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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 HiU Public Works-
Guardian Security
STATEMENT OF ISSUE:
The service agreement with Guardian Security is for providing fire alarm monitoring for the
Castle Hill Public Works facility.
ANALYSIS:
Entering into the agreement will ensure that fire alarm monitoring at the Castle Hill Public
Works complex is performed and emergency services are contacted immediately in the event
of a fire. This will minimize 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 Public Works facility.
REVIEWED BY:
s-kto
Date
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allIUlDIA.. _lIe"8nY
LIFE ANOPAOPERTV PROTECTION
119435 Provost Road. 1204
Silverdale. WA 98383
o 1501 Kentucky S1reet
Bellingham. WA 98229
01743 FII'StAvenue So.
Seattle, WA98134
Job'
SYSTEM PURCHASE AND SERVICE AGREEMENT
~=MER Dept. of Central Services Jefferson County ( Public Works)
o :s PO Box 1220 CITY PT. Townsend STATE W A
o ~~~:roN623 Sheridan ST CITY PT.Townsend STATE WA
~~NO. 360-385-9378 SlTEPHONE
1. SYSTEM PURCHASB PRICE AND INST ALLA nON CHARGE. If Customer purchases the System (as described bclowin Section 3) the total purchase price for
the System. including inst&Uation is $ 0 plussaJes tax of $ 0
Customer has paid $ 0 in advance. receipt of which is hereby acknowledg~ leaving an unpaid balance of $ 0
Customer agrees that said unpaid balance shall be paid in full within 0 days following instaUation of the System. Customer hereby grants
to Guardian Security Systems. Inc.. a security inleJ'eSt in the System to secure faithful performance of aU Customer obligations hereunder.
Method of Payment: DVisa CJMastercard CAMX [JAUTO DEBIT DCheck' _ Card /I
DAm 4/13/10
ZIP 98368
ZJP98368
Name of Card Holder Expiration Dare
2. SYSTEM LEASE -INSTALLATION AND RENTAL CHARGE: If Customer leases the System. lessee agrees to pay installation and rental charges as follows:
(a) Installation Charge and DownpaymenL Lessee agrees upon installation of the System to pay an instaUationcharge of $ WSST $47.38
(b) iii Monthly 0 Quanerly If rent is to be paid monthly 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 quarterly I lease payment includes monitoring if applicable. The first month's rent or pro rata
portion ;tbereof. if the S)'Stem is not insraUed on the first day or the month. shall be paid upon installation ot' the System. Thereafter. monthly Iquarterl). lrental
payments shall be due and payable on the tenth day of the month next preceding the .ponth for which such payment is made. All monitoring cbarges, if included
in Lease payment sball be subject to terms and conditions in paragraph S. .
3. DESCRIPTION OF SYSTEM:
Installation of AES Intellinet Radio communication device and comoonents. Central station monitorial{ .is
included in.the monthly lease payment If customer cancels lease or monitoring Guardian Security will retain ownership of equipment
and remove from site at the customers expense. Fire alarm Monitoring with signal strength reports mailed out on quarterly basis.
Pennits to billed separately.
(A) CUST9MER will supply uninterupted IIOv electrical outlet necessary for the operation of the System. (B) CUSTOMER is responsible to provide appropriate
telephone jack connections. (C) CUSTOMER shall pay for all related permit fees and costs. (D) CUSTOMER is responsible for all applicable taxes. (E) All false
alarm fees are customer responsibility.
4. LIQUIDATED DAMAGES: IT IS AGREED BETWEEN CUSTOMER AND GUARDIAN THAT GUARDIAN IS NOT AN INSURER AND THE SYSTEM AND
SB~VICES ARB NOT INTBNDEDAS A SUBSTITUTE FOR ADEQUATE INSURANCE. CUSTOMER UNDERSTANDS AND AGREES THAT THE SYSTEM
AND THE SERVICBS (AND THE TRANSMl'lTER. IF APPUCABLB) ARE INTENDED ONLY TO PROVIDE WARNING IN CASE OP PlRE.IN OR ABOUT.
OR ENTRY INTO THE PREMISES AND NOT TO PRBVBNTTHE SAME AND THAT UNDER NO CIRCUMSTANCES SHALL GUARi)1AN BB LlABLBFOR
ANY LOSSES AS PROVIDED HERBIN. and because it is impmc:tical and eJttremel)' diffi&......t to fix the actual damages in lna:h en'ent, Guardian's liability hereunder
shall be limited to the sumofS 2SO.00 as liquidated damages. and BOlas a penalty. GUARDIAN sHALL NOT BE LIABLE FOR ANY OTHER
DAMAGES,lNCLUDlNG WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED
TO LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS OR PERSONAL INJURY OR DEATH IN CONNECTION WITH OR ARISING OUT
OF THE IOOSTENCB. FURNISHING. FUNCTIONING OR USB Of THE SYSTEM AND THE SERVICES. CUSTOMER AGREES TO DEFEND. INDEMNIFY
AND SA VB GUARDIAN HARMLESS IN RBSPBCfOP ANY INJURY, DAMAGE OR CLAIM TO PERSONS OR PROPERTY~THATMA Y ARISE THROUGH
THE OPERATION OR MAINTENANCE OF THE SYSTEM OR LACK OR FAILURE THEREOF. Customer has read and understands this paragraph and agrees to
> its terms. (Customers Initials).
S. CENTRAL STA nON MONITORING: Customer sltall pay $ lncluded in lease per month (payable O.Monthly [] Quarterly iJ Annually in advance) for
central station monitoring services by Guardian. The Customer agrees to maintain the Service in effect and paid as above agreed for a minimum of L-( one )
years from the date said System is installed and for successive one year periods thereafter on the same terms and conditions as herein COIltained 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. Cus~lJler shaD be liable for and pay to Guardian
any excise. sales or other taxes which may be imposed upon the Company or the Customer because of the existenee of this Agreement and the carrying out of the provi-
sions hereof. Upon cancellation, Customer authorizes Ouardian to access and reprogram the telephone digital communicator to cease all signals and remove the account
system number from the panel logic.
6. ALARM REsPONSB.. Customer shall select one of the two options as ouUined below for aIann response by the customer's selected public law enforcement agency. or
private security patrol ("The Services"). Customer shaD be liable for and pay to Guardian because of the existence of this agreement and the cauying out of provisions
hereof. including any fees or charges imposed UPOD Guardian for any false alarms, ordianance fees. registration fees and additional fees as outlined below foralann
reponse by the customer's selected public law enforcement agency, or private scc.:urity patrol (eThe Ben'ices"). including reasonable administrative '-"OSts. Customer
elects to haveOuardian contact: (cheek. one)
MuAtSel~ One Qptinn'
Option ~: Private patrol service
Option Two: Police response
$N/A
$ N/A
per response [J
per response 0
7. Customer understands that traditional methods of monitoriDg utilizing telephone lines for signal processing are subject to failure. In the event of disconnected or sev-
ered connectivity lines Guardian Security Systems offers back up [J Radio [] Cellular monitoring for an installation fee of $ ~ plus taX and additional
$ ~ permontb added to regular monitoring fees and billing cycle as stated above in paragraph S. Customer waives cellular signal services as.stated above.
(Customers SfsD8IUre)
THJ!t AnDRRM1=:NT IS NOT BlNDU\'O UNLESS APPROVED IN WRITING BY AN AUTHORIZED
REPRESENTATIVE Of THE COMPANY.
TERMS AND CONDITIONS ON THE RBVERSEAR2 AN INTEORAL PART OF
THIS AORBEMENT ANDAllB INTEORATED HEREIN BYTHlSREFERENCB.
Customer:
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Tdle:B~h Manager
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By:
Title:
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Copy Received:
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8. LIMlTBD WARRANTY: REMBD~ Guardian hereby wammIS to Customer that the System (and the transmitter described in paragraph 3 if applicable), when
delivered to "uyer and installed by GuardiaD. will be in good working order ready for use for 8 period of one (1) year following inStaUatiOD (the .WarrantyPeriodq).
If any component of the System (or the transmitter) is not as warranted upon delivery or thereafter eluring the Warranty Period. then at any time during the Warranty
Period. Buyer may notify Guardian describing the operating deficiencies. Within ten da)"S following receipt of such notic:e (or a reasonable exaension if circurnstam:es
require) Guardian. shall, at its sole election, adjust. repair, modify or replace the System u required to satisfy this warranty. or refund the actual purcbase price of
the System less reasonable depreciation. This warranty does not a)\'er malfunctions or operating deficiencies resulting from misuse or abuse of the S)'&1em nor from
repair or modification performed or attempted by Customer or others, nor does this W8mll\ty CC)\'er losses due to fire. theft. personal injury. death or otherwise. THE
PORSOOING WARRANTY IS IN LIEU OF ALLOTHERBXPRESS OR lMPLIBD WARRANTIBSAND SHALL REMAIN IN BPfECT FOR A PBRlOD OP
ONE YEAR FOLLOWING THE DATE OF INSTALLATION OPTHE SYSTEM. THIS WARRANTY SHALL TERMINATE ONE YEAR FOLLOWING THB
DATE OP INSTALLATION. THE REMEDY PROVIDED FOR HEREIN IS THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OPTHlS WARRANTY.
CUSTOMER HAS READ AND UNDERSTANDS THIS WARRANTY AND THE REMEDY PROVIDED HEREIN FOR ITS BREACH. EXCEPT AS IDQ'RESS-
LV SET FORTH ABOVE, GUARDIAN DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIBD, INCLUDINGIMPUBD WARRANTIBS OF MERCHANT-
ABILITY AND fITNESS FOR A PARTICULAR, AND ALL SUCH WARRANTIBS ARE EXCLUDED FROM THIS AGREEMENT.
9. INSTALLAT~ON.Guardian agrees to install the System on Customer's premises within a reasonable period after the acceptance of this Agreement by Ouarc.lian's
home office. Guardian agrees to use care to a,,'oid harm or damage to the premises while installing any equipment n:ferred to herein or in maintaining the same.
10. DEFAULT, REMEDIES. Tune is of the essence in c:onnectioD with payments due under this Agreement. In the event the Customer is in default in the payment of
any amounts due UDder this agreement, Guardian may terminate this agreement forthwith without notice to Customer and retake possession of the System and/or the
transmitter where the default is only in respect of lease or purchase payments thereon, wherever the same may be located. without any court order or further process
of law; retai~ as liquidated damages all amounts previously received from Customer; sue for and recover all unpaid amounts due hereunder; and pursue and exer-
cise any other remedy available to Customer at law or in equity. All remedies are cumulative and may be exercised concurrendyor separarely.CUstomer agrees to
pa)' Guardian all costs and expenses. including all reasonable attorneys' fees. inc:urred by Guardian in pursuing or exerasingany of its rights or remedies hereunder.
Interest on ullp8id amounts shall be charged at the rate of 1 112% per month or the highest rate allowed by law, whichever is less.
II, NOnCES.CDStomer agrees that any notice or other communication between the parties hereto will be sent to the mailing address of the parties stated herein.
12. POWER OF ATTORNEY. Customer hereby appoints Guardian its attorney-in-fact for the purpose of executing on Customer's behalf any and all forms required
for the perfectiono( oompany'ssecurity interest provided for herein under the pro,'isions of the Uniform Commercial Code as enacted in thc.State of Washington,
including but not limited to any UCC-l financing statements.
13, FORCE MAJEURE. Guardian will not be liable for any damages alused b)' delay in furnishing or failure to furnish equipment or scoic:es due to fire. flood.
strike, lockout. dispute \\lith workmen, inability to obtain material, war. act of God. or any other cause beyond Guardian's reasonable c:ontrol.
14. GOVERNING LAW; VENUE. This Agreement shall be construed under and governed by the laws ofWashingtoD, including the Uniform Col1lll1ercial Code. The
parties hereto . submit to the jurisdiction of any federal or stale court sitting in Seattle. King County, Washington, in any action or proceeding brought to enforce or
oth~ise arising out of or relating to this AgreemenL
IS. SEVERABILrn: If any provision of this Agreement, or the application thereof to any person or circumstance. shall be held by 8 court of competent jurisdiction to
be invalid. llDenforceable, or void. the remainder of this Agreement and such provisions as applied to other persons and circumstanceS shall remain in full force and
effect
16. NO SETOFFS AND COUNTERCLAIMS. Amounts due or to become due under this Agreement shall not subject tod~ion by Customer for any setoff.
recoupment or counterclaim arising out of this or any other agreement between Guardian and Customer.
17. ASSIGNMENT. Buyer shall not assign this Agreement or any part hereof without the prior written consent of Guardian.
18. COURSB Of DEALING. It is agreed tbat no evidence of prior course of dealing or usage of trade shall be admissible to modify or contradict the terms of the
Agreement.
19. ASSIGNMENT. Guardian sball ba\'e Ihe right to assign this Apeement to any other person, firm, or corporation without notiQe to the subscriber, and shall have
the further right to . subcontract services wbich it may perform.
20. DEUQUENCY; RECONNECT CHARGES: In the event any payment due is more than ten (10) days delinquent, Guardian may impose and Collect a deliliquency
charge of one and one balf (11/2%) percent per month (18% per annum) of the amount of the delinquency. If the monitoring sel"Yice is deactivated becau~ of Sub-
M;riber's ~l due bala.m=e and if Subscriber desires to b"C the seT\'ice reactivated. Subscriber agrees to pay in adVaD<:e to Guardian its pre"aiIing reactivation ~harge.
21. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between Customer and Ouardian and may be waived, amended or supplemented only in
writing executed jointly by Customer and Guardian. It is the responsibility of the Customer to carefully andthorougbly test the Alarm System during the tenn Of this
Agreement, to insure that aU alann system functions work properly and that all alarm signals are accurately received at Central Alarm Station. It is the responsibility
of the customer to immediately report any deficiencies to Guardian Seeuri I)' Systems and to make arrangements for repairs.
22. INCREASE IN TAXES, UTILITY CHARGES OR MONTHLY SERVICES: Subscriber acknowledges that aU charges set forth herein are based upon exiSting
federal, state and local taxes. fees and utility charges. including telephone compapy line charges, if any. Company sbaU have the right, at any time. to inctease the
charges provided herein. to redect any significant increases in existing or any addilionalaa.,cs, fees or charges which hereafter may be imposed on Company by any
utility or governmental agency relating to the service(s) provided under the terms of this Agreement. and Subscn"ber agrees to pay the same. Company sha1Ibave the
right to increase or decn:ase the monthly charge provided for herin at any time after expiration of one year.
CUSTOMER UNDERSTANDS THAT; (8) THE ALARM SYSTEM SHALL CONSIST ONLY OF TUB EQUIPMENT DBSCRJBED ABOVE INDICATEJ);
(b) GUARbIAN SECURITY SYSTEMS HAS DEScamm THE FULL RANGE OF PRODUCI'S AND SERVICES AVAILABLE TO CUSTOMER; (c) THE
BuaOLARALARM SYSTEM IS DESIGNED TO DETECT ENTRY OR INTRUSION ONLYTHROUGHmOSE OPENINGS AND/ORAREAS COVERED BY
THE SYSTEM.
I
(Buyer's Initials).
Emergency Notification List
.-
GUARDIAN SECUII'.,."
LIFE AND PROPERTY PROTECTION
iii New o Upgrade o New o Take Over: IJOb#
Subscriber Address Formerly
:' Name System 10 Number
"<'"""""", Jefferson County Public Works
'c:',.<.
>,: Address Telephone Number
623 Sheridan Street ( )
City · ~unty · State - , 98368 All. Number At Same Location
Port ownsend A ( )
" Type of Facility ~ o Residential fII Commercial (Description): Office
:,'.""'"".
Type of Control ~anel ~ EST Quickstart Type of Communlcato'" AES Transmitter ID ~
o Burglary CI Panic C Medical Emergency CJ Other
o Hold-up II Fire 0 Process Supervision o Elevator
III Emerg,ncy Monitoring & Notification iii Daily Test o Patrol Response
Cl Logged Open/Closed o Weekly Test CJ Back up Service
. .>. o ole Logging with 10 o Monthly Test o Cellular
',',"', o Scheduled ole with Individual 10 o Key Service III Radio
,",.,,~,'..'.".';- o Network Monitoring o Police Response CI Password
",',,',. o Online Internet Viewing Reports
.q
>, . ... Quarterly signal strength reports
........ .,
All Co rrespondence Should Be Sent To The Attention Of: C At Address Shown Above
Addre ss (If Not Above AddreSS)
Spe clal
Inat ruc-
tions
Please indicate order of notification. Then list 1,2,3, etc. for order of notification. Attempts will be made to reach persons in order indicated.
Please list area codes with all phone numbers.
~
Order Persons To Be Contacted on Alarms ~sswo.9 Residence Office Pager Cell
Telephone No. Telephone No.
1
2
3
4
5
6
7
8
It is the responsibility of t~e 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 al$O the responsibility of the customer to train aU individuaJs .on the correct alarmsystemprocuduresin an alarm event.
i
Subscribers Signature
~tlve
~
Print Name
Mike Wade
..
1. Under this Agreement. the Company, on receipt of an alarm signal from the premises shall endeavor to notify the appropriate responsible
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..theregularly 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 Ithat the CompanyshaU 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 asa. result of
increases In leased IInecharg~es to the Company as a result of Public Utility Commission - approved rate increase gtanted 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 andthe:protedion 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 shall 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 tests of the electronic protective system.
4. The Subscriber expressly covenants and agrees not to tamper with, disturb, injure or remove or otherwise in~erfere 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 protection 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 of 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 failure to 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 thalocal 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 of a sprinkler signal, waterflow signal, manual or automatic fire alarm signal, transmit the alarm to the publi~ 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 ofa 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 catastro"phe 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 shall fnot be liable for loss or damage caused by delay, interruption, stoppage in construction or maintenance from causes
beyond its control and same shaUnot relieve payments on behalf of Subscriber for term.
12. It is further understood and agreed that the Company may remove or abandon said system in whole or in part, upon termination of this
Agreement by lapse Oftim. e lin the ca. se ofleas8, default Of. any moni.es due hereunder, or o. therwise without any oblig~ion to. repair orre(lecorate
any portion of the protected, premises. that such removal or abandonment shall not beheld to constitute a waiver of the "right of the Company to
collect any charges which have accrued or may accrue hereunder.
13. The Companyshalllhave the right to assign this Agreement to any other person, firm or corporation without any notice to the Subscriber,
and shall have the further right to subcontract any services it may perform.. ,
14. THIS AGREEMEN,. is not binding unless approved in writing by an authorized officer of the company. In the event of faUureofapproval,
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 odginalcondition, received
by you under this Agreemel)lt.
17. This agreement supersedes any other prior agreement or riders thereto.
18. It is understood afl(j agreed by and between the parties hereto, that if there is any conflict between thiscontract~ndSubscriber'spurchase
order, or any. other. docum~nt, this contract will govern,whether such purchase order or other document is. prior or .subse"quent to this Agreement.
~ sUbscribJ initials