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HomeMy WebLinkAboutca5_051010 ~ JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Terry Logue DATE: May 10, 2010 RE: Fire Alarm Monitoring Agreement for Castle Hill HealtbfDCD - Guardian Security STATEMENT OF ISSUE: The service agreement with Guardian Security is for providing fire alarm monitoring for the Castle Hill HealthlDCD facility. ANALYSIS: Entering into the agreement will ensure that fire alarm monitoring at the Castle Hill HealthlDCD complex is performed and emergency services are contacted immediately in the event of a fire. This will minimi7.e the potential property loss to the County in the event of a fire. . FISCAL IMPACT: Cost is within the current Facilities Management Budget. Total annual cost is $863.38 RECOMMENDATION: Approve and authorize the Board of County Commissioner Chairman to sign the Guardian Security Service Agreement for the Castle Hill HealthlDCD facility. $/0 Date ~ .., .. ."__.fA. S.CflllnY LIF~ AND PROPERTY PROTSCTION 89435 Provost Road. 1204 SiIVerdafe. WA ea383 o 1501 Kentucky Street Bellingham. WA eaaa Job, 01743 rrr&1Avenue So. Seattle. WA 98134 SYSTEM PURCHASE AND SERVICE AGREEMENT =MER DepL of Central Services Jefferson County (Health DeDt) [] :=s PO Box 1220 CITY PT. Townsend STATE WA a ~=~ON61S SheridanST CITY PT.Townsend STATB WA :NO.360-385-9378 SITEPHONB 1. SYSTEM PURCHASE PRICE AND INST ALLA nON CHARGE. If Customer purchases the System (as described below in Section 3) the totaI'purchase price for the System. including installation is $ 0 plus sales tax of S 0 CUstomer has paid $ 0 in advance. receipt of which is l1ereby acknowledged. leaving an unpaid balance of S. 0 CUstomer agrees that said unpaid balance shall be paid in full within 0 days following installation of the System. Customer hereby grants to Guardian Security Systems, Inc., 8 security interest in the System to secure faithful performanee of all Customer obligations hereunder. Metbod:of Payment: [JVisa CMastercard CAMX CAUTO DEBIT CChec:k' _ Card' DATE 4/13/10 ZIP 98368 ZIP 98368 Name of Card Holder ExpilationDate 2. SYSTEM LEASE -INSTALLATION AND RENTAL CHARGE: If Customer leases the Sysrem.lessee agrees to pay installation and rental charges as follows: (8) InstaIJation Charge and DownpaymeDt. Lessee agrees upon installation of the System to pay an installation. charge of S WSST .$47.38 (b) III MonthiyO Quarterly If rent is to be paid moftthly I quarterly. lessee agrees to pay monthly I quarterly I rental payments of' S 68.00 for a period of 12 months. The monthly I quarterl)~ I lease payment includes. monitoring if applicable. The first month's rcntOT pro rata portion thereof. if the S)'StCm is notinslalled on the first day of the month. shall be paid upon installation of the System. Thereafter. monIhl)' Iquarterl)' lrental paymentssball be due and payable on the tenth day of the month next preceding the month for which such payment is made. All monitoring charges if included in Lease payment shall be subject to terms and amditiODS in paragraph S. 3. DESCRIP110N OP SYSTEM: Installation of AES Intellinet Radio communication device and comoonents. Central station monitorina is included .in the monthly lease payment If customer cancels lease or monitoring Guardian Security wlll retain ownership of equipment and remove from site. at the customers expense. Pire alann Monitoring with signal strength reports maUedout on quartedy.basis: Permits lobe billed separately. (A) CUSTOMER will supply uninterupted IIOv electrical outlet necessary for the operation of die System. (8) CUSTOMER is responsible to provide appropriate teJephon~ jack connections. (C) CUSTOMER shall pay for all related permit fees and costs. (D) CUSTOMER is responsible for aU. applicable taxes. (E) AU false alarm f~s are customer responsibility. I I 4. LIQ1JlI)ATED DAMAGES: IT IS AGREED BETWEEN CUSTOMER AND GUARDIAN THAT GUARDIAN IS NOT AN INSURER AND THE SYSTEM AND SERVICBS ARE NOT INTENDIID AS A SUBSTITUTE FOR ADEQUATE INSURANCE. CUSTOMER UNDERSTANDS AND AGREES THAT TUB SYSTEM AND THE SERVICES (AND THE TRANSMl'l'TER, IF APPLICABLE) ARE INTBNDED ONLY TO PROVIDE W ARNlNGIN CASE OF FIRE. IN OR ABOUT. OR ENTRY INTO THE PREMISES AND NOTTOPRBVENT THE SAME AND THAT UNDER NO CIRCUMSTANCES SHALL GUARDIAN BE LIABLE FOR ANY LOSSBS AS PROVIDED HERBIN. and because it is impnx:ticaJ and extreme1)' diffu...u.lt to fix the actual damages in suc:h event. GuanJian'sliabilityltereunder shall be limited to the sum of S 250.00 as liquidated damages, and not as 8 penalty. GUARDIAN SHALL NoT BB LIABLE FOR ANY OTHER DAMAQES.INCLUD~G WITHOUT UMITATlON, DIRECT. INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OP ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS OR PERSONAL INJURY OR DEATH IN CONNeCTION 'WITH OR ARISING OUT OF THBBXISTENCE. PURNfSHlNO. FUNCTIONING OR USE Of THE SYSTEM AND THE SERVICES. CUSTOMER AGREES'TO DEFEND. INDEMNIFY AND SAVE GUARDIAN HARMLESS IN RESPECf Of ANY INJURY. DAMAGE OR CLAIM TO PERSONS OR PROPERTY. THAT MAY ARISE THROUGH THE OPERATION OR MAINTENANCE OF THE SYSTEM OR LACK OR FAILURE THEREOF. Customer has read and understands this pamgmph lUldagrees to its tenDS. (Customers Initials). S. ~ STATION MONITORING: Customer shall pay $ Included in lease per month (payable. 0 Monthly C Quatterly II.Alm11aIIY in advance) for . central ~n monitoring services by Guardian. The Customer agrees to maintain the Service in effect and paid as above agreed for a miDim1.Jmof..L.- (!mLJ years fminthe date said System is installed and for successive one year periods thereafter on the same tenns and conditioDJ as hereiawntained until cancellation thereof at any time by Guardian or upon ninety (90) days written notice by Customer prior to the end of the initial contract. Customer shall be liable for and pay toGuardiaD any excise. sales or other taXa which may be imposed upon the Company or the Customer because of the existence of this Agreement and the canying om oftbeprovi.. dons hereof. Upon CClKeUalion, Customer authorizes Guanfian to access and reprogram the telephone digital commUDicatorto cease all signals and remove the account system number from the panel logic. 6. ALARM RESPONSE. Customer shall select one of the t\Vo options as oudined below for alarm ~ by the customer'sselectec1pub1ic law enforcement agencY, or private security patrol ("The Services-). Cu$lOmer shall be liable fef and pay to Guardian because of the existence of this ~Dt and the carrying out of Provisions hereof. includiDS any fees or charges imposed upon Guardian for any false alarms. ordianance fees, registration. fees andaddftional.fees as outlined below. for alann reponse by the c:ustomer's,selec:ted public law enforcement agcm:y. or pR,'ate m:urity patrol ('7be Ser\-i4.-esIl). including reasonable administrative 4-'OSti. Customer elects to have Guardian c:oatut: (dJeek one) MuSt Sel~ ~ Qptinn' Option ODe: Private patrol service $ NI A per response 0 OpdonT\Yo: Police response S N/A per response 0 7. Customcr\ 1IIIdCrstands dW traditional methods or monitorina udliziDg telepltonc lines for signal processing aresubjcct to failure. &1 Jbe event of diSCODllocted or SOev- ered connectivity lines Guardian Security Systems offers back up C Radio C CellularmonitoriDg for aainstallationfee ofS ~ plus tax ami additional S ~ per month added to regular monitoring fees and biDing cycle as stated above in paragraph S. CustOmer waives cellular signalserviccs as stated above. (Customers sJaoann) ~ AtlDGIl'URVI" IS NOT BINDING UNLESS APPIlOVED IN WIlI'l'INO BY AN AUTIiORIZED REPRESENTATlVEOFmB COMPANY. TERMS ANl)CONDmONs ON TIfE RiM!ltSBARSAN INTEGRAL PAllTOF THIS AGREEMENT AND ARB IN1'EORA1'ED HEREIN BYTHIS REFERENCE. Customer. D~ ~W_ ~ ~ ~~ e- ~1~ Tide: . B~Maaager .. 41lr t By: Title: Dale: Copy Received: ~~), Seeterma" OOftditlonson rewrse e1de. ~ ~ t:<;) ---.... -----..... '" ::" "1' :j-- * ~ ------- '0 ---..... E In ~ o .... 00 ~ ~ (I) o ~ ~ ('1, i """... ~.~ - ~ 8. LIMITED WARRANTY: REMEDY. Guardian hereby warrants to Customer that the System (and the transmitter described in paragraph 3. if applicable), when delivered to Buyer and installed by Guardian, will be in good wotking order ready for use for a period of ooc(l) year foUowing.iBstaUatIon(1he .WattaIltyPeriodR). If any cofnponent of the System (or the transmitter) is not as warranted upon delivery or thereafter during the Warranty Petiod, 1ben.8I any time durin,. the Wan:anty Perkld. Quyer may notify Guardian describing tbe operating defWiencies. WilfUn ten da)'S following reecipt of such notice (or a reasonabJeextension if ci~ _ire).u~. shalL at its sole election. adjust. repair. modify or .replace the System os. required t() satisfy this wammty. or reftmd the actual pul'dJase.prlce of the System less reasonable depreciation. This warranty does not et)\'er malfunctions or operating deficiencies resulting from misuse or abuse of the S)'Stemnor from repair or modifi_on porfoJmed or attempted b)' Customer or others. DOf does this warranty (.'O\'er losses due to fire. theft. personal injury. death or otber\Vise~ THE FOREGOING WARRANTY IS IN UEV OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND SHALL REMAIN IN EFFECT FOR A PERIOD OF ONE YEAR FOLLOWING THE DATE Of INSTALLATION OF THE SYSTEM. THIS WARRANTY SHALL TERMINATE ONE YEAR FOLLOWING THE DATI! OF INSTAlLATION. THE REMEDY PROVIDED FOR HERBIN IS THE SOLE AND EXCLUSIVE RBMEDY FOR BREACH OF THIS WARRANTY. CUSTOMBll HAS READ AND UNDERSTANDS nus WARRANTY AND THE REMBDY PROVIDED HERBIN FOR ITS BREACH. EXCEPT AS EXPRESS- LY SET ~ImI ABOVE, GUARDIAN DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLmb,lNCLUl>lNO IMPLlBD wARRANTIBS OF MBRCHANT- ABILITY AND PlTNESSFOR A PARTICULAR. AND ALL SUCH WARRANTIES ARB exCLUDED FROM THIS AGREEMHNL 9. INSTAL~ON.Guardian agrees to install the System on Customer's premises within a reasonable period after the m:teptance. of Ibis Apment by. Guardian's home office. Guardian agrees to use ~ to a,roid banD or damage to the premises while installing 8ftY equipment referred to herein or in maintaining the same. 10. DEPAU~T. REMEDIES. TIme is of the essence in ccmnection with payments due under this Agreement. 10 tbeevent the Customer is in def8l$ inthc payment of any amo~1S due UDder this agreement. Guardian may terminate this agreement forthwith without notiee to Customct and retake possession of the System and/or the ~ where the default is emly in respect of lease or pUR:hase payments thereon. wherever the same may be located, witboulany court order orfurtberprocess of law;. ~ as liquidated damages all amounts previously received from Customer. sue for and recover all unpaid amounts due hereunder. and pursue and exer- cise any C)ther remedy available to CustOmer allaw orin equity. AU remedies me .:umulativcand may bcexcrcised QlIlCUD'Cntly or separately. Customer agrees to payGuar<tian aU ~ and expenses. including all reasonable atlOme}"S' fees. incurred by Guardian in pursWngar exercising any of its rights or remedies hereunder. Interest on unpaid amounts Shall be charged at the rate of 1 112% per month or the highest rate allowed by law. whichever is loss. 11. NOTICES. Customer agrees that any notice or other communication between the parties hereto will be sent to the mailing address of the parties stated herein. 12 POWBROF A1TORNEY. Customer bereh)' appoints Guardian its attorney-in-fact for tho purpose of exeouting on Customer's behalf an)' and aU forms required for the perfection of company's security interest provided lar herein under the provisiCllS of the Uniform Commercial Code as enacted in the State of Washington. including but not limited to any UCC-I financing statements. 13. FORCE MAJEURE. Guardian ,,'i11 not be liable for any damages ~ b)' delay in furnishing or failure to furnish equipment orseJ'\'ices due to fire. ftood. strike. latkoot. dispute with workmen. inability to obtain material. war. ad of God. or any other cause beyomI Guanlian's reasonable control. 14. OOVERNlNG LAW; VENUE. This Agreement shaD be <:onstrued under and governed by the laws of Washington. including the Uniform Commercial Code. The parties hereto submit to.the jurisdiction of any federal or state court sitting in Seattle. King County. Washington. in any actiOll or proceeding brought to enforce or otherwise arising out of or relating.to this Agreement. IS. SEV8R~1LITr. If any provisionoftbis Agreement, or the application tIlereof to an, person or cimJmSlallCe,shall bebtld by ac;ourt ()fcontpeteD1 jUrisdictiOD to be iavalid. unenforceable, or void. the remainder of Ibis Agreement and such provisions as applied 10 other persons and circumstances shall remain in fuUforce and effect. 16. NO SETOFFS AND COUNTERCLAIMS. Amounts due or to beam1e due under 1bis Agreement sba1l not subject to deduction by Customer for any setoff. reco~nt or counterclaim arising out of this or any other agreement between Ouardian and Customer. 17. ASSIGNMENT. Buyer shall not assign this Asreement or any part hereof without the prior written consent of Guardian. 18. COURS~OF DBALlNG. II is agreed thai no evidence of prior course ofdealiog or usage oflrade shall be admissible to modify or contradict the terms of the A~ 19. ASSIGNMENT. Guardian shall ha'"e the right to assip this Agreemenl to any other person. firm. or corporation without notice to the subsaiber. amlsballbave the further right to subconlmct services which it may peJform. 20. DELlQUBNCY; RECONNECT CHARGES: In the event any payD1ent due is more than ten (10) days delinquent, Guardian may impose and coUeet a4elinquency .:lwge of one.and one half (I 112%) percent per month (18% per annum) of the amount of the delinquency. If the monitoring service is 4eactivated because of Su~ saiber'spast due balance and if Subscriber desiJeS to ba\'C the sen'ice reacti"'ated. Subscriber agrees to pay in advance to Guardian its pre\'ailinsreacti\ration charge. i 21. ENTIRE ~GREEMENT. This Agl'CCmeDl embodies the entire agreement between Customer and quardian and may be waived. amended or supplemented only in writing e~ecuted jointly by Customer and Guardian. h is the responsibility of the Customer to carefuDy and thorouplytesl the Alarm System during the termoftbis Agreemen~ to insure that all alarm system functions work properly and dial all alarm signals are ac<:uratelyrcccived aI Central Alarm Station. It is the responsibility of the a1Stomer to immediately report any de&iencies to Guardian Seeurit). S)'S1emS and to make ammgements for repairs. 22 INCREASE IN TAXES. UTILITY CHARGES OR MONTHLY SERVICES: Subscriber acknowledges that all charges set forth beteiD are based upon existing federal. state and local taxes. fees and utility charges. including telephone company line charges. if any. Company shall have the rigbt.at anytime, to increase the c~ provided herein. to reft~ any significant increases in existinS a' any addiliomd fa.~es. fees or d1arges wbicbhcreaner maybeitliposed em Company: by any utilicy or ~overttmental agency ~Iating to the servicefs) provided under the terms of this Agreement. and Subscriber agrees to pay the same. Company sllaU have the rilbt~ increase or decrease the monthly charge provided forberin at anytime after expiration of one year. CUSTOMER UNDERSTANDS THAT; (a) THBALARMSYSTEM SHALL CONSIST ONLY OPTHE EQUIPMENT DESCRIBED ABOVB INDICATED; (b) GU~DIAN SECURITY SYSTEMS HAS DESCRIBED THE PULL RANGB OF PRODUCTS AND SERVICES AVAILABLBTO CUSTOMBll;(C) .11fE BUROLA~ALARM SYSTEM IS DESIGNED TO DBTECT ENTRY OR INTRUSION ONLYTHROUOHTHOSBOPENINOS ANDIORAREAS.cOvatED BY THB SYSTEM. (Buyer's Initials). Emergency Notification List . . . e GUAIIDIAN S_ell"frY LIFE AND PROPERTY PROTECTION III New 0 Upgrade 0 New o Take Over: I Job # Subscriber Address Formerly Name System ID Number Jefferson . County Health Department ,,,.:,..,..: ,<' Address Telephone Number 61SSlteridan Street ( ) City · C()unty - State - , 98368 All. Number At Same Location Port Townsend A ( ) Type of Facility ~ CJ Residential II Commercial (Description): Office Type ofControJ Panel.. EST Quickstart Type of Communlcato" AES Transmitter ID. [] Burglary o Panic [J Medical Emergency IJ Other ......... (J Hol~~up ID Fire [J Process Supervision CI Elevator II Emef:gencY'Monitorlng & Notification III Daily Test CI Patrol Response o logged Open/Closed D Weekly Test CBack up Service .... .Ll ole logging with 10 [J Monthly Test [J Cellular , [] Scheduled ole with Individual 10 o Key Service III Radio ":.." o Network Monitoring C Police Response CJ Password .'i- ... [] Online Internet Viewing Reports < ......".0:.. Quarterly signal strength reports AI) Co rrespondence Should Be Sent To The Attention Of: tI At Address ShoYinAbove Addres s (If Not Above Address) Sp eclal Ins true- tlo ns I Please indicate order of notification. Then list 1,2.3, etc. for order of notification. Attempts win be made to reach persons in order indicated. Please list area codes'with all phone numbers. Order Persons To Be Contacted on Alarms C:Passw~ Residence Office Pager Cell Telephone No. Telephone No. 1 2 3 4 5 6 7 8 It is the responsibility of the customer to notify Guardian Security SyStems in the event'of any changes made to the . Emergency Notification List. and to test the system. It is also the resPf?nsibUity of the customer to train all individuals on the correct alarm system procudures in an alarm. event. Subscribers Signature Print Name ~ 1. Under this Agreement, the Company, on receipt of an alarm signal from the premises shall endeavor to notify the approprialeresponsible law endorsement authority. The Subscriber agrees to give the Company the names and signatures of all persons who shall have the right to enter the premises between the · regularly scheduled times for closing and opening of the premises and who may be called upon for a key to enter the : premises of the Subscriber during such periods. Subscriber agrees to keep names up to date. 2. This Subscriber hereby agrees that the Company shall have the right to increase or decrease the monthly charge provided for herein at any time after expiration of one year from the date such system is operative under the Agreement upon giving the Subscriber written notice sixty (60) days In advance of the effective date of such increase or decrease, and if the Subscriber is unwilling to pay any such increased charge, the Subscriber may cancel the then expired term of this Agreement by notifying the Company in writing thirty (30) days prior to the otherwise effective date of any such increase. With respect to the digital communicator and to all equipment under lease, the Subscriber agrees to pay for equipment removal at standard rates~ The Subscriber's cancellation option as set forth herein shall not apply to increases in charges made as a result of increases in leased line charges to the Company as a result of Public Utility Commission - approved rate increase granted to the telephone company, . so long as such increases to the Subscriber shall be the net amount of the applicable rate increases aforementioned. 3. Errors or omissions in construction or installation of the systems, including but not limited to failure to wire points of protection, must be called to the attention of the Company by Subscriber In writing within (10) days of completion of installation. Upon the expiration of said ten (10) days, the installation and the protection provided shall be deemed accepted by Subscriber. The Subscriber agrees to. pay the Company thereafter for increases in protection or modification of the system at standard rates. Service is provided between 9:00 A.M. and 4:00 P.M. weekdays. The Subscriber sh~11 permit the Company access to premises during business hours and at all other reasonable times for any reason arising out of or in connection with: the Company's rights or obligations under this Agreement. The Subscriber shall exercise due care to prevent false alarms and pay all fines and summon resulting therefrom. The Subscriber is responsible for frequent te~s of.the electronic protective system. 4. The Subscriber expressly covenants and agrees not to tamper with. disturb, injure or remove or otherwise interfere with said apparatus nor to permit the same to 'be done. It is further agreed that the apparatus 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 or repairs, relocation or otherwise on said apparatus, or if any Inspection Bureau having jurisdiction shall require any changes, shall. be paid for by the Subscriber in accordance with standard charges of the Company in addition to all other charges mentioned herein. 5. The Company is hereby authorized to make any preparations such as drilling holes, driving nails. making attachments or doing any other things necessary or pertinent to the installation and maintenance of the electronic protectio.n apparatus and the COmpany shall not be responsible for any condition of the premises created thereby during the installation, maintenance or removal of the equipment or apparatus and the Subscriber warrants that it. has full authority from the owner and/or any other persons in control of the premises to permit the installation of the apparatus under all conditions hereinabove mentioned. 6. In the event any ofi the terms or provision of this Agreement shall be invalid or inoperative. all of the remaining terms and. provisions shall remain in full force and effect. 7. Where any device or protection is supplied, including but not limited to space protection, which is affected by turbulence of air or other disturbing conditions, Subscriber agrees to turn off or remove all things, animate or inanimate, including but not limited to all forced air heaters, air conditioners, animated display signs. animals covering of chemical vats and any other source of air turbulence or movement which'may interfere with the effectiveness of the system during closed periods while alarm system is on. In the event of a power failure or other interruption, at Subscriber's premises, Subscriber shall immediately. notify the. Company. 