Re: Brinks Home Security Evergreen Clause

[Anonymous <nobody@xxxxxxxxxx>]

Here is the Brinks residential contract.

PROTECTIVE SERVICE
AGREEMENT
(Residential Premises)
_____ _____ _____ _____ _____ _____ _____ _____ _____
Customer Number
This Agreement is made between Brink?s Home Security, Inc. (?Brink?s?) whose address is shown above, and
________________________________________________________________________________________________________________________
Your Name(s) (Please Print)
Billing address if different from installation address:
________________________________________________________________________________________________________________________
Street & Number City County State Zip Code
Introductory Explanation
By signing this Agreement, you agree to be bound by all of its provisions, just as Brink?s does. Brink?s calls your special attention to Section 2(f) - APPLICABLE TAXES,
Section 3 - Agreement for a THREE YEAR TERM, Section 5(a) - Brink?s OWNERSHIP OF THE PROTECTIVE EQUIPMENT, and Section 7 - LIMITATION OF LIABILITY.
________________
homeowner?s initials
You acknowledge that you are the owner of the installation address listed in the Installation Work Order. ________________
homeowner?s initials
Section 1. SERVICE:
(a) Brink?s will provide you with the service (the ?Service?) covered by this
Protective Service Agreement.
(b) Your installation Work Order lists items of standard protective equipment
(?Standard Protective Equipment?) that Brink?s is furnishing to you under this
Agreement. If you have agreed to have Brink?s install additional Protective
Equipment (?Additional Protective Equipment?), it is also listed in the
Installation Work Order. As used in this Agreement, the term ?Protective
Equipment? means the Standard Protective Equipment and the Additional
Protective Equipment.
(c) The Service is subject to all the terms and conditions of your entire agreement
(please see Section 12(a) for a list of what constitutes your entire agreement).
As part of the Service, Brink?s or one of its authorized contractors will install
and make operational the Protective Equipment at the address listed in the
Installation Work Order. When Brink?s receives a signal indicating activation of
the Protective Equipment at your installation address, Brink?s will observe the
procedures described in your Customer Emergency Information Schedule.
Section 2. FEES:
(a) You agree to pay Brink?s the connection fee shown in the Installation Work
Order for the Protective Equipment.
(b) During the three year term of this Agreement, you will pay Brink?s the following
recurring fees:
Monthly Monitoring Fee: $ 27.99
You agree to pay this additional monthly fee for $_________
monitoring of _____________________________
(list equipment)
You agree to pay this additional monthly fee for $_________
selection of Extended Service Plan Coverage
described in Section 6(b) below.
*Advance pay ($2.00 discount per month if you pay - $_________
a year or more in advance and pass credit check)
*EasyPay discount described in Section 2(d) - $_________
*Other Discount:___________________________ - $_________
(describe)
Total Monthly Fee: $ ??????????? ??????????? *Discounts may not be combined.
(c) You agree to pay the Total Monthly Fee by check, money order, or EasyPay.
If you prefer to pay other than on a monthly basis, please indicate your choice:
____ quarterly ____ one year ____ three years
(d) Brink?s EasyPay: You hereby authorize____________________________
(print name of financial institution chosen for direct debit)
to make recurring automatic debit withdrawals in the amount shown in Section
2(b) (plus applicable taxes) at the frequency shown in Section 2(c). Payments will
go to Brink?s from the following checking or credit card account you have chosen:
THIS AGREEMENT CONSISTS OF SECTIONS 1 THROUGH 12 APPEARING ON THE FRONT AND REVERSE SIDE.
YOU ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT YOU RECEIVED, READ AND UNDERSTOOD
A LEGIBLE, EXACT AND COMPLETELY FILLED-IN COPY OF THIS AGREEMENT [INCLUDING THE DOCUMENTS
LISTED IN SECTION 12(a)] AND THAT UPON SIGNING SUCH COPY WAS ALSO SIGNED BY BRINK?S. YOU
FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND SECTION 7 WHICH LIMITS BRINK?S LIABILITY AND THAT
YOU MAY INCREASE BRINK?S LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL CHARGE TO BRINK?S.
Signatures:
CUSTOMER: ___________________________________________
CUSTOMER: ___________________________________________
DATE: ________________________________________________
If you were referred by an existing Brink?s customer, we would appreciate
your noting below the customer?s name and phone number:
Referred by ____________________________________________
(please print name, city, state)
Telephone (_______) ____________________________________
BH-1104-GEN REV 3/02
YOUR RIGHT TO CANCEL
YOU MAY CANCEL THIS TRANSACTION AT ANY
TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS
DAY AFTER THE DATE OF THIS TRANSACTION.
PLEASE SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF
THIS RIGHT.
BRINK?S HOME SECURITY, INC.
By ____________________________________________________
Authorized Representative Reg. No.
DATE:_________________________________________________________
❑ Option 1 - Checking Account Transfer (Voided check must be attached.)
(Deposit slips often do not contain enough information to allow automatic payments to process.)
❑ Option 2 - Automatic Credit Card Charge
___ American Express ___Visa ___MasterCard ___Discover
Credit Card Number
______________/______________/______________/______________
Expiration Date - MM___________ DD___________ YY___________
(if available)
Brink?s will notify you of the exact day and amount of recurring withdrawals. You
understand that, at any time, you may change your EasyPay account selection
or terminate EasyPay by calling Brink?s at 1-800-445-0872 at least twenty (20)
days in advance of your next scheduled collection date. Changing an EasyPay
account selection will require completion of a new EasyPay form. Termination of
EasyPay will increase your monitoring fee by $1.00 per month.
Customer Signature:______________________________________________
(e) Financial Disclosure: The total amount of all recurring fees (described in Section
2(b)) that you will pay during the initial term of this Agreement is $___________.
(f) You will pay any and all applicable sales, use, service, property or other taxes in
connection with Service, including the installation and monitoring of the
Protective Equipment. UNLESS YOU HAVE PAID AN ADDITIONAL FEE TO
PURCHASE THE PROTECTIVE EQUIPMENT, YOU WILL BE BILLED A PROPORTIONATE
SHARE OF THE AMOUNT REQUIRED TO REIMBURSE
BRINK?S FOR THE PROPERTY TAX IT PAYS ON ALL PROTECTIVE EQUIPMENT
INSTALLED FOR YOU AND OTHERS IN YOUR TAXING JURISDICTION(
S). (IN SOME STATES, THE ALLOCATION IS MADE ON A STATEWIDE
BASIS DUE TO OVERLAPPING TAXING JURISDICTIONS.) THIS
AMOUNT WILL BE BILLED ONCE EACH YEAR AND GENERALLY RANGES
FROM $5.00 TO $15.00 PER YEAR. The value of the Protective Equipment for
this calculation is the company-wide, per installation, capitalized protective
equipment cost for the year the equipment was installed. The amount billed will
not necessarily be equal to the amount of property tax that would have been paid
if the specific equipment installed in your location was assessed on an individual
basis.
Section 3. THREE-YEAR TERM AND RENEWAL TERMS:
(a) You will take and pay for the Service during an initial term of three years
commencing from the date Brink?s makes the Protective Equipment operational.
(This obligation continues whether or not you remain the occupant of the installation
address.) Thereafter, this Agreement will automatically continue for
successive one-year renewal terms unless you or Brink?s give written notice of
cancellation to the other at least 60 days before the initial or renewal term ends.
(b) If the renewal fee is more than the initial or renewal fee you have been paying,
Brink?s will notify you of the new renewal fee at least 75 days before the initial or
renewal term ends. If your renewal fee reflects any increase over whatever fee
you were most recently paying, you have the right to terminate this Agreement
as provided in Section 3(a) above.
(c) By notice to you, Brink?s may terminate this Agreement if Brink?s determines that
the Protective Equipment is generating excessive false alarms.
________
initial
________
initial
Section 4. CUSTOMER EMERGENCY INFORMATION SCHEDULE:
(a) You are furnishing to Brink?s and you will keep current a Customer Emergency
Information Schedule on the form you have received from Brink?s. If you wish to make
a change in your Customer Emergency Information Schedule, please call (800)
445-0872.
(b) Brink?s has no obligation to telephone any emergency agency or person other than the
agency or person named in your most recent Customer Emergency Information
Schedule furnished to Brink?s. YOU UNDERSTAND THAT BRINK?S DOES NOT
REPRESENT OR PROMISE THAT ANYONE TELEPHONED BY IT WILL RESPOND
TO THE CALL.
Section 5. OWNERSHIP AND USE OF PROTECTIVE EQUIPMENT:
(a) YOU AGREE THAT BRINK?S IS THE OWNER OF THE PROTECTIVE EQUIPMENT
AT ALL TIMES. You agree that this Agreement is not a lease. You will not attempt to
remove or sell any of the Protective Equipment. You agree that installation of the
Protective Equipment does not create a fixture to your premises.
(b) You may pay an additional charge at the time of installation to purchase the Protective
Equipment.
(c) You will provide single party phone lines, pest free space, adequate light and power for
installation and operation of the Protective Equipment. You will follow all of Brink?s
instructions regarding repair and use of the Protective Equipment, and you will not allow
alteration of the Protective Equipment except in writing by Brink?s.
(d) You are responsible for complying with any local or other governmental ordinances or
laws which may require any user of the Protective Equipment to obtain a license or
permit. You also agree to pay Brink?s for any fees Brink?s is required to pay under laws
in order to install the Protective Equipment in your location.
(e) You understand that local governments may impose fines, or charges for any false
alarm. YOU AGREE TO ASSUME ALL RESPONSIBILITY FOR ANY FALSE ALARM
GIVEN BY THE PROTECTIVE EQUIPMENT. You will indemnify and hold Brink?s
harmless from liability for false alarm charges and fees associated with reporting alarm
signals.
(f) If Brink?s reasonably determines that the Protective Equipment is generating an excessive
number of false alarms or signals which may adversely affect Brink's monitoring
facilities, Brink?s may require you to pay a reasonable surcharge fee for processing false
alarms or signals or Brink's may terminate this Agreement.
Section 6. REPAIR SERVICE:
(a) FREE REPAIR SERVICE: DURING THE NINETY DAY PERIOD FOLLOWING
INSTALLATION OF THE PROTECTIVE EQUIPMENT, BRINK?S WILL AT YOUR
REQUEST PERFORM ALL NECESSARY REPAIR OF THE PROTECTIVE EQUIPMENT
DURING BRINK?S NORMAL BUSINESS HOURS AT NO CHARGE TO YOU
SUBJECT TO THE EXCLUSIONS DESCRIBED BELOW.
(b) EXTENDED SERVICE PLAN: You may purchase an Extended Service Plan which
provides for repair of the Protective Equipment at no charge after the initial ninety day
free repair service period expires. Free repair service under the Extended Service Plan
is subject to the conditions and exclusions described below. Extended Service Plan
coverage will begin on the date the Protective Equipment is made operational and will
continue for as long as you make all required payments. If you have chosen to receive
the Extended Service Plan, you agree to pay the fees shown in Section 2(c) for an initial
term of three years. At the end of the initial term this Extended Service Plan will automatically
renew for successive one year terms. You or Brink?s may cancel this Extended
Service Plan by giving the other party notice of cancellation at least sixty days prior to
the end of the then current term. Brink?s may increase the required payment for any
renewal term of the Extended Service Plan by giving you written notice of the new fee
at least seventy five days prior to the end of the current term.
(c) EXCLUSIONS: Brink?s excludes from the initial ninety day free service and the
Extended Service Plan any repair or replacement of the Protective Equipment needed
because of any event or condition beyond Brink?s control such as misuse, negligence,
accident, fire, acts of God (except lightning), telecommunications failures, remodeling
and repair or alteration by anyone other than Brink?s. Also excluded are any necessary
repairs to security window screens or curtains. At all times, you are responsible for any
loss or damage to the Protective Equipment caused by events or conditions beyond
Brink?s control.
(d) REPAIRS OUTSIDE OF NORMAL BUSINESS HOURS: Brink?s will endeavor to
comply with your request for repair outside of Brink?s normal business hours. You agree
to pay for this repair work at Brink?s prevailing premium labor rates. You will not be
charged if you are covered by an Extended Service Plan.
(e) CHARGEABLE REPAIRS: You agree to pay Brink?s applicable labor charges for any
repair work which is not covered by the initial ninety day free repair service or an
Extended Service Plan. YOU WILL NOT BE CHARGED FOR REPLACEMENT PARTS
UNLESS DAMAGED BY EVENTS OR CONDITIONS BEYOND BRINK?S CONTROL
AND EXCLUDING SECURITY WINDOW SCREENS AND CURTAINS.
(f) You agree to immediately notify Brink?s of any defect or failure in operation or functioning
of the Protective Equipment. You may schedule repair service and obtain information
on Brink?s rates by telephoning Brink?s toll free at 1-800-445-0872. Brink?s reserves
the right to substitute new or reconditioned parts of equal quality in performing repairs
at any time. If at any time you request service and fail to be available at the scheduled
time to allow access to your premises, Brink?s may charge you its then effective rate for
a service call. YOU AGREE TO TEST THE PROTECTIVE EQUIPMENT AT LEAST
MONTHLY IN ACCORDANCE WITH THE INSTRUCTIONS WHICH YOU ACKNOWLEDGE
YOU HAVE RECEIVED FROM BRINK?S.
Section 7. LIMITATION OF LIABILITY:
(a) BRINK?S DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AND IN PARTICULAR
DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BRINK?S DOES NOT
WARRANT: THAT THE PROTECTIVE EQUIPMENT OR THE SERVICE WILL NOT
BE DISABLED, COMPROMISED OR CIRCUMVENTED (WHETHER BY CUTTING
OF TELEPHONE LINES OR IN SOME OTHER WAY); THAT THE PROTECTIVE
EQUIPMENT WILL NOT BE IN NEED OF REPAIR; THAT THE PROTECTIVE EQUIPMENT
OR SERVICE WILL PREVENT ANY LOSS OF PROPERTY OR PERSONAL
INJURY BY BURGLARY, HOLD-UP, FIRE, MEDICAL PROBLEM OR OTHERWISE;
OR THAT THE PROTECTIVE EQUIPMENT AND SERVICE WILL IN ALL CASES
PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED. YOU UNDERSTAND
THAT UNLESS YOU HAVE PURCHASED BRINK?S CELLULAR BACKUP, ALARM
SIGNALS WILL BE SENT OVER REGULAR TELEPHONE LINES TO THE BRINK?S
MONITORING CENTER. INTERRUPTION OF TELEPHONE SERVICE WILL PREVENT
ALARM SIGNAL TRANSMISSION. YOU UNDERSTAND THAT CONVERTING
YOUR PHONE SERVICE TO DSL OR OTHER HIGH SPEED DATA LINE CAN PREVENT
ALARM SIGNAL TRANSMISSION AND TELEPHONE LINE SEIZURE.
(b) YOU UNDERSTAND THAT BRINK?S IS NOT AN INSURER AND IS NOT RESPONSIBLE
FOR ACTS OR OMISSIONS OF OTHERS OR FOR EVENTS BEYOND
BRINK?S CONTROL. Your payment of fees and other amounts to Brink?s under this
Agreement relates only to the value of the Service (and, if applicable, to the sales price
of Protective Equipment) and has no relationship to, nor do Brink?s or you expect them
to cover, in whole or in part, any loss, damage, injury or death which might result to you
or your property or to any other person or property from any hazard or event or the consequence
of any hazard or event which the Protective Equipment or the Service is
intended to detect or avert. THE AMOUNTS PAYABLE BY YOU UNDER THIS
AGREEMENT ARE NOT SUFFICIENT TO WARRANT BRINK?S ASSUMING ANY
RISK OF CONSEQUENTIAL OR OTHER DAMAGES TO YOU. EXCEPT AS STATED
IN SECTION 7(e) BELOW, YOU DO NOT DESIRE THIS AGREEMENT TO PROVIDE
FOR THE LIABILITY OF BRINK?S AND YOU AGREE THAT BRINK?S SHALL NOT BE
LIABLE FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO ANY
OCCURRENCE OR CONSEQUENCES THEREFROM, WHICH THE SERVICE IS
DESIGNED TO DETECT OR AVERT. IN NO EVENT SHALL BRINK?S BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
HOWSOEVER CAUSED.
(c) YOU AND BRINK?S AGREE THAT YOU HAVE THE SOLE RESPONSIBILITY TO
OBTAIN WHATEVER INSURANCE YOU WANT TO HAVE IN ORDER TO COVER
RISKS, LOSSES, DAMAGES, INJURIES, DEATH AND OTHER EFFECTS OF BURGLARY,
FIRE, PHYSICAL DANGERS OR MEDICAL PROBLEMS AFFECTING YOU,
YOUR FAMILY OR ANY OTHER PERSONS WHO MAY BE IN OR NEAR YOUR
LOCATION. YOU HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND
HOLD BRINK?S AND ITS AUTHORIZED CONTRACTORS HARMLESS FROM AND
AGAINST CLAIM OR LIABILITY FOR ANY RISK, LOSS, PROPERTY DAMAGE, PERSONAL
INJURY, DEATH AND OTHER EFFECTS MENTIONED ABOVE AT YOUR
SOLE COST AND EXPENSE INCLUDING ATTORNEY?S FEES.
(d) You acknowledge that it is impractical and extremely difficult to fix the actual damages,
if any, which may proximately result from Brink?s failure to perform any of the obligations
under this Agreement, or the failure of the Protective Equipment to properly operate
with resulting loss to you or others because of, among other things:
(1) The uncertain amount or value of your property or the property of others kept on the
premises which may be lost, stolen, destroyed, damaged or otherwise affected by
occurrences which the Protective Equipment or Service is designed to detect or avert;
(2) The uncertain amount of possible damages for personal injury or death which may
result from occurrences which the Protective Equipment or Service is designed to
detect or avert;
(3) The uncertainty of the response time of any police or fire department or medical
emergency agency, should the police or fire department or medical emergency agency
be dispatched as a result of a signal being received or an audible device sounding;
(4) The inability to ascertain what portion, if any, of any loss or damage would be proximately
caused by Brink?s failure to perform or by the failure of the Protective Equipment
to operate; and
(5) The nature of the Service to be performed by Brink?s.
(e) If Brink?s or its authorized contractors do not provide the Service or otherwise fail to
perform any obligation undertaken by any of them under this Agreement or are liable
under negligence, strict liability, breach of warranty, breach of contract or otherwise,
YOU UNDERSTAND AND AGREE THAT BRINK?S AND ITS AUTHORIZED
CONTRACTORS? LIABILITY TO YOU AND ALL OTHER PERSONS IS LIMITED TO A
TOTAL RECOVERY DURING THE WARRANTY PERIOD AND THEREAFTER OF
NOT MORE THAN THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO BRINK?S
UNDER SECTION 2(b) OF THIS AGREEMENT DURING THE TWELVE-MONTH
PERIOD PRECEDING THE EVENT OR OMISSION FOR WHICH YOU AND ALL
OTHER PERSONS MAY MAKE A CLAIM AGAINST BRINK?S OR ITS AUTHORIZED
CONTRACTORS. YOU ACCEPT RESPONSIBILITY FOR ANY LIABILITY BEYOND
THESE LIMITS AND YOU WILL MAINTAIN YOUR OWN INSURANCE COVERAGE
AS YOU DESIRE TO PROTECT YOU AND OTHERS FROM ANY LOSSES EXCEEDING
THESE LIMITS. YOU WILL LOOK SOLELY TO THE PROCEEDS OF SUCH
INSURANCE FOR ANY LOSS, LIABILITY, DAMAGE OR CLAIM ABOVE THE LIMITS
OF BRINK?S LIABILITY TO WHICH YOU AGREE IN THIS SECTION 7. YOU
FURTHER AGREE THAT THE REMEDY AND LIABILITY AS LIMITED IN THIS SECTION
7 IS THE SOLE AND EXCLUSIVE REMEDY AND LIABILITY. IF YOU WISH,
YOU MAY OBTAIN A HIGHER LIMITATION OF BRINK?S LIABILITY BY PAYING AN
ADDITIONAL CHARGE TO BRINK?S. YOU MAY OBTAIN INFORMATION ABOUT
THIS OPTION BY TELEPHONING BRINK?S CUSTOMER SERVICE DEPARTMENT
AT (800) 445-0872.
Section 8. INDEMNITY:
In the event that any guest, tenant or other person shall make any claim or file any lawsuit
against Brink?s relating to the Protective Equipment at the installation address or the performance
of the Service or any act or failure to act on your part, you shall release, defend,
indemnify, and hold Brink?s harmless from and against any such claims and lawsuits. This
indemnity includes the payment of all damages, expenses, costs and attorney?s fees, whether
these claims be based upon active or passive negligence, warranty, or strict product liability
on the part of Brink?s, its agents, servants or employees. You shall immediately notify your
insurance carrier of such a claim or lawsuit for defense and/or payment of the claim.
Section 9. INSPECTION AND REMOVAL OF PROTECTIVE EQUIPMENT:
You will allow Brink?s free access to the Protective Equipment at all reasonable times for
the purpose of inspection and for any other purpose contemplated by this Agreement. After
this Agreement terminates for any reason, Brink?s has the right to remove the Protective
Equipment from your location (unless you paid the additional charge to purchase the
Protective Equipment). Brink?s will bear the cost of removal. You are responsible for
restoration work.
Section 10. CUSTOMER DEFAULT; BRINK?S REMEDIES:
(a) You will be in default and breach of this Agreement if:
(1) you fail to pay to Brink?s any fees, charges or other amounts within ten days of when
due, or you fail to comply with any of the other terms of this Agreement, and your failure
to continues for 10 days after Brink?s gives you written notice; or
(2) you terminate this Agreement prior to the expiration of the term of this Agreement.
(b) If you are in default or breach of this Agreement, in addition to any other remedies provided
by law, Brink?s may do any or all of the following without releasing you:
(1) by notice to you, terminate this Agreement;
(2) with or without terminating this Agreement, remove and take possession of the
Protective Equipment wherever located (unless you paid the additional fee to purchase
the Protective Equipment), and for the purpose of taking possession, enter upon your
location without liability for doing so (if you refuse to allow removal, Brink?s may recover
the retail sales price of the Protective Equipment);
(3) by notice to you, declare immediately due and payable an amount (which Brink?s
and you agree is a reasonable determination of Brink?s damages) equal to all fees to be
paid by you during the remaining term (initial or renewal) of this Agreement;
(4) sell, dispose of, hold, lease or otherwise use the Protective Equipment as Brink?s
determines in its sole discretion without any duty to account to you (unless you paid the
additional fee to purchase the Protective Equipment). ALL REMEDIES PROVIDED
FOR HEREIN ARE DEEMED TO BE CUMULATIVE. Any subsequent acceptance by
Brink?s of any payments by you under this Agreement does not by itself constitute a
waiver of an existing default or breach, regardless of whether Brink?s knows about your
default or breach when it accepts your payment.
(c) Under applicable laws you may have certain rights in case of your default or breach.
Also, certain of Brink?s rights described in Section 10(b) above may be subject to restrictions.
Brink?s will comply with any applicable laws.
Section 11. NOTICES:
All notices under this Agreement are to be by telephone or in writing and are to be sent by
U.S. mail, postage prepaid, addressed as follows:
If to Brink?s: 8880 Esters Boulevard, Irving, Texas 75063,
Attention: Customer Service
or 1-800-445-0872
If to you: To your billing address or the address or phone number written in the Installation
Work Order.
You or Brink?s will notify the other in writing of any change of address for the purpose of
giving notices under this Agreement. Notices are effective when sent.
Section 12. GENERAL LEGAL MATTERS:
(a) The entire agreement between you and Brink?s consists of this Protective Service
Agreement and the following, which together supersede any and all other agreements,
understandings or representations:
Customer Emergency Information Schedule
Installation Work Order
Notice of Cancellation Form
Brink?s is not bound by any change or waiver of any provision of the foregoing unless
an authorized official of Brink?s signs the change or waiver.
(b) If a court or arbitrator determines any provision in the entire Agreement between you
and Brink?s to be invalid or unenforceable, that provision will be null and void to the
extent determined by the court or arbitrator. However, each other provision in the entire
Agreement will continue to be valid and enforceable.
(c) The terms of this Agreement will be binding upon your estate and the successors and
assignees of Brink?s. Your rights and obligations under this Agreement may not be
assigned. However, if a new owner of your location agrees to sign a monitoring agreement
with Brink?s and pays the applicable programming charges, Brink?s will release
you from your obligations under this Agreement. This Agreement is not transferable to
a different location. Brink?s may assign this Agreement without your consent. Brink?s
may perform its obligations through a subcontractor.
(d) The laws of the state of the installation location govern the validity, enforceability and
interpretation of this Agreement.
(e) LIMITATION ON ACTIONS; WAIVER OF JURY TRIAL
You and Brink?s agree that no suit or action that relates in any way to this Agreement
(whether based upon contract, negligence or otherwise) shall be brought against the
other more than two (2) years and one (1) day after the accrual of the cause of action
therefore. You and Brink?s also waive any rights to a jury trial in any judicial action
brought by either party which relates in any way to this Agreement (whether based upon
contract, negligence or otherwise).
BH-1104-GEN REV 3/02