Standard Security Equipment Sales Contract

INSTALLTEAM ELECTRONIC CONTRACTORS INC.

12151 - 59th Avenue, Surrey,
British Columbia, Canada V3X 3L4
(778) 565-1022

PDF VERSION 

INSTALLTEAM ELECTRONIC CONTRACTORS INC., (hereinafter referred to as "IEC" or "Seller") agrees to sell, instruct Buyer (whose complete information is contained on the Service Request previously emailed to the Buyer) in the proper use of the security system, and install, at Buyer’s premises (as specified in the Customer and Bill-To address fields of the Service Request), and Buyer agrees to buy, an electronic security equipment system, consisting of the following equipment; passcode to CPU software remains property of IEC; (equipment to be identified by model description and quantity as contained on the Service Request email). This contract is entered into in the municipality of Surrey in the Province of British Columbia.

INSTALLATION CHARGES: Buyer agrees to pay the IEC the sum (as specified on the accompanying Service Request email) plus any government taxes, for the sale and installation of the system as outlined on the Service request email. Payment to be made as follows: Fifty percent (50%) due upon execution of this Contract, thirty percent (30%) due upon delivery to Buyer, and twenty percent (20%) upon completion of the installation. Any sums not paid by the due date are subject to an interest charge at a rate of one and one-half percent (1.5%) per month, compounded monthly until all amounts are paid in full.

LIMITED WARRANTY: In the event that any part of the security equipment becomes defective, or in the event that any repairs are required, IEC agrees to make all repairs and replacement of parts without costs to the Buyer for a period of ninety (90) days from the date of installation.  IEC reserves the option to either replace or repair the security equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty.  IEC’s warranty does not include batteries, reprogramming, damage by lightning, electrical surge, wire breaks. IEC is not the manufacturer of the equipment and other than IEC’s limited warranty Buyer agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, IEC makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. IEC does not represent nor warrant that the security equipment may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, fire or otherwise;  or that the system will in all cases provide the protection for which it is installed. IEC expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than IEC. IEC shall not be liable for consequential damages. Buyer acknowledges that any affirmation of fact or promise made by IEC shall not be deemed to create an express warranty unless included in this contract in writing; that Buyer is not relying on IEC'S skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that IEC has offered additional and more sophisticated equipment for an additional charge which Buyer has declined.

Buyer’s exclusive remedy for IEC'S breach of this contract or negligence to any degree under this contract is to require IEC to repair or replace, at IEC'S option, any equipment which is non-operational. Some provinces do not allow the exclusion or limitation of consequential or incidental damages, or a limitation on the duration of implied warranties, so the above limitations or exclusion may not apply to you. The warranty gives you specific legal rights and you may also have other rights which may vary from province to province. If required by law, IEC will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.

DELAY IN INSTALLATION: IEC shall not be liable for any damage or loss sustained by Buyer as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including IEC'S negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence.

TESTING OF SECURITY SYSTEM: The parties hereto agree that the security equipment, once installed, is in the exclusive possession and control of the Buyer, and it is Buyer’s sole responsibility to test the operation of the security equipment and to notify IEC if any equipment is in need of repair. IEC shall not be required to service the security equipment unless it has received notice from Buyer, and upon such notice, and provided Buyer is not in default of this agreement, IEC shall during the warranty period service the security equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Buyer agrees to test and inspect the security equipment immediately upon completion of installation and to advise IEC in writing within three days after installation of any defect, error or omission in the security equipment. In the event Buyer complies with the terms of this agreement and IEC fails to repair the security equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Buyer agrees to send notice that the security equipment is in need of repair to IEC, in writing, by certified or registered mail, return receipt requested and Buyer shall not be responsible for payments due while the security equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the security equipment is in issue, the Buyer shall be precluded from raising the issue that the security equipment was not operating unless the Buyer can produce a post office certified or registered receipt signed by IEC, evidencing that service was requested by Buyer.

ALTERATION OF PREMISES FOR INSTALLATION: IEC is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in IEC's sole discretion for the installation and service of the security equipment, and IEC shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security equipment, and Buyer represents that the owner of the premises, if other than Buyer, authorizes the installation of the security equipment under the terms of this agreement.

BUYER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyer agrees to furnish, at Buyer’s expense, all 110 Volt AC power and electrical outlets and receptacles, telephone hook-ups, RJ31 Block or equivalent, internet connection, high speed broadband cable or DSL and IP Address, as deemed necessary by IEC. 

BUYER'S RESPONSIBILITIES: Buyer is solely responsible for any false alarm fines, permit fees and any other municipal assessments related to the security equipment and shall promptly on demand reimburse and indemnify IEC for any such expenses. Should IEC be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Buyer agrees to pay IEC for such service or material.

INDEMNITY/WAIVER OF SUBROGATION RIGHTS: Buyer agrees to and shall indemnify and hold harmless IEC, 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 IEC's performance, negligent performance, or failure to perform any obligation.  Parties agree that there are no third party beneficiaries of this contract. Buyer on its behalf and any insurance carrier waives any right of subrogation Buyer’s insurance carrier may otherwise have against IEC or IEC's subcontractors arising out of this agreement or the relation of the parties hereto. Buyer shall not be permitted to assign this agreement without written consent of IEC. IEC shall have the right to assign this contract and shall be relieved of any obligations created herein upon such assignment.

EXCULPATORY CLAUSE: IEC and Buyer agree that the security equipment, once installed, becomes the personal property of the Buyer; that the equipment is not permanently attached to the realty and shall not be deemed fixtures. Buyer agrees that IEC is not an insurer and no insurance coverage is offered herein. The security equipment is designed to reduce certain risks of loss, though IEC does not guarantee that no loss will occur. IEC 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 IEC’S negligent performance, failure to perform any obligation or strict products liability. Buyer releases IEC from any claims for contribution, indemnity or subrogation.

INSURANCE: The Buyer shall maintain a policy of public liability, property damage, burglary and theft insurance under which IEC and the Buyer are named as insured, and under which the insurer agrees to indemnify and hold IEC harmless from and against all costs, expenses including attorneys' fees and liability arising out of or based upon any and all claims, injuries and damages arising under this agreement, including, but not limited to, those claims, injuries and damages contributed to by IEC's negligent performance to any degree or its failure to perform any obligation. The minimum limits of liability of such insurance shall be one million dollars for any injury or death, and property damage, burglary and theft coverage in an amount necessary to indemnify Buyer for property on its premises. IEC shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Buyer from insurance covering such loss or damage or for such loss or damage against which the Buyer is indemnified or insured.

LIMITATION OF LIABILITY: Buyer agrees that should there arise any liability on the part of IEC as a result of IEC’S negligent performance to any degree, failure to perform any of IEC’S obligations, equipment failure or strict products liability, that IEC’S liability shall be limited to the sum of $250.00 or 5% of the sales price, whichever is greater. If Buyer wishes to increase IEC’S maximum amount of IEC'S limitation 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 IEC’S increased liability. This shall not be construed as insurance coverage.

LIQUIDATED DAMAGES: The parties agree that in the event Buyer suffers damages as a result of IEC's negligence to any degree or failure to perform any obligation, it would be impractical and extremely difficult to anticipate or fix actual damages. Therefore, Buyer agrees that should there arise any liability on the part of IEC, Buyer agrees to accept $250.00, or the amount provided for in paragraph 9, whichever is greater, as liquidated damages in complete satisfaction and IEC is discharged and released of any further responsibility or liability. 

LEGAL ACTION: In the event IEC institutes legal action to recover any amounts owed by Buyer to IEC hereunder, the parties agree that the amount to be recovered, and any judgment to be entered, shall include interest at the rate of 1 1/2% per month from the date payment is due.  Should IEC prevail in any litigation between the parties Buyer shall pay IEC'S legal fees. In any action commenced by IEC against Buyer, Buyer shall not be permitted to interpose any counterclaim. Any action by Buyer against IEC must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against IEC must be based on the provisions of this agreement. Any other action that Buyer may have or bring against IEC in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement. Any service of process or papers in any action, proceeding or arbitration may be served by mail or overnight carrier to addresses in this agreement. Subscriber submits to the jurisdiction of British Columbia and agrees that any litigation between the parties must be commenced and maintained exclusively in Surrey which is where IEC’s principal place of business in located.

IEC'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees that IEC is authorized and permitted to subcontract any services to be provided by IEC to third parties who may be independent of IEC, and that IEC shall not be liable for any loss or damage sustained by Buyer by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties and Buyer appoints IEC to act as Buyer’s agent with respect to such third parties, except that IEC shall not obligate Buyer to make any payments to such third parties. IEC shall be permitted to assign this contract and upon such assignment shall have no further obligation hereunder. Buyer acknowledges, that this agreement, and particularly those paragraphs relating to IEC'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 IEC.

NON-SOLICITATION: Buyer agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of IEC assigned by IEC to perform any service for or on behalf of Buyer for a period of two years after IEC has completed providing service to Buyer. In the event of Buyer’s violation of this provision, in addition to injunctive relief, IEC shall recover from Buyer an amount equal to such employee's salary based upon the average three months preceding employee's termination of employment with IEC, times twelve, together with IEC's counsel and expert witness fees.

FULL AGREEMENT/SEVERABILITY: 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 that in the event IEC issues a UL/ULC certificate to Buyer, IEC will comply with Underwriters Laboratories of Canada or any local law requirements regarding items of protection provided for in this agreement. This contract shall be governed by the laws of the Province of British of Columbia. Should any provision of this agreement be deemed void, all other provisions will remain in effect.

BUYER ACKNOWLEDGES HAVING SIGNED A SERVICE REQUEST FOR THE REQUESTED WORK, PRODUCTS AND SERVICES BY ELECTRONIC MEANS AND TO RECEIWING AND AGREEING WITH THE TERMS AND CONDITIONS THIS CONTRACT, AT TIME OF EXECUTION.

NOTICE OF CANCELLATION: YOU, THE BUYER, ARE ENTITLED TO A COPY OF THIS CONTRACT UNDER BRITISH COLUMBIA’S BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, AND MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT AFTER THE TENTH DAY AFTER THE DATE OF RECEIVING A COPY OF THIS CONTRACT. SEE BELOW FOR A FULL STATEMENT OF YOUR CANCELLATION RIGHTS.

BRITISH COLUMBIA’S CANCELLATION RIGHTS

DIRECT SALES CONTRACT

(1) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract.

(2) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if one or more of the following applies:

(a) the contract does not meet the requirements of sections 19 and 20 (1) [required contents of contract];

(b) at the time the contract was made, the supplier was under a direct sales prohibition order;

(c) the goods or services to be supplied under the contract are not supplied to the consumer within 30 days of the supply date.

(3) The consumer is not entitled to cancel the contract under subsection (2) (c) if the consumer accepts delivery of the goods or services after the end of the 30-day period described in that subsection.

(4) Despite section 15 (2) [assignee's obligations], if a consumer cancels a direct sales contract under this section, the supplier, within 15 days after the notice of cancellation has been given, must return to the consumer any trade-in received under a trade-in arrangement, or an amount equal to the trade-in allowance.

(5) Despite section 28 (1) [return of goods by consumer on cancellation], if a consumer cancels a direct sales contract under this section, the consumer may retain possession of the goods delivered to the consumer

(a) until all money paid by the consumer is refunded, and

(b) in the case of a trade-in arrangement, until either

(i) the supplier returns to the consumer, in substantially the same condition as when the supplier received them, the goods delivered by the consumer under the trade-in arrangement, or

(ii) an amount equal to the trade-in allowance is paid to the consumer.

(6) If a trade-in or an amount equal to the trade-in allowance is not returned to the consumer as required under subsection (4), the consumer may recover from the supplier as a debt due an amount equal to the trade-in allowance.

(7) If a consumer receives an amount equal to the trade-in allowance, the title of the consumer in respect of the goods delivered by the consumer under the trade-in arrangement, if the title had not already passed from the consumer, vests in the person entitled to them under the trade-in arrangement.

FUTURE PERFORMANCE CONTRACTS

(1) A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract.

(2) A consumer may cancel a continuing services contract by giving notice of cancellation and the reason for the cancellation to the supplier at any time if there has been a material change

(a) in the circumstances of the consumer, or

(b) in the services provided by the supplier.

(3) A material change in the circumstances of the consumer includes, without limitation,

(a) the consumer's death,

(b) a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or

(c) the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's new location.

(4) A material change in the services provided by the supplier occurs

(a) when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24,

(b) when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier's discontinuance of operation or substantial change in operation, or

(c) when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location.

(5) Section 27 [refunds by supplier on cancellation] does not apply to a cancellation under subsection (2).

(6) If a consumer cancels a continuing services contract under subsection (2), the supplier must

(a) within 15 days after the notice of cancellation has been given, refund to the consumer,

(i) in the case of a cancellation under subsection (2) (a), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier's costs, or

(ii) in the case of a cancellation under subsection (2) (b), the portion determined in the prescribed manner of all cash payments made under the contract, and

(b) within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract.

CONTINUING SERVICES CONTRACT

A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract.

(2) A consumer may cancel a continuing services contract by giving notice of cancellation and the reason for the cancellation to the supplier at any time if there has been a material change

(a) in the circumstances of the consumer, or

(b) in the services provided by the supplier.

(3) A material change in the circumstances of the consumer includes, without limitation,

(a) the consumer's death,

(b) a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or

(c) the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's new location.

(4) A material change in the services provided by the supplier occurs

(a) when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24,

(b) when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier's discontinuance of operation or substantial change in operation, or

(c) when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location.

(5) Section 27 [refunds by supplier on cancellation] does not apply to a cancellation under subsection (2).

(6) If a consumer cancels a continuing services contract under subsection (2), the supplier must

(a) within 15 days after the notice of cancellation has been given, refund to the consumer,

(i) in the case of a cancellation under subsection (2) (a), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier's costs, or

(ii) in the case of a cancellation under subsection (2) (b), the portion determined in the prescribed manner of all cash payments made under the contract, and

(b) within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract.

Form 131, Kirschenbaum, Esq., Copyright 1/08