Subscriber (sometimes referred to as “you”) agrees to subscribe to monitoring service for the PERS and the other systems checked above (each generally referred to as the “System” and in combination sometimes referred to as a “Combined System”) sold or otherwise provided to you by BEDFORD SECURITY SYSTEMS INC. (sometimes referred to as “us” or “we”). BEDFORD agrees to provide the Systems and monitoring services in accordance with the terms of this Agreement. This Agreement consists of this page, the reverse page entitled “Additional Terms and Conditions,” and your Client Information Form (the CIF). IF ANYONE OTHER THAN SUBSCRIBER IS THE USER OF ANY OF THE SYSTEMS OR SERVICES SUCH USER IS A THIRD PARTY BENEFICIARY TO THIS AGREEMENT AND IS BOUND BY ALL OF THE TERMS HEREIN, INCLUDING BEDFORD’S DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. The person using a System (Subscriber or another user) is referred to herein as the “User”.
1. SYSTEM SETUP; SERVICES.
The System is set up and connected by the User. The System will be delivered to you by BEDFORD, and a setup instruction sheet will be included with the System. Additional installation assistance and additional information regarding System activation is contained on our website at www.bedfordmedicalalert.com. You will provide a 110volt nonswitched electrical outlet for the System’s transformer. If the System communicates with our monitoring facility using your standard landline telephone service (POTS), you will provide a standard telephone jack to connect the System to telephone service. During the term of this Agreement we will monitor the System in accordance with the provisions set forth herein. The PERS is intended to be used only for medical and similar personal emergencies, and not as a burglar or fire alarm system. The MMS is intended to be used only to remind the User to take medications as preprogrammed by the User, and only User and/or contact persons(s) listed on the CIF will be notified if we receive a signal from the MMS. The SA is intended to detect smoke or fire. The CO is intended to detect the presence of carbon monoxide. The MERS is generally intended to aid you in the event you require assistance while away from your residence. WE WILL NOT PROVIDE MONITORING SERVICE AND WE WILL HAVE NO OBLIGATION TO NOTIFY EMERGENCY PERSONNEL OR OTHER PERSONS ON YOUR INFORMATION FORM UNTIL WE HAVE RECEIVED AND PROCESSED
(1) A COPY OF THIS AGREEMENT SIGNED BY YOU;
(2) YOUR COMPLETED CIF; AND
(3) TEST SIGNALS FROM THE SYSTEMS.
The PERS and the MMS System components, at all times, remain the property of BEDFORD and are provided as part of the service. At the end of this Agreement, you must return all PERS, and MMS System components to BEDFORD in good operating condition. If you fail to do so within ten (10) days following the expiration or termination of this Agreement, you will be fully liable for the value of all System components, which you agree is $350.00 for each PERS and MMS System not returned fully functional, and you further agree that we may charge your credit card for said amount, which we may retain as payment in full for the System. The MERS, SA and CO Systems are sold to you and upon termination of this Agreement they will be disconnected from our monitoring facilities, but you may keep the equipment.
3. PAYMENT AND TERMS.
(a) You agree to pay us the sales price for the MERS, SA and CO Systems, and monthly monitoring service fees as indicated above. The monthly service fee will be billed and is payable in advance for the selected billing cycle. The original term of this Agreement is the billing cycle you selected and will continue to automatically renew for the same cycle thereafter (e.g. month to month, quarter to quarter or year to year), unless terminated as set forth below. You understand that the monitoring of the MMS, SA and CO systems require that the PERS System and equipment be operative.
(b) Either party may terminate this Agreement at the end of the original term or any renewal term by giving the other party not less than 30 days advanced written notice and in the case of Subscriber by also returning all BEDFORD owned equipment. For a Combined System termination of any individual services (e.g. MERS, MMS, SA or CO) service will not terminate the PERS service. In case of termination of one of the Combined System services (other than PERS), you will be charged the standard service fee for the remaining Systems beginning the billing cycle following our receipt of the termination notice. This Agreement will remain in full force and effect with respect to the remaining Systems. If, at the end of the original or any renewal term, you wish to discontinue PERS and retain other services, you may do so, pursuant to a new agreement to be entered into between BEDFORD and you.
(c) Subscriber agrees to pay all sales, service, property, use and local taxes; any ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable, whether imposed on you or us, and we may initiate payment for such items on the credit card used at time of initial transaction. We shall have the right, at any time, to increase the services fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or governmental agency or private response agency relating to the monitoring service and you agree to pay the same.
(d) Subscriber authorizes BEDFORD to initiate payments for the sales price, use of the System, monitoring and other services and Subscriber’s other obligations under this Agreement from the credit card used at time of the initial transaction: You further agree that if payments to be made pursuant to this authorization are discontinued or terminated by you or any payment is refused or dishonored by the credit card company or is not paid to BEDFORD for any reason, that your payment obligations under this Agreement remain in full force and effect and you agree to pay the same to BEDFORD by check or other good funds.
4. THE SYSTEMS AND SERVICES HAVE CERTAIN LIMITATIONS. IN CONSIDERATION FOR THE
PROVISION OF THE SYSTEM AND SERVICE, YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT
OR WARRANT THAT THE SYSTEM OR MONITORING SERVICE WILL PREVENT DEATH, BODILY OR
PERSONAL INJURY, OR ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE
SYSTEM. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE
CENTER’S RESPONSE TO A SIGNAL, AND WE HAVE NO CONTROL OVER THE RESPONSE TIME OR
CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE
SYSTEMS BEING USED. YOU FURTHER UNDERSTAND THAT WE MAY BE NEGLIGENT IN
PROVIDING THE SERVICE, AND MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF A
REQUEST FOR ASSISTANCE, NOTIFICATION OR SIGNAL FROM THE SYSTEM, OR THAT THE
SYSTEM MAY FAIL TO FUNCTION PROPERLY. YOU UNDERSTAND THAT THE MMS SERVICE IS
DESIGNED TO REMIND YOU TO TAKE YOUR MEDICATIONS, AND THAT BEDFORD IS NOT
RESPONSIBLE FOR YOUR FAILURE TO DO SO, AS WELL AS YOUR FAILURE TO REFILL, PROGRAM
AND REPROGRAM THE DISPENSING UNIT BASED ON CHANGES IN YOUR MEDICATION SCHEDULE.
YOU FURTHER UNDERSTAND AND AGREE THAT THE INSTALLATION AND USE OF SMOKE ALARMS
AND CARBON MONOXIDE DETECTORS MAY BE GOVERNED BY LOCAL GOVERNMENTAL
AUTHORITIES, AND YOU ARE SOLELY RESPONSIBLE FOR THEIR PROPER INSTALLATION,
PLACEMENT, TESTING AND USE. YOU UNDERSTAND AND AGREE THAT ANY MEDICAL
PERSONNEL, FIRE DEPARTMENT, OR LAW ENFORCEMENT NOTIFIED TO ENTER ANY PREMISES
OR VEHICLE AS A RESULT OF THE USE OF THE SERVICES BY YOU OR ANY USER MAY ENTER
WITH FORCE, AND THAT YOU OR USER HAVE GRANTED THEM THE AUTHORITY TO USE SUCH
ACCESS, WHICH YOU UNDERSTAND COULD CAUSE DAMAGE TO YOUR PREMISES OR VEHICLE.
YOU AGREE THAT IF WE WERE TO HAVE ANY LIABILITY GREATER THAN THAT AGREED TO BY
YOU PURSUANT TO SECTION 16 OF THIS AGREEMENT, WE COULD NOT AND WOULD NOT
PROVIDE THE SYSTEMS AND SERVICE. YOU ACKNOWLEDGE THAT YOU SHOULD OBTAIN ANY
LIFE, MEDICAL OR DISABILITY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS
WHO MAY USE THE SYSTEM. YOU UNDERSTAND THAT THERE ARE ALTERNATIVES AVAILABLE TO
YOU SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND YOU HAVE SELECTED THIS SERVICE
WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF OUR LIABILITY SET FORTH IN SECTIONS 17 AND 18.
5. RECEIPT OF COPY: YOU STATE THAT YOU HAVE RECEIVED A COMPLETE COPY OF THIS
AGREEMENT AND HAVE READ THIS AGREEMENT BEFORE YOU SIGNED IT.
6. 14DAY TERMINATION: Notwithstanding Section 7 here in, you may cancel this Agreement and services at any time prior to midnight of the 14th day following delivery of the System(s), for a full refund of the sales price and any prepaid monitoring fees, less original shipping charges. After 14 days following delivery, all sales are final and no refunds will be issued. If you cancel, you must return ship, with tracking, to BEDFORD in substantially as good condition as when received, any goods delivered to you under this agreement. If you fail to return the Systems to BEDFORD, then you remain liable for the sales price of the System and all monitoring fees. To cancel this transaction: (i), mail a signed cancellation letter to BEDFORD SECURITY SYSTEMS INC., 2 Bloor Street West, Suite 700, Toronto, Ontario, M4W 3E2 or, (ii) send a cancellation email to firstname.lastname@example.org.
7. CANCELLATION [FACETOFACE]. IF THIS AGREEMENT WAS ENTERED INTO IN A
FACETOFACE TRANSACTION YOU, THE SUBSCRIBER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH BUSINESS DAY AFTER THE DATE OF THIS
TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF
BEDFORD SECURITY SYSTEMS INC.
Subscriber Subscriber Signature: __________________________
Subscriber Printed Name: ________________________________
Date Signed: __________________________________________
Subscriber understands and agrees that BEDFORD’s duties and obligations to provide the System, monitoring and any other services arise solely and exclusively out of this Agreement and not otherwise. 8. MONITORING SERVICE. We shall connect the System to our monitoring facility or an independent monitoring facility that we select (either sometimes referred to as the “Center”). We reserve the right to record all telephone conversations between you, User and the Center. We may discontinue any particular
form of response if required to do so by any governmental authority or insurance interest. You acknowledge and agree that all monitoring software, computer codes and monitoring information remain our sole and exclusive property. You agree not to relocate the PERS, CO or SA unit(s) or alter or disconnect any of the communication devices, networks or systems, as it may affect the functionality and operation of the System. You accept the responsibility for contacting BEDFORD if you require additional instruction on the use or functions of the System. The city or county in which your home is located may require that you obtain a license or permit for the use and monitoring of the PER, SA and CO. It is possible that a local authority may require a license or permit to use the MERS. Therefore, local authorities may not respond to alarm notifications or requests for assistance until all permits or licenses for use of the System have been obtained. Additionally, you understand and accept the following monitoring features of each System:
8.1 PERS MONITORING SERVICE. The PERS is designed to enable the User to send a signal to the Center when experiencing a medical emergency. When an emergency signal from the PERS is received in the Center, it will try to telephone the appropriate emergency response authority and the first person available as designated on your CIF. To avoid false alarms, the Center may use the twoway audio feature of the PERS, if provided, or first call your premise to determine if an actual emergency exists before we call any authorities or persons on your call list, or dispatch emergency personnel in response to a PERS signal. Upon receipt of a fall detection signal, the Center will attempt to use the 2way voice feature of the System, if available, or call the User to determine if the User needs assistance. If the User requests assistance, the Center will attempt to call either emergency personnel or the first person on the CIF as requested by the User. If the User does not respond to the Center’s call, the Center will attempt to call emergency personnel and the first available person on your CIF. If we have reason to believe that no actual emergency exists, we may choose not to place such call or notify emergency response personnel. SUBSCRIBER AGREES THAT
THE CENTER IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY BY THE PHONE THE
APPROPRIATE EMERGENCY AGENCY OR OTHER PERSONS NAMED IN THE SUBSCRIBER
EMERGENCY FORM. YOU UNDERSTAND THAT THE CENTER WILL NOT SEND ANY BEDFORD OR
CENTER PERSONNEL TO YOUR PREMISES IN RESPONSE TO ANY EMERGENCY SIGNAL OR
OTHERWISE PROVIDE ANY MEDICAL ASSISTANCE.
8.2 MMS MONITORING SERVICE. The MMS is designed to remind the User to take medications, and you understand that BEDFORD is not responsible for the failure to do so, whether as a result of a malfunction of the MMS or otherwise. The MMS will dispense the amount of medication at the time User has determined and programmed into the medication dispenser. You understand and agree that User are responsible for refilling the medication dispenser and/or reprogramming the medication dispenser on an ongoing basis, and that BEDFORD is not responsible for filling the medication dispenser with medications or programming it to dispense the medications, or reprogramming it based on changes in your medications and/or your medication time schedule. The medication dispenser is designed to emit an audible signal and dispense the medication(s) at the selected times. If the medication is not removed from the medication dispenser within the prescribed number of minutes, a message will be sent to the Center. Upon receipt of the message, the Center will call by telephone and attempt to notify User, and if the Center cannot contact User then it will attempt to call the first available designated contact person identified in the CIF. We will attempt to notify only User or contact person(s), and we will not notify paramedics, the fire department, ambulance services, or other emergency personnel.
8.3 MERS MONITORING SERVICE. The mobile emergency response system is designed to receive an emergency signal transmitted by the User from a location within Canada using GPS technology. When a signal is received, the Center will attempt to locate your location and use the audio feature of the System and attempt to ascertain the nature of your situation. If the User is contacted using the audio feature, the Center will notify persons on your contact list or emergency personnel based upon the verbal information provided or take such other reasonable action as may be appropriate given your circumstances. If no verbal communications can be established, then based upon the information and your instructions provided in the CIF, the Center will attempt to respond to your situation and notify the first available contact on your CIF. The Center may elect to attempt to contact you using the primary contact telephone number you have provided on your CIF. If the Center has reason to believe that an emergency condition does not exists, it may elect not to notify emergency responders but will attempt to notify the first available person identified on your CIF. If none of the contacts on your CIR can be reached, the Center will not take further action. You understand that notification and response procedures may be governed by local law where the System is positioned when activated, and the Center is obligated to adhere to the rules, regulations and restrictions governing notifications imposed by such local jurisdictions.
8.4 SA AND CO MONITORING SERVICE. The smoke alarms are designed to send an alarm signal to the Center upon sensing smoke/fire at the User’s premises. The carbon monoxide alarm is designed to send an alarm signal to the Center upon sensing the presence of carbon monoxide on the premises. When an alarm signal is received, the Center will first try to telephone User’s premises, and if there is no answer then will try to telephone the first available designated contact person identified in the CIF, to verify whether or not an emergency condition requiring the response of emergency personnel exists. If there is no answer to both of these calls or the person contacted indicates that an emergency exists, the Center will attempt to notify emergency personnel. The Center will also attempt to contact someone on the CIF to advise them that emergency personnel have been notified.
9. TRANSMISSION LINES. The PERS, CO, SA and MMS System include a communicator that sends signals to the Center over either your landline telephone service or BEDFORD’s designated cellular network. The System will not work on your cellular telephone service. The MERS System and services are supported by a cellular network, GPS satellites and over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and by cellular network carriers utilities, satellite companies communications companies, internet service providers and other third parties, all of which are beyond our control. Internet, landline telephone and cellular transmissions may be impaired by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control, and we make no representations or warranties as to how fast a signal will be received at the Center, because signal transmission speed may be adversely affected by Internet traffic or other causes beyond our control. In addition, you shall not be entitled to receive any service fee credits or refunds for services outages or interruptions beyond our sole and exclusive control. You accepts all risk arising out of or relating to the delay, failure, interruption, or corruption of the signal transmission.
9.1 LANDLINE TELEPHONE SERVICE CONNECTION. For a landline telephone service connection, you will pay for all telephone charges including any installation fee for any additional special jack, in case you choose to maintain a dedicated line to connect the System to your telephone service. We recommend the use of an RJ31X or equivalent telephone jack to give the System priority over other telephones in your premises, HOWEVER, WHEN THE SYSTEM IS ACTIVATED, YOU WILL BE UNABLE TO USE YOUR
TELEPHONE TO MAKE OTHER CALLS (SUCH AS CALLS TO THE 911 EMERGENCY OPERATOR),
AND THEREFORE, YOU MAY WISH TO HAVE THE SYSTEM CONNECTED TO A SECOND TELEPHONE LINE. If your telephone is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the Center and we will not know of the telephone service problem. The use of DSL, VoIP or other broadband telephone service may prevent the System from transmitting emergency signals to the Center after it is installed or at any time in the future, and/or interfere with the telephone lineseizure feature of the System. DSL service should be installed on a telephone number that is not used for System signal transmission. You agree to notify us if you have installed or intend to install DSL, VoIP or other broadband service. IMMEDIATELY AFTER THE INSTALLATION OF DSL, VoIP OR OTHER
BROAD BAND SERVICE YOU MUST TEST YOUR SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTER. You agree to reimburse us for any costs we may incur to reprogram the System’s communication devices because of area code changes or other dialing pattern changes.
9.2 CELLULAR SERVICE CONNECTION. Cellular transmissions may be impaired by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control. You acknowledge that the use of cellular services may be controlled by local provincial agencies and Federal Agencies and changes in rules, regulations and policies may necessitate our discontinuing such transmission facilities at our option, in which event we may be required to substitute another form of transmission service. You further acknowledge that signals are transmitted over cellular communications facilities provided by independent carriers or providers, which are wholly beyond our control and is maintained and serviced, solely by the applicable carrier or provider. You further understand and agree that cellular transmission facilities currently used may not be available in the future (e.g. the discontinuance of 3G or GSM cellular), and in such event you agree that in order to provide monitoring service, we may be required to replace or modify your existing transmission facilities. In such event, you agree to pay our standard rates and charges for the installation and use of such facilities.
10. FALSE NOTIFICATIONS OR ALARMS. You agree that each User of the System, will use it carefully so as to avoid causing false notifications or alarms. Verbally requesting emergency responders (e.g. police or fire) when no emergency exists could be a crime. If we receive too many false notifications or alarms, that will constitute a breach of contract by you, and we may cancel monitoring service. If a false alarm fine or penalty or a response fee is charged to us or you by any governmental agency, you will pay for the charge.
11. SYSTEM REPLACEMENT SERVICE. For PERS or MMS Systems during the entire term of this Agreement, and for MERS, SA or CO during the first year of this Agreement, we will replace a manufacturer defective System without charge to you. If you believe the System is not functioning properly, call the Customer Service telephone number set forth in your user’s manual. If the problem cannot be resolved by telephone, our service department will issue you an RMA (return merchandise authorization) and will ship you a new unit. You shall return the replaced unit in accordance with the return instructions provided with the new System. If you fail to return the replaced unit within ten (10) days of your receipt of the replacement System, you will be responsible for and agree to pay a replacement charge of $350.00 which you authorize us to charge to your credit card. Failure to pay the replacement charge will be a material breach of this Agreement, and in such event BEDFORD may terminate this Agreement pursuant to Section 10. For MERS, SA and CO, after the first year of this Agreement, we will replace any defective equipment (other than batteries) and you will pay our then prevailing standard equipment replacement charge in accordance with the return and replacement process described above. We may use replacement parts that differ from the manufacture and model of the original part, but will be similar in functionality. YOU ARE SOLELY,
RESPONSIBLE FOR CHANGING BATTERIES FOR THE SA AND CO DETECTIONS AND THE
REPLACEMENT OF BATTERIES FOR SUCH SYSTEMS IS NOT PROVIDED BY BEDFORD.
12. SUBSCRIBER’S DUTIES. You will instruct all other persons who may use the System on its proper use, including any User if different than you. You or the User will test the System and send test signals to the Center on a monthly basis. If the Center does not respond to the test signal, you should call the Center and confirm the status of the test. You will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will complete and give us the CIF. You will notify us in writing of any changes in the instructions, persons or telephone numbers on the CIF. You agree that we may disclose the information on the CIF to any governmental agency having jurisdiction over the use and operation of the System. CARBON MONOXIDE DETECTORS AND SMOKE ALARMS SHOULD BE
PERIODICALLY REPLACED IN ACCORDANCE WITH APPLICABLE FIRE CODE STANDARDS OR THE MANUFACTURER’S RECOMMENDATION (TYPICALLY 6 to 10 YEARS). You are solely responsible for timely replacing each detector or alarm. Upon receipt of your notice that a detector or alarm needs replacement, we sell to you and ship to you replacement detectors or alarms at our then prevailing prices which we may charge to your credit card.
13. TERMINATION, DEFAULT, REMOVAL OF SYSTEM. You acknowledge and agree that this Agreement as to PERS and MMS is a service agreement only and during the term of this Agreement the PERS and MMS Systems shall at all times remain the sole property of BEDFORD. You will not damage, encumber or dispose of the System or permit the System to be damaged, encumbered, taken from the premises or tampered with, including attempted repairs. In the event of loss or damage to the System or any part thereof, you agree to pay us the System’s reasonable replacement value. In the event this Agreement is terminated before the end of the original term for any reason, or is canceled as a result of your default and you fail to return the System in good working condition, you agree that we may charge your credit card for the value of
the System, which you agree is $350 for each standalone System. In addition, if you fail to make any payment when due we may discontinue monitoring, parts replacement service and terminate this Agreement. If service is suspended because you have failed to pay the monitoring fees set forth herein, and you ask us to reactivate the System, you will pay, in advance, our then prevailing reconnection fee which we may charge to your credit card. You authorize us to investigate your credit record, and to report your payment performance under this Agreement to credit agencies and credit reporting services. YOU
UNDERSTAND THAT THE SYSTEMS MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM
COMPANIES OR MONITORING CENTERS.
14. SUSPENSION OR CANCELLATION OF THIS AGREEMENT. You understand that we may stop or suspend monitoring and/or parts replacement service for any of the following reasons. (a) Strikes, severe weather, earthquakes or other such events beyond our control affecting the operation of the Center or so severely damaging your premises that continuing service would be impractical. (b) There is an interruption or unavailability of the telephone service or cellular service between the System and our Center. (c) You do not pay the service charge due to us, after we have given you five (5) days’ notice that we are canceling service because of nonpayment. (d) We are unable to provide service because of some action or ruling by any governmental authority. (e) You become a debtor in a bankruptcy proceeding.
15. ASSIGNEES AND SUBCONTRACTORS. We may transfer or assign this Agreement to a financial institution or any other personal emergency services provider. You may not transfer or assign this Agreement to someone else (including someone who purchases or rents your premises) unless we approve the transfer in writing. We may use subcontractors (including any independent monitoring center or MERS service provider ) to provide sales, monitoring, communications services, GPS location services and equipment replacement services, and this Agreement, and particularly Sections 17 and 18, shall apply to them and the work they perform and protect them in the same manner as it is applies to and protects us.
16. CHANGES TO THE SYSTEM. If you or any governmental agency or insurance interest wants us to change the System described herein, or change it after it is installed, you agree to pay our standard parts and labor charges for such changes.
17. BEDFORD IS NOT AN INSURER; LIMITATION OF LIABILITY. You understand that: (a) we are not an insurer of your premises, property (including vehicles) or the personal safety of persons in or about your premises or property; (b) you are solely responsible for providing any life, health or disability insurance for yourself and persons who use the System, and insurance on your premises and its contents; (c) the amount you pay to us is based only on the value of the Systems and services we provide; (d) emergency notification systems and monitoring service may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of the property that might be lost, stolen or destroyed if the Systems or our services fail to operate properly; (f) it is difficult to determine in advance the extent or severity of any personal injury that may occur if the Systems or our services fails to operate properly; (g) in case of PERS, MERS, SA or CO, it is difficult to determine in advance how fast the police or fire department or other emergency personnel would respond to a notification of an emergency; (h) in case of MMS, it is difficult to determine in advance how fast your contact person(s) will respond; and (i) it is difficult to determine in advance what portion, if any, of any property loss, personal injury or death or any other damages of any type would be proximately caused by our failure to perform, our negligence, or a failure of the Systems or services. THEREFORE YOU AGREE: Even if a court decides that BEDFORD’s breach of this Agreement, a failure of the Systems, or BEDFORD’s negligence, or a failure of the parts replacement service, or monitoring or other services caused or allowed any harm or damage (whether property damage, personal injury, death, invasion of privacy or any other damages of any kind) to you or anyone in or about your premises or property, you agree that our liability shall be limited to $1500, and this shall be your only remedy regardless of what legal theory (including without limitation, negligence, breach of contract, breach of warranty or product liability) is used to determine that we were liable for the injury or loss. Agreeing to the limitation of liability does not mean that we are an insurer.
18. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION. If anyone other than you (including any User, or any passenger in a vehicle using the MERS) asks us to pay for any harm or damages (including property damage, personal injury or death, or invasion of privacy or other damages of any kind) connected with or resulting from (i) BEDFORD’s breach of this Agreement
or a failure of the System, installation or services, (ii) our negligence, (iii) any other improper or careless activity of ours in providing the System or related services or (iv) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorneys’ fees and any other losses or costs that we may pay in connection with the harm or damages. You agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance carriers, and you agree to defend us against any such claim. You will notify your insurance carrier(s) of this release.
19. ENTIRE AGREEMENT. The entire and only agreement between you and BEDFORD with respect to the System and related services provided herein is written in this Agreement and any addenda thereto. It replaces any earlier oral or written understandings or agreements regarding the System and/or related services. It does not replace or modify any other agreement you may have with BEDFORD for security systems and/or services other than the systems and services provided hereunder. This Agreement may only be changed by a written agreement signed by you and accepted by us. If any provision of this Agreement is found to be invalid or illegal by a court, the balance of the Agreement shall remain in force. The interpretation of this Agreement shall not be construed against the preparer of the Agreement.