2007-004 CC Fire Alarm Agrmt.RESOLUTION 2007-04
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INSTALLATION AND
SERVICING AGREEMENT WITH CARPENTER SECURITY, INC. FOR FIRE
ALARM SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village wishes to enter into a contractual agreement with Carpenter Security,
Inc. to provide fire alarm installation and servicing at the North Palm Beach Country Club for a
thirty-six month period.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The Village Council hereby approves the Installation and Servicing Agreement
with Carpenter Security, Inc. for fire alarm services at the North Palm Beach Country Club, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 2. The Village Council authorizes the Mayor and Village Clerk to execute such
.... Agreement on behalf of the Village.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 1 lth DAY OF JANUARY, 2007.
(Village Seal)
ATTEST:
~ ~~~~
VILLAGE CLE
CSI:PIILM BEACN
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`~ ~ ,! Installation and Service Agreement
... ; '^
,~ - -rF` 13333 53rd Street
This agreement made this day of ~(,~, 2~ by Carpenter Security Integrators: west Palm Beach
Palm Beach, LLC (°Company` or "CSI") and (~~I_ 1-a~ E r~F` e[.1nit? r,~~` ~e"a Qr~rf/ (~.41tlt~ f ~~~ Florida 33407
Phone: 561-688-1070
(herein referred to `Subscriber" or "Client") Fax: 561-689-1252
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C NTACT INFORMATION
NAME: ~~/~~IYrF PHONE: ,S ~ ~ ~ ~ ~OCELL: ~' FAX:
SCNEDULE OF SERVICES OR EQUIPMENT ~
_ ~'vestlnent..ScPIedU~e Monthly;, one Tima Installation
(Company Owned plarchase Option
~"~ Cllf[Irt9 Equipment) (Client Owned)
Equipmen ''
Cell Back Up
Inspections .
Extend d Sefvice n ~_
Liff/$pecial Equipment -s'
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Sub-Total
Tax
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Pennil Fee ($1 0 ~1 ~.
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2%of Sub-Total ''-'`"
Total ~
Deposit (1st Month and
50 % of Install or Purchase
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Billing Cycle (choose one). uarterly ^Sami-Annual ^ Annua; ~
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Equipment 'IYansaction
Client Owned ^ Client Owned 3rd Yarty Lease ^ Company Owned ^ Other
Type of m (check all that apply)
^ Burglar Alarm Fire Alarm ^ Other
^Access control ^Gate entry ^CC'1'V ^Telephonc ^Commercial Audio /Video
--Recurring Services to be provjded (check all that apply)
antral Station Monitoring ^Openings /closings ^Runner Response ^Cellular! radio backup ^Local system "
ire alarm inspection frequency ~Maintcnanee Agreement ^ Music ^Television ^Video Monitoring -
l.Subscriber acknowledges that the system operates over standard telephone lines and that the telephone service may be imerrupted, circumvented or compromised,
in which case no signal can be transrmtted Crom the Subscribers prom)sc to the monitoring facility. Subscriber understands that to allow [he monitoring facility [o
be aware of such a condition, or to generate backup signals, that at Subscribers cost and expense. additional or alternative protection can be installed, such as line -
security or radio backup.
2. The initial term of this agreement is sixty months from the date each system is installed and ba;omes operative and thereafcr for consecutive terms of sixty months
until such time as either party upon ninetyy (90) days written notice, advises the other pa/rty o.,f~itts/intenr-t to ter~ml`inate~tfhe~~A°~g,,reement at the end of the then
current term. ~~/yj /7 {sr~~~ ~'/yC Dt/ 7`' ~,~ J~~ ~-- •,~ir //p ,P 7 - .~%`iC /'~~'i~iR/ ,r i/ ,~
3. It is understood an a to by both parties hereto that CSI:PaIm Beach is not an insurer and that insurance, if any, coverin ppersonal injury
and property loss omega on Subscriber's premises shall be obtained by the Subscriber• that amounts beang charged by CS~PaIm Beach are
not sufficient to warrant or guarantee that either no loss or damage will occur or increased loss er damage will not occur; that CSI:Palm Beach
is not assuming responsibility for any losses which may occur even d due to the CSI:PaIm Beach negligenf performance or failure to perform any
obligation under this Agreement or for any failure of system ar service.
CSI:PaIm Beach DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES EXCEPT AS SPECIFICALLY PROVIDED HEREIN INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE S1/STEM OR SERVICE WILL PROVIDE THF. PROTECTION FOR
WHICH IT IS INTENDED.
Since it is impractical and extremely difficult to fix actual damages which may arise due to the faulty opperation of the system_or failure of
services provided if, notwithstandin the above provisions, should there arise any liabillt}= on the part of (:SI:PaIm Beach such hahility shall be
limited to an amount equal to one ggait of the annual service charg~e rovided'herein or $250.00, which ever is ¢rester. This sum shall be the
complete and exclusive reinedy andhshall be paid and received as rigs dated dams es and not as a penaltyy. In the event the Subscriber wishes
to increase the amount o[ such liquidated damages, Subscriber may; as a matter otgrighti obtain from CSI:PaIm Beach a higher limit by paying
an additional amount under a graduated scale of rates relating to the higher limits of liquidated damages.
Subscriber agrees and shall indemnify and save harmless CSL•Palm Beach, its employees, agents or subcontractors, for and agains t all third party
claims, lawsuits and losses alleged to be caused by a failure of the system or service, whether due to defects in the system or any acts or failure
to act of CSI:PaIm Beach.
Subscriber for itself and'all third parties claimin~ under it releases and discharges CSI:PaIm Beach from and against any event covered by
Subscriber insurance, including deductibles and re aincd limits, as well as, loss or dagta a in excess of policy limits. It is expressly understood
and agreed that no insurance company shell have any right of subrogation against CSI ~9Im Beach.
The Subscriber acknowledges that it has received a copy of this Agreement and all of its attachments. The Subscriber acknowledges that it has read
and understood this Agreement, mcludin those sections on the reverse side of this Agreement and this constitutes the entire agreement and there
are no other verbal or written understandings that would change the Agreement.-The contract may not be changed, modified or varied except by
writing~and signed by an authorized representative of the Subscriber and CSI:PaIm Reach. The Agreement shall not become bindin g on
CSI:PaIm Beach until approved by CSI:PaIm Reach management as provided below.
Right of Cancellation (applicable only to residental consumer transactions) Subscriber may cancel this contract without penalty or obligation within three
(3) business days from signing, and receive a full refund of aII pa menu made to CSI:PaIm Beach. Subscriber may also cancel this contract if upon
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Written By: ~i7 Y F J/7 ~()/1~,~ lti .Dale 1~:~'~.f L~" ;
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APProved: Date , r ll
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Title: 1 r! ~ '~r7date: ~`
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AUTO PAY AUTNORIZATION
Option 2 -Automatic Credit Card Charge
Autopsy: Subscriber hereby authorizes
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(anm name m cne rnanaai msaacion ~nnsan
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to make recurting automatic debit withdrawals in the amount shown in
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monthly total (plus applicable taxes) at the frequency indicated. Payments --. Expiration Date - MM DD YY
will go to CSI: Palm Beach from the fallowing checking or credit card r„a,.a~~„~,)
account you have chosen: esl:Palm bead, will nofiry you or ma exact day one amount of recurring withdrawals. you understand that
Option 1 - Checking Account TranSfef al arty time, you may change your autopsy account seledion or terminate autopsy at anytime by sending
wntten change request to our office 30 days in advance of your next scheduled collection date. Changing
Bank of Financial Institution Routin Number Located on the bottom left of check
9 ( ~ Auto Pay account selection wit l require completion of a new Auto Pay form. Termination of Auto Pay will
a
not aaed the other provisions antl terms 4f this Agreement.
Account kumber (Located on me bottom ten of check)
Subscriber Signature:
(Signaare requires for enronment)
Printed Name:
Original -WHITE Office Copy -YELLOW Customer -PINK
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4 Authorization t0 Install: The Subscriber hereby authorizes CSI:PaIm Beach [o install the system during normal business hours (weekdays from Sam - Spm)
if the Subscn3er desires installation to be done at any other time, the additional costs i.e. overtime pay etc, will be paid by the Subscriber at CSI:PaIm Beach then
standard rates. Any installation charge quoted in this Agreement is based on CSI:PaIm Beach Performing the installation with its own personnel. If for any reason
this installation or any part thereof must be performed by outside contractors, said installation charge is subject to revision .
5. Decay in Installation: CSI:PaIm Beach assumes no liability for delay in installation of the system, or intemrption of service due to strikes, riots, Boods, fires,
acts of God or cause beyond the reasonable control of CSI:PaIm Beach including interruption in telephone service. CSI:PaIm Beach will not be required to supply
service to the Subscriber while interruption of service due to any such cause shall continue.
6. Limited Warranty: (a) Company hereby warrants to Subscriber alone only that all of the material Installed is agreed to be as specified and
Is In accordance with the manufacturers specifications. In the event that any part shall become defective within Ninety days (80) from the data
of the original invoice for the installation, CSI:PaIm Beach shall replace or repair any defective part without charge to the $ ubscrlber. This
warranty is not asstgnoble. (b) If Subscriber shall discover a defect to the products supplied under this agreement, Subscriber should
Immediately contact CSI;Palm Beach In wilting and fully describe the nature of fhe defect so that repair service may be rendered. (c) Except
as set forth in paragraph A CSI:PaIm Beach 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; all other warranties are sppecifically excluded. (D)
this warranty does not cover any damage to material or equipment caused by accident, vandalism, flood, water, lightning, fire, intrusion,
abuse, misuse, an act of God, any casualty, including electricity, attempted unauthorized rapalr service, modification or Impro per Installation
by anyone other than company and any other cause beyond the control of company. COMPANY SHALL NOT BE LIABLE FOR ANY GENERAL,
DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTU\L DAMAGES. Subscriber acknowledges that any affirmation
of fact or promise made by CSI:PaIm Beach shall not be deemed to create an express warranty; that CSI:PaIm Beach does not make any
representation or warranty, Including any Implied warranty or merchantablllt or fitness that the system may not be compromised, circum-
vented, or the system will Iggo all cases providge the sl naling and or detection for whyyicpph It was Inptended. That Subscriber is not rat inEEgg on
VYARRAN TEScWH CH E)~TEND BEYOND THOSE ON THEhFACE OF THE AGREEMENTnHER OIF,uOR HEREIN, and that aIIR mplRledNwaEranUesSlf any,
eoinclde with the duration of this warranty. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or
Ilmitatlon of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty lasts or the
exclusion or the Ilmitatlon of incidental or consequential damages. This warranty gives you specific legal rights and you may also have other
rights which may vary from state to state.
7. COMPANY OMlEO EQUIPMENT (00ES NOT APPLY TO EESIDENTALCONSUMEE TEANSACTIONSk CSI:PaIm Beach agrees to lease the system to fhe customer for an initial term of sixty months
From [he date of the agreement and the customer agrees to pay CSI:PaIm Beach the lease fees. After the initial term, the lease will automatically renew for
successive sixty month terms. The system will always remain the property of CSI:PaIm Beach As soon as CSI:PaIm Beach reason ably can, it agrees to repair the
system due to ordinary wear and teaz. If there is any problem with the system which is not due to ordinary wear and teaz, the Subscriber agrees to pay
CSI:PaIm Beach to repair it at CSI:PaIm Beach than current rates. At the end of the lease, the Subscriber will return the system to CSI:PaIm Beach in good wndition,
except for ordinary wear and tear. If the Subscriber fails [o do so, CSI:PaIm Beach can peacefully enter the Premise and remove the system, but CSI:PaIm Beach
has no obligation to do so.
8. Taxes And Increase In Monthly Fees: In the event that taxes applicable to the Services are levied and required to be collected by CSI, the CLIENT
agrees to pay such taxes to CSI upon requesk CSI reserves the right to increase monthy recurring service charges [o the client. In the event that cite service
fee pa able hereunder be increased by CSI by more than 10% in any one (I) yeaz period, the subscriber shall have the right, at an time within 10 days
after the date upon which written nonce of such increased service fee was mailed by CSI, to notify CSI by certified mail that the Client elects not to accept
said increased service fees. Upon receipt of such notice of election from the Client, CSI shall then have the option within thirty (30 days of ((t) cancel the
increase; (2) limit the increase to 10% or less; or (3) notify the Client of [he Client's right to terminate this Agreement by giving CSL seven (7) days written
notice by certified mail. Such termination shall not release the Client of any obligations which accrued prior to the time of such termination.
9. Equipment Tampering:The Subscriber agrees not [o tamper with, alter, adjust, add to, disturb, injure or remove or otherwise interfere with installed equipment
nor to permit the same to be done, and the Subscriber shall be responsible for the equipment during the term of this Agrcemen[ . It is further a eed that [he
equipment shall remain in the same location as installed and any removal or disturbance thereof (resulting from painting, altering or remodeling the fixtures or
any changes whatsoever) necessitating any work by way of repair, relocation or otherwise, shall be paid for by the Subscriber in accordance with standard charges
of CSI:PaIm Beach in addition to all other charges mentioned herein.
10. Monitoring ServlCa:[f central station monitoring service is provided, Subscriber agrees to furnish CSI:PaIm Beach with a list of the names, titles,
residence addresses, phone numbers and signatures of al] persons authorized to enter the premise of the Subscriber during regularly scheduled closed periods.
Subscriber agrees to famish CSI:PaIm Beach with authorized daily and holiday opening and closing schedules.
11. Subscriber Obllgations:As to Commercial Alarm systems Subscriber shall carefully and properly set the alarm system each night or at such other time as
Subscriber shall close his premise. Subscriber shall carefully and properly test the alarm system prior to each closed period and shall immediately report any
claimed inadequacy or failure of the system. As to Residential systems, it is the sole responsibility of the Subscriber to test the system periodically (at least
monthly) Any claimed inadequacy or failure of the system, or any of [he components, shall be immediately reported to CSI:PaIm Beach.
12. Alarm Dispatches: CSI:PaIm Beach, upon receipt of an alarm signal from the Subscriber's premise, shall make every reasonable effort to transmit the alarm
properly to appropriate police or fire department, or other emergency response agency designated by the Subscriber, unless there is reasonable cause to believe
that an emergency condition does not exist, In either event CSI:PaIm Heach shall make a reasonable effort to notify the Subscriber or his designated
representative by telephone, unless instructed to do otherwise by the Subscriber.
13. Telephone Line Troubles: In the case of possible telephone line trouble, CSI:PaIm Beach shall contact the telephone company and request that they
determine the location of the trouble . When the trouble has been traced to a speci[c subscriber, CSLPaIm Beach will make a reasonable effort to notify the
Subscriber or its designated representative. In the event any services or repair to the subscribers equipment become necessary CSI:PaIm Beach shall within a
reasonable time dispatch a representative to the Subscribers premise for the purpose of making the necessary services or repair.
l4. Unnecessary Alarms and Service Calls: At CSf:Palm Beach' option a fee may be charged for any false alarm or unnecessary service run created by the
Subscriber. In addition, if CSI:PaIm Beach or Subscriber are assessed any fine or penalty by the municipality as a result of a false alarm, Subscriber shall be
responsible for the full amount of charges.
15. Inspection, Test and Repair: Subscriber hereby authorizes CSI:PaIm Beach to make inspections, tests and repairs as required to test, repair and maintain the
system outlined in the schedule of services cr equipment. CSCPaIm Beach shall make repairs as soon as is reasonably possible. It is understood and agreed that CSI:PaIm
Beach obligation to inspect, test and repair the system relates solely to the system specified in this Agreement and that CSI:PaIm Beach is not obligated to test,
inspect, repair or ensure the operation of devices or systems to which CSI:PaIm Beach systems are attached.
CSI:PaIm Beach's agrees to provide repair and maintenance service during normal business hours (Monday to Friday SAM to SPM) where service is contracted.
After hours services shall be on a COD basis or by prior arrangement or agreement.
t 6. System Damage: If any part of the system is damaged by fire, water, acts of God, or any cause beyond CSI:PaIm Beach's reasonable control, any repairs or
replacement shall be paid for by the Subscriber.
17. Access to Premise: Subscriber shall permit CS1:Palm Beach access to the premises during regular business hours and a[ all other reasonable times for any reason
arising out of or in connection with CSI:PaIm Beach's rights or obligations under this Agreement.
l8. Abandonment of System: Subscriber shall permit CSI:PaIm Beach access to the premises during regular business hours, and at all other reasonable times upon
prior reasonable notice, for any reason arising out of or in connection with CS1:Palm Beach's rights or obligations under this Agreement.
19. Default ar Termination: In the event that the Subscriber breaches [he Agreement by reason of failure or refusal to pay CSI:PaIm Beach all payments as agreed
herein, or in the event the Subscriber wrongfully terminates this Agreement, Subscriber hereby agrees that CSI:PaIm Beach shall have [he right tc declaze the
entire remaining unpaid amount of monies owing hereunder immediately due and payable and Subscriber further agrees to pay same to CSI:PaIm Beach within IO
days from the date of such breach or termination, provided however that in no event shall amount paid to CSI:PaIm Beach by Subscriber exceed the maximum
permissible under law. In the event [hat Subscriber fails to perform any other provision of this Agreement required to be observed, kept or performed by
Subscriber, CS1:Palm Beach shall have the right to exercise any one or more of the following remedies a) To sue for all and rec aver all monies owing and other
payments then accrued, or thereafter accruing or thereafter declared due and payable. (b) To take possession of [he system and any or all other items of
equipment without any court order or other process of law and said taking of possession shall not constitute a waiver or release of CSI:PaIm Beach's rights to collect
the amounts owing under the Agreement. (c) To terminate the Agreement. (d) to pursue any other remedy at law or in equity. Not withstanding any said removal
or any other action which CSI:PaIm Beach may take, Subscriber shall be and remain liable for the performance of all obligations on the part of Subscriber to
perfomi under this Agreement. All such remedies are cumulative, and may be exercised concurrently or separately. Subscriber shall be liable for all fees, costs
or expenses CSi:Palm Beach may incur in connection with the enforcement of any of it's remedies herein, including without limitation, reasonable attorney fees,
collection agency fees or court costs incured by CSI:PaIm Beach This Agreement may be terminated at the option of CSI:PaIm Beach without liability or penalty
by delivering to Subscriber written notice of such termination at least ten (10) days prior to the effective date of such termination or suspension.
20. CaneEllation: This contract may be canceled without notice, at the option of CSI:PaIm Beach, in case CSI:PaIm Beach central station, connecting wires, or
equipment within the Subscriber's premises are destroyed by fire, or other catastrophe, or so substantially damaged that it is impracticable to continue service
and may likewise be canceled at the option of the Subscriber, in the event that the Subscriber "s premise are totally or substan tinily destroyed.
21. Assignment: This agreement may not be assigned by the Subscriber except upon written consent of CSI:PaIm Beach which shall be at CSI:PaIm Beach sole
option except that Subscriber can assign without consent to any entity that Subscriber controls, is controlled by with which it is under common control, or with
which it has shareholders in common. -
22. Conflicts: It is agreed by the paNies, that if any conflict between this Agreement and Subscribers purchase order, or any other document, this Agreement will
govern.
23. Assignees/Subcontractors of CSI:PaIm Beach: CSI:PaIm Beach shall have the right to assign this Agraomem to any other poison, firm of coipo~aHon
without notice to the Subscriber's and shall further have the right to subcontract any installation, monitoring, repair or other service which it may perform.
Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to CSI:PaIm Beach maximum liability, liquidated damages, and third party
indemnification inure to the benefit of, and are applicable to any assignees and or subcontractors of CSCPaIm Beach, and that [hey bind the Subscriber with
respect to said assignees and or subcontractors with the same force and effect as they bind the Subscriber to CSI:PxIm Beach.
24. No Third Party Rights: The provisions of this Agreement shall no[ entitle any party not a signatory [o [his Agreement [o any rights as a third party
beneficiary, or otherwise, it being the specific intention of the parties hereto to preclude any and all non-signatory parties from any such third party beneficiary
rights, or any other rights.
25. Notices; Limitation On Lawsuits; Jury Trial: Unless other wise indicated, all notices must be in writing. The Subscriber must bring any claim against
CSI:PaIm Beach within one (1) year after the claim arose. if the Subscriber does not, the Subscriber has no right to sue CSI:PaIm Beach and CSI:PaIm Beach has no 1~~~-
liabilityto Subscriber for [hat claim. It is crucial that the Subscriber bring any claim in a timety manner. The provisions of this Agregiment which ~a I [o any claim -
remain in effect even after this Agreement ends. CSI:PaIm Beach AND THE SUBSCRIBER BOTH WAIVE THEIR RIGHT TO A JURY TRIAL.
26. ENTIRE A('aREEMENT: All conversations nc otiations, represegtations, promises or warranties expressed or impplied aze superceded by THIS AGREEMENT,
which constitutes the entire and only agreementgfor services dgscnbcd herein. It may be modified only 6y an agreement in wn[ing, signed by an authorized
representative of each party, expressly purporting to modify this AGAEF,MENT.
Schedule of Protection Continued
10/3112006
Village of North Palm Beach Country Club
951 U.S. Highway One
North Palm Beach,FL33408
Page 2 of 2
Check and test entire system consisting of the following customer owned equipment:
1-Firelite MS-5024 Fire Alarm Control/Communicator
3-Smoke Detectors
12-Manual Pull Stations
5-Duct Smoke Detectors
9-Heat Detectors
13-Horns
8-Strobes only
Point of connection to waterflow switch
Point of connection to supervisory tamper switch
Ten hours of labor to troubleshoot existing trouble condition on customer owned equipment
Any equipment found not to be functional at the time of connecfion will be reported to the customer
and repaired on a time and material basis in addition to the charges herein.
Customer agrees to furnish at his own cost and expense the following:
Two RJ31 X phone jacks with phone lines for communication; All 110vac power; suitable outlets or direct wire
as needed for above; The above items to be to CSI: Palm Beach's specifications; which shall be and remain
the property of the Customer.
>It is mutually agreed and understood that, should the local authority having jurisdiction require changes or
additional protection, the customer agrees to pay for these changed or additions aside from the amounts
herein stated for the above installation.
>It is mutually understood and agreed that at such time that CSI: Palm Beach connects to and tests the
customer owned devices as currently installed, any devices or wiring found to be inoperative, damaged, or
defective, will be replaced at the customer's expense. Upon replacement of such devices at the customer's
expense, and the system being brought up to CSI: Palm Beach's standards of operation, the system will be
considered operational and CSI: Palm Beach warranty and maintenance agreement will become effective after
30 days of trouble-free operation.
>Carpenter Security Integrators (CSI: Palm Beach) to provide:
>24 Hour Monitoring Services
>Logging of opening/closing signals by code.
>Quarterly inspections of fire alarm transmitter, waterflows, and tampers
>Annual inspections of smoke detectors, heat detectors, and pull stations
>Runner response (if required) to be billed on a per call basis
>Full Maintenance (parts and labor warranty) on customer owned equipment
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