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14 Celina Ave. Unit # 15 Nashua, NH, 03063-1025 (800)323-6794 www.ColonialMedical.com
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Charged Once Per Year $239.40
TERMS & CONDITIONS (Read) TERMS AND CONDITIONS OF SERVICE 1. MEDICAL ALARM MONITORING SYSTEM. For each channel in the medical alarm monitoring equipment ("Receiver") located at the central monitoring station ("Response Center") which is made available for Subscriber's use. Subscriber agrees to pay Contractor a periodic service fee ("Service Fee") as provided on the reverse side of this agreement, payable monthly in advance. The Receiver consists of an alarm indicator located at the Response Center for the receiving of signals emanating from the transmitter unit ("Medi-Mate Unit") furnished to the subscriber. Subscriber also agrees to pay to Contractor all applicable Federal, State, County, or City taxes or use taxes which are imposed as a result of this Agreement. 2. ADDITIONAL EQUIPMENT. During the term of the Agreement, Contractor agrees to furnish Subscriber, for use with the Medi-Mate Unit, one or more portable transmitters at a cost as provided on the reverse side of this Agreement, payable monthly in advance, and, at the end of the term, to return the portable transmitter(s) to Contractor in good working order. 3. SERVICE. In consideration of the Service Fee, Contractor agrees to maintain the Receiver and the Medi-Mate Unit furnished to the Subscriber in good working order. Subscriber agrees to exercise all reasonable care in operating the Medi-Mate Unit. Subscriber agrees that the Medi-Mate Unit is, and shall at all times remain, the property of the Contractor. Repair and maintenance of the Medi-Mate Unit furnished to Subscriber will be provided by Contractor only at designated repair facilities. In the event that repair to or maintenance of Subscriber's Medi-Mate Unit is required, Subscriber agrees to so notify the Contractor. Subscriber agrees to reimburse Contractor for all repair costs attributable to misuse of mishandling of the Medi-Mate Unit and for the cost of replacement if Subscriber fails to return the Unit in good condition, reasonable wear and tear excepted, immediately following the termination of this Agreement. 4. TELEPHONE LINES AND AC POWER. Subscriber will provide and pay for a 110-volt AC outlet and any telephone jacks necessary to connect the Medi-Mate Unit to Subscriber's telephone service. If the Subscriber has two or more telephones on the premises using the same telephone number, and if one of these telephones is off the hook or otherwise in use, the Medi-Mate Unit will not operate. The Subscriber acknowledges that signals are transmitted using electrical power and over telephone company lines which are wholly beyond the control and jurisdiction of the Contractor and in the event telephone or electrical service is out of order or disconnected, the Medi-Mate Unit will not operate. 5. INTERRUPTION OF SERVICE. The Contractor assumes no liability for interruption of monitoring system services due to strikes, riots, floods, storms, earthquakes, fires, power failures, interruption of telephone service, acts of God, or any other cause beyond the Contractor's control. 6. TERM. This agreement shall remain in effect for a period of one (1) year from the date that the Subscriber's Medi-Mate Unit is installed; it shall continue in force indefinitely, from year-to-year thereafter, subject, however, to termination by either party hereto, after the initial one (1) year period. Upon termination of this Agreement for any reason, Subscriber agrees to so notify Contractor. Thereupon Subscriber shall insure and promptly ship the Medi-Mate Unit to Contractor via United Parcel Service ("UPS"), or best way, at Subscriber's expense. 7. SUBSCRIBER'S DUTIES. The Subscriber shall: a. Provide and be responsible for suitable electrical and telephone service to allow installation and operation of the Medi-Mate Unit. A modular phone jack is required. This device is not intended for use on a wall-mounted telephone. b. Make no alterations or repairs to the Medi-Mate Unit or transmitter. c. Not move the Medi-Mate Unit outside of the Subscriber's home address as reflected on the first page of this Agreement without the Contractor's written authorization. d. Allow access to technical representatives identified by the Contractor, at all reasonable times, to inspect the Medi-Mate Unit and transmitter, to provide necessary maintenance and, if the Medi-Mate Unit is not purchased, to remove the Medi-Mate Unit after default or after the termination of the Agreement. e. Prevent an excessive number of false alarms as determined by the Contractor, whether caused by the Subscriber or any third-party. f. Provide access to Responders. g. Keep current the Subscriber information provided on the front of this Agreement. All changes shall be supplied to the Contractor in writing and are the sole responsibility of the Subscriber. h. Assume responsibility to periodically test the communication of the Medi-Mate Unit, in the manner prescribed by the Contractor for proper operation. 8. SERVICES FEES. Service Fees, set forth in Paragraph 1, shall be paid by Subscriber monthly, in advance, and are subject to future modification by Contractor upon at least thirty (30) days written notice given to Subscriber at any time following the expiration of the initial one (1) year period. If Subscriber chooses to purchase three (3) months or one (1) year in advance and terminates his/her subscription prior to the end of the contracted period, they will receive a pro-rata refund of the total amount already paid less the amount of months already passed at the highest monthly premium. Upon termination of this Agreement, Subscriber acknowledges his/her obligation to pay the applicable Service Fee to Contractor through and including the month in which the Medi-Mate Unit is returned. 9. FORCED ENTRY. The Subscriber understands and agrees that in an event an emergency signal is received and if Responders are sent to the Subscriber's premises, forced entry may be used if necessary to respond appropriately to the emergency. 10. LIMITS OF LIABILITY. By execution of this Agreement, Subscriber expressly agrees with Contractor and with Response Center and acknowledges to them that; (i) neither Contractor, its installer, nor Response Center is an insurer; (ii) insurance covering any risks to Subscriber's person or property shall be obtained by Subscriber, at his/her own cost and expense; and (iii) Service Fees payable to Contractor are based solely upon the value of Contractor's periodic service to Subscriber and are unrelated to any loss or damage to Subscriber's person or property due, directly or indirectly, to occurrences, or consequences there from, which services provided by Contractor or its installer hereunder or Response Center's services to Subscriber are designed to detect or avert. Accordingly, Subscriber expressly further agrees with Contractor, with its installer and with Response Center and acknowledges to them that: (i) THIS AGREEMENT SHALL PROVIDE FOR LIMITED LIABLILTY OF CONTRACTOR, CONTRACTOR'S INSTALLER AND RESPONSE CENTER; (ii) except as hereinafter provided, Contractor, its installer and Response Center shall be exempt from all liability for loss or damage to Subscriber's person or property due, directly or indirectly, to occurrences, or consequences there from, which services provided by Contractor and its installer to Subscriber and Response Center's service hereunder are designed to detect or avert; (iii) if Contractor, it's installer, or Response Center should be found liable, by a court of competent jurisdiction, for loss or damage to Subscriber's person or property due to a failure of the Receiver, the Medi-Mate Unit, services provided by Contractor or Contractor's installer in any respect or Response Center's services in any respect, CONTRACTOR'S LIABILITY, Contractor's installer's liability and Response Center's liability UNDER THIS AGREEMENT SHALL BE LIMITED to: (i) in the case of the Contractor, a sum equal to ten (10%) percent of its period Service Fee or Fifty ($50.00) Dollars, whichever is greater; (ii) in the case of Contractor's installer, the amount of Fifty ($50.00) Dollars; (iii) in the case of Response Center, the amount of Fifty ($50.00) Dollars; and (iv) the provisions of this Paragraph 10 should apply to any loss or damage, irrespective of cause or origin, that results, directly or indirectly, to Subscriber's person or property, which loss or damage is attributable to: (a) the performance or non-performance of obligations imposed upon the Response Center with respect to its services to Subscriber or imposed upon Contractor or Contractor's installer by this Agreement or (b) any error or omission of Contractor, Contractor's installer, Response Center or their respective employees, or agents. If Subscriber wishes Contractor to assume a limited liability in lieu of the liquidated damages as hereinabove set forth, Subscriber may obtain from Contractor a limitation of liability by paying an additional monthly service charge to Contractor. If Subscribed elects to exercise this option, a rider shall be attached to this Agreement setting forth the terms, conditions, and the amount of the limited liability, and the additional monthly charge. Such rider and additional obligation shall in no way be interpreted or construed to hold Contractor as an insurer. 11. FAILURE TO RETURN MEDI-MATE. Upon the expiration of the term of this Agreement, in the event Subscriber fails to timely return the Medi-Mate Unit, Subscriber shall be liable to Contractor for damages equal to the then Selling Price of the Medi-Mate Unit, reduced by one-half (1/2) of the Service Fees previously paid by the Subscriber to Contractor. In the event that it shall become necessary for the Contractor to institute legal proceedings to collect the cost of any charges as set forth herein or to obtain the return of the Medi-Mate Unit, the Subscriber shall pay to the Contractor reasonable attorney's fees where permitted by law. 12. GENERAL. This Agreement is not binding unless approved in writing by an authorized representative if the Contractor. In the event of failure of approval, as aforesaid, the only liability of the Contractor shall be to return the Subscriber the amount, if any, paid to the Contractor upon signing this Agreement. This Agreement shall be governed by, and shall be construed in accordance with, the laws of The State of New Hampshire. This agreement shall be binding upon, and shall insure to the benefit of, the parties hereto, their heirs, executors, legal representatives, successors and assigns. This Agreement shall constitute the entire agreement between the Subscriber and the Contractor, supersedes all prior representations, understandings or agreements of the parties, and may be modified only by a writing signed by the parties or their duly authorized agent. In the event that any of the terms or provisions of this Agreement shall be declared to be invalid or in operative, all of the remaining terms and provisions shall remain in full force and effect. No person installing, servicing, or otherwise dealing with the Medi-Mate Unit is or shall be authorized, to act in the name or on the Contractor's behalf or to bind the Contractor in any way. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed to be an original. Throughout this Agreement, the masculine, feminine and neuter pronouns shