demand for onsite response in less than 24 hours or for onsite service to be performed after normal business hours (M-F 9am-5pm except Saturdays, Sundays and legal holidays) emergency service calls are chargeable for labor at overtime & weekend prevailing rates but Manufacturer’s Warranties will be honored. (c) Repairs. Repairs made by HPI technicians onsite or over remote logon means, are Warranted for 90 days. HPI may use reconditioned parts in making repairs, but HPI warrants the replacement parts only for the remainder of the Manufacturer’s warranty period.
This limited warranty does not cover batteries, nor does it apply if the System has been damaged by acts beyond HPI’s control. Such acts include vandalism, accidents, power surges, misuse, lack of proper maintenance, unauthorized changes, or acts of God (including lightning, fires, earthquakes, hurricanes, tornadoes, etc.).
Customer must notify HPI of any problem that Customer claims under HPI’s limited warranty within the warranty period. HPI will repair the problem as soon as it reasonably can after it receives Customer’s notice. THIS LIMITED WARRANTY IS AUTOMATICALLY TERMINATED IF THE EQUIPMENT IS SERVICED OR MONITORED BY A COMPANY OR TECHNICIAN OTHER THAN THOSE AUTHORIZED BY HPI.
(c) This limited warranty is the only warranty HPI makes, is made only if HPI installed the System, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS AGREEMENT. HPI MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HPI does not promise that the System or the services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides HPI has given Customer any implied warranty, it will extend only for the length of the limited warranty period.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer. This limited warranty gives Customer specific legal rights. Customer may also have other legal rights that vary from state to state.
5. Return policy. You may return any part or product, either purchased as part of an installed System or shipped directly as a part purchase, for refund or exchange within 30 days of the order shipment date. (The order shipment date and order notification are provided to you by email or at the completion of installation). All returns must be accompanied with a Return Merchandise Authorization number (RMA #).
If we shipped you the wrong product, or it arrived defective or damaged, no problem. Just contact us within 30 days of the item’s original shipping date to arrange for the return of your purchase. We will send a replacement, provided the returned item(s) are received back in their original packaging, along with all accessories if applicable.
If you ordered the wrong item, the part selected doesn’t perform as you expected, or simply changed your mind, we will refund you for your purchase (minus the shipping cost), provided the returned item(s) are received back in their original packaging, along with all accessories if applicable, provided your purchase is in “as-new” condition, and the purchased product was not noted as a clearance, close-out or non-returnable item. When your return is received, you will be issued a refund to your credit card for the merchandise only. (Please note that you will be responsible for return shipping costs of non-defective merchandise if you use one of our pre-printed return shipping labels.) Additional restrictions may apply, please contact us for more information. Non-recoverable products or services in addition to shipping costs, such as wire and labor, obviously cannot be returned or refunded but HPI will make every effort to correct a System installation to your satisfaction or we will leave the infrastructure (wiring and connectors) in good enough condition for your future use. Additional labor charges may apply for exchanged parts.
After you get your RMA number, you will have the opportunity to have a return shipping label generated for you. If you choose not to use a label provided by us, please use the instructions given to you when you receive your RMA to package your return. Ship your package back to us at the following address:
HPI Security
RMA: [include your RMA# here]
340 Shore Drive East
Oldsmar, FL 34677
(800) 229-6693 or (813) 307-9213 Admin@HPIsecurity.com
6. Customer’s Protection of HPI. This Agreement for products and/or services is intended only for Customer’s benefit. Therefore, Customer agrees to protect/indemnify, defend and release HPI and HPI’s related parties from liability against all third party claims or losses (including reasonable attorneys’ fees) brought against HPI that relate to the System or the Services HPI provides. HPI’s related parties include HPI’s employees, agents and subcontractors. This protection/indemnity covers claims brought against HPI by Customer’s insurance company. It also includes claims arising under contract, warranty, negligence, or any other theory of liability. Customer’s duty to protect/indemnify HPI, however, does not apply to claims based on injuries to third parties or to their property that occurred while HPI’s employees were on the Premises and which those employees caused solely and directly. In case of any third party claim or loss covered by Customer’s insurance, Customer agrees not to look to HPI or HPI’s related parties for reimbursement. Customer waives any rights that Customer’s insurance carrier or others claiming through Customer may have against HPI or HPI’s related parties. Customer agrees that HPI is authorized and permitted to subcontract any services to be provided by HPI to third parties who may be independent of HPI. Customer acknowledges that this agreement, and particularly those paragraphs relating to HPI’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of HPI.
7. Customer’s Agreements. Customer or Customer’s representative has the authority to accept and approve this Agreement on behalf of the Customer and in doing so will not violate any other agreement. Customer is not aware of any hazardous conditions on the Premises. Customer agrees to prevent false alarms and assume responsibility for them. If HPI notifies Customer of a malfunction, Customer will disconnect the System until HPI can repair it.
Customer will not tamper or interfere with the System, nor permit others to do so. Customer agrees that HPI can record and use all communications with anyone at the Premises in the normal course of HPI’s business. Customer agrees that HPI can make program changes to HPI’s proprietary data located in the transmitting device.
Customer agrees to maintain all 3rd party communications services need by the System(s) and will test the System & communications at least once a month, as well as when changes are made to its telephone services or System, Internet Services or the Premises. Customer will immediately notify HPI of any problems with the System. HPI will attempt to install, repair, or service the System when requested by Customer, however, any delay will not be claimed by Customer as an act of neglect on the part of HPI or as reason to void this agreement. Customer agrees to notify HPI by certified mail of any defects in the System and grant HPI 30 days in which to correct any such defects or problems. Customer will pay HPI its then-current charges for doing any work not covered by this Agreement, including paying HPI’s minimum service charge if HPI cannot enter the Premises at the scheduled time. Customer’s obligations continue even if Customer sells or leaves the Premises.
8. Term of Recurring Monthly Subscription Services (“RMS”). If Customer has agreed to subscribe to the Monthly Services, under the terms and conditions herein, described in this Order/Agreement the term will be for a minimum initial term of 36 months (60 months on In-House Leases and Bulk Contracts) unless otherwise agreed to in writing in this Order/Agreement. Upon expiration of said term of this agreement shall automatically be renewed for successive 24 month terms every 24 months (60 month auto-renewing terms for In-House Leases and Bulk Contracts), unless otherwise restricted by state statute which will take precedence, under the same terms and conditions and each succeeding term thereafter, unless either party hereby, by registered mail, certified mail or email (with acknowledgements from both parties), to the other give notice of his intention not to renew such agreement at least sixty (30) days prior to the expiration date of this Agreement. RMS charges are billed separately after the completion of installation and are not included in the initial order’s installation charges, deposit or balance of payment charges collected through the credit card service at time of order.
9. Customer’s Default. If Customer fails to perform its obligations, HPI will give Customer written notice of default. If Customer does not fix the default within 30 days, HPI can end this Agreement. If HPI ends this Agreement Customer must pay HPI: (a) all amounts then due; (b) 80% of the amount due HPI for the remainder of this Agreement (as an agreed-upon amount of damages and not as a penalty); and (c) HPI’s reasonable collection costs, including attorneys’ fees.
If this Agreement is ended, HPI does not have to provide any service, including monitoring, after that date. In addition, HPI can peacefully enter the Premises and remove its equipment. If HPI waives any default by Customer that does not mean HPI waives later defaults. Any waiver by HPI must be in writing.
Customer grants HPI a security interest in any property HPI installs on the Premises in order to secure payment of the purchase price or performance under the lease. Customer must return such property if it does not fully pay for it. If Customer does not return such property, HPI will ask a court to force Customer to do so. HPI has the rights of a secured party under the Uniform Commercial Code. No System will be considered on-line until all installation dollars are paid and current and HPI may, without notice and without liability, shutdown any System installed until Customer signals Customer’s acceptance of the work completed by payment in full.
10. System Charges. Customer agrees to obtain all licenses and pay all taxes, permits, fines and other assessments, including sales taxes. HPI’s fees are based upon existing taxes and charges, and HPI can increase HPI’s fees to reflect changes in these taxes or charges. After the first year of this Agreement, HPI can increase HPI’s fees by an annual amount up to 15% or the annual percentage increase in the Consumer Price Index, whichever is greater, in addition to any increases due to taxes or charges.
If Customer is more than 15 days late with payment, HPI can charge Customer interest up to the highest rate allowed by law. In addition, Customer agrees to pay HPI’s reasonable collection costs, including rebilling fees, attorneys’ fees, and a reasonable reconnect fee if HPI has disconnected the System.
11. Transfers. Customer cannot transfer this Agreement without HPI’s consent. However, HPI can transfer this Agreement or subcontract its obligations without Customer’s consent. If HPI does so, anyone to whom HPI transfers or subcontracts its obligations will have all of HPI’s rights. HPI is not responsible, however, for any work, including monitoring, which is done negligently by any third party.
12. Notices; Limitation on Lawsuits; Jury Trial. Unless otherwise indicated, all notices must be in writing. Customer or HPI may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current term. It is critical that Customer give any termination notice in a timely manner. Customer must bring any claim against HPI within 1 year after the claim arose. If Customer does not, Customer has no right to sue HPI and HPI has no liability to Customer for that claim. It is critical that Customer bring any claim in a timely manner. The provisions of this Agreement, which apply to any claim, remain in effect even after this Agreement ends. All Notices must be sent by registered mail, certified mail or email (with acknowledgements from both parties) to:
HPI Security
340 Shore Drive East
Oldsmar, FL 34677
Admin@HPIsecurity.com
HPI AND CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL.
13. Miscellaneous. This Agreement contains the entire understanding between Customer and HPI and replaces any other documents or discussions HPI previously had with Customer. Florida law governs this Agreement. If HPI does not approve this Agreement, HPI’s only obligation is to refund any payments Customer has made. Any equipment or services HPI provides to Customer in the future are subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both Customer and HPI sign. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective. The word “including” means “including without limitation.” Except for monitoring, HPI is only obligated to do work during HPI’s normal business hours of 9:00 a.m. to 5:00 p.m. on weekdays, excluding holidays HPI observes. All schedules and attachments are a part of this Agreement.
Specific Product or Service Terms & Conditions
The General Terms & Conditions above apply to any purchase or lease and all invoices, orders, quotes, addendum, recurring monthly subscription services and/or service order/invoices and are between Castle Ventures, Inc. d/b/a HPI, d/b/a HPI Security, d/b/a Home Protection, Inc. (hereinafter referred to as HPI) and Customer as specified on the purchase documents executed for these purposes.
The following individual terms apply only to those Customers that purchase or subscribe to the described products or services. If so purchased or subscribed to, the following appropriate section(s) will apply in addition to the General Terms and Conditions.
System Purchase & Installation. HPI has agreed to provide and/or install the equipment and services listed on the order herein (the “System”) and Customer agrees to pay the installation and all service charges to HPI as outlined in this Agreement. HPI assumes no responsibility for the installation except as specifically stated in writing in this Agreement. Customer agrees to provide uninterrupted access to the property during normal business hours and understands that the installation or repair of the products and services purchased under this Agreement will require cutting, drilling, digging and attaching into Customer’s premises. HPI will use due care to maintain the appearance of Customer’s property but is not responsible for repairing to customer’s satisfaction any wallpaper, paint, flooring, grass, foliage or other items altered to achieve the System installation or future repairs.
Alarm, Video or Access Monitoring. Monitoring Services start after monitoring information is received at central station and payment is received by HPI. Customer must call central station & test system to confirm before relying on services. Customer is responsible for weekly testing of system, ordering of repair service, user permitting with local authority if required & false alarm fines. If subscribed to by Customer, HPI (or its subcontract central station) agrees to monitor signals from the Customer’s System. Once HPI receives a signal HPI will respond according to standard operating procedure for the type of signal received which may or may not include trying to notify, over the regular telephone lines, the agency(s) and/or person(s) identified on Customer’s Emergency Contacts (“EC”) list herein. However, HPI will not notify anyone if it reasonably believes that notification is not required. Customer agrees to update the EC list in writing as necessary. HPI is entitled to rely solely on EC list. HPI is not responsible for trying to contact anyone else. CUSTOMER UNDERSTANDS THAT NO FORM OF MONITORING IS ERROR-FREE. Customer also understands that HPI is not responsible for any interruption of service due to any cause beyond HPI’s control, such as cut, damaged, altered service or faulty telephone lines, cell service interruption, router issues, internet service interruption or any damage or destruction to central station monitoring equipment or facilities. HPI is not be required to supply monitoring service to Customer while such interruption continues. If Customer requests, however, HPI will give Customer a pro-rata refund if the interruption lasts more than 24 hours and is due to any damage or destruction to HPI’s equipment or facilities.
Enhanced Call Verification (“ECV”) Procedure – HPI complies with Florida state statute in the handling of POLICE alarm signals (i.e. Burg, Panic, Hold-up, but NOT Medical or Commercial FIRE ALARMS) which requires (2) attempts to notify an Emergency Contact BEFORE dispatching police for an opportunity to cancel a False Alarm dispatch.
Service & Repairs. HPI has agreed to provide and/or install the equipment and repair services listed on the service invoice order herein (the “Service Ticket” and/or “Invoice”) and Customer agrees to pay the parts & labor charges to HPI as outlined on the related Invoice and in this Agreement. Customer agrees & understands that repair service to existing older systems either originally installed by HPI or by others is accomplished by trial & error and the problem may not be solved in the first visit. Additional service hours are chargeable if needed. HPI assumes no responsibility for the existing System and only for the repairs listed in the repair Invoice as specifically stated in writing in this Agreement. Customer will inspect and confirm functionality of Customer’s System when repairs are completed and Customer agrees not to hold HPI responsible for the operation or non-operation of the existing system equipment that was not replaced by HPI at that time. The Limited Warranty herein applies to all repairs by HPI. Customer agrees to provide uninterrupted access to the property during normal business hours and understands that the repair of the products and services purchased under this Agreement will require cutting, drilling, digging and attaching into Customer’s premises. HPI will use due care to maintain the appearance of Customer’s property but is not responsible for repairing to customer’s satisfaction any wallpaper, paint, flooring, grass, foliage or other items altered to achieve the repairs.
Extended Service Plan (“ESP”): ESP is a Parts & Labor RMS that includes priority onsite response, repair, replacement and return of defective parts during normal business hours unless emergency service is specifically included in the ESP contract. Repair or replacement of system parts including labor costs are provided as described below in this Agreement in Section 4. Limited Warranty. Additionally, the ESP includes trip charges and parts shipping costs. Unless otherwise agreed in writing this ESP is a normal business hours plan (Monday thru Friday 9-5 excluding legal holidays) for service trip and labor charges. Parts are covered at any time even if customer orders emergency overtime service at HPI’s prevailing rates. Customer is still responsible for testing system and notifying HPI in a timely manner of any defects or need for System repair service. The ESP must be purchased before the initial System installation is completed or HPI is under no obligation to offer the ESP service. If HPI agrees to contract for ESP of Customer’s existing system, HPI will require Customer to pay for a thorough testing of their system and Customer will be required to pay for all repairs to bring system to new condition plus any upgrades to the system that HPI would have included in the initial install if HPI had known at that time that it would be servicing the system beyond the initial Limited Warranty (such as remote programming access or lightning protection). ESP charges are billed separately and may not be paid by credit card.
In-House Equipment Leases. In an In-House Lease HPI provides the system parts (and HPI retains ownership) and maintains the system thru the term of the lease under the ESP terms. Customer will pay for the initial non-recoverable installation labor & cabling and the RMS fee. If this purchase is designated as an “In-house Lease” it will be governed by these additional terms. HPI, hereinafter in this section called the “LESSOR”, and Customer hereinafter in this section called the “LESSEE” it is mutually agreed as follows:
For the consideration set forth in the order, the lessor agrees to install and maintain (under the ESP terms above) or cause to be installed and maintained, on the premises of the lessee located as listed in this order/agreement the equipment, as described in the order and to maintain the same in good working order during the term of this Agreement with the understanding that all apparatus and equipment shall at all times remain solely the property of lessor. For the installation of said equipment, lessee agrees to pay the lessor the sum agreed to in the order upon signing of this agreement and further, lessee agrees to pay the lessor the RMS monthly sum agreed to in the order, payable in advance for maintenance and service for a term of sixty (60) months commencing, upon completion of this installation. Lessee agrees to pay any applicable federal, state or local taxes as well as any applicable permit fees. Lessee agrees to furnish any necessary electric current at lessee’s own expense. Telephone company tine charges are excluded. Any future increases in such taxes, telephone fine charges or other assessments including false alarm assessments are to be borne by the lessee. Upon expiration of said term of this agreement shall automatically be renewed for a like term under the same terms and conditions and each succeeding term thereafter, unless either party hereby by registered mail, certified mail or email (with acknowledgements from both parties), to the other give notice of his intention not to renew such agreement at least sixty (30) days prior to the expiration date of this Agreement. Lessee agrees that no person or persons, other than lessor’s authorized agents, be permitted to alter, remove, or tamper with equipment of such system, without the written permission of lessor, and lessee shall be liable for loss or damage to the equipment and agrees to return to lessor upon termination of this agreement, whether by expiration of the term, or otherwise, In the same condition as it was upon installation, less ordinary wear and tear, lessee agrees not to remove the equipment from Its present location, nor to sell or attempt to sell or encumber any or said equipment.
Bulk Contracts. Service contracts for RMS that are negotiated for special rates that apply to multiple systems under the same contract are defined as “Bulk Contracts” and are contracted for longer terms (see section 8 above).
Managed System Services. Customer responsibilities such as regular checking of the video recorder and cameras, doing video event searches and take-off’s, access control card distribution and programming etc. can be subcontracted to HPI for a RMS fee provided the services provided are clearly outlined in the order and Customer extends all protections contained herein to HPI along with any protections that Customer would provide to an employee given the same responsibilities. Parts and Labor for repairs are additional costs to customer as outlined herein under Service & Repairs and/or ESP.
Online or over the counter purchases (OTC). HPI is primarily an installing company but from time to time will sell parts to Customers for Customer to install or use themselves. In such cases these terms & conditions will apply and HPI assumes no responsibility for the installation, application or functionality of the product except as specifically stated in writing in this Agreement. No on-site parts or service Warranty from HPI will apply. Manufacturer’s warranty may apply provided Customer meets their criteria.