8. The Company upon receipt of an alarm signal from the premises of the Subscriber, shall, without incurring any liability for tallureto do so except that. provided in paragraph 1, make every reasonable effort to do the following. A. Upon receipt of burglar alarm signal, transmit the alarm to the headquarters of the local police authority and make a reasonable effort to notify the Subscriber or his designated agent by calling the telephone number supplied to the Company in. writing by Subscriber. B. Upon receipt of hold-up alarm signal, transmit the alarm to the public police department. C. Upon receipt ofa sprinkler signal. waterflow signal. manual or automatic fire alarm signal. transmit the alarm to the public fire department and make reasonable effort to notify the Subscriber or his designated representative by calling the telephone number supplied to the Company in writing by Subscriber. D. Upon receipt ora monitor signal, make a reasonable effort to notify Subscriber or his designated representative by calling the telephone number supplied. to the Company in writing by Subscriber, is requested by Subscriber. Paragraph 12 does not apply to local alarm systems. 9. This Agreement may be cancelled without prior notice, at the option of the Company, in case its central station, connecting wires or equipment within the Subscriber's premises are damaged or destroyed by fire or other catastrophe so substantially.that it is impractical to continue service, and may likewise be cancelled by the Subscriber in the event that the Subscriber's premises are so destroyed or damaged. 10. The Company assumes no liability for delay in installation of the equipment because of work schedules or for interruption of service due to strikes, riots. floods. fire, act of God or any other cause and shall not be required to supply service to the Subscriber while interruption of service due to any such cause shall continue. Subscriber recognizes that electronic systems are delicate by nature and require care. and service if a proper electronic signal. is to. be dispatched. to the central station. The Subscriber is responsible for frequent tests of the. electronic protective system. 11. The Company shalt not be liable for loss or damage caused by delay, interruption, stoppage in constructioo or maintenance from causes beyond its control and same shall not relieve payments on behalf ot Subscriber for term. ' 12. It is.further understood and agreed that the Company may remove or abandon said.system in whole orin part, .uponterminationofthis Agr~ment by lapse of time in the case of lease, default of any monies due hereunder. or otherwise without any obligation to repair or redecorate any portion of the protected premises, that such removal or abandonment shall not be held to constitute a waiver of the right of the Company to collect any charges which have accrued or may accrue hereunder. 13. The Company shall have the right to assign this Agreement to any other person, firm or corporation without any notice to the Subscriber, andshaU have the further right to subcontract any services it may perform. 14. THIS AGREEMENT is notbinding unless approved in writing by an authorized officerofthecompany.lnthe aventoffaUureofapproval, as aforesaid, the only liability of the Company shall be to return to the Subscriber the amount; if any, paid to the Company upon the signing of this agreement. ' 15. Company has the right to use the Subscriber's name for his Promotion and Advertising purposes without the written consent of the Subscriber. 16. You may cancel any purChases made under this Agreement if such purchases took place other that at the companies business address which notice shall be posted not later than the third day (excluding Sundays and holidays) following your signing of this contract. .If you choose to cancel this purchase, . you must return or make available to Company at the place of delivery any merchandise in its original condition. received by you. under this Agreemept. 17. This agreement supersedes any other prior agreement or riders thereto. .. . .. ' 18.ltisunderstoodanc:isgreed by: and between the parties hereto, that if there is any conflict between this:contraetand Subscriber's purchase order, or any other document. this contract will govem, whether such purchase order or other document is prior or subsequent lothls Agreement. I SUbscrlbeJlnlttabl '~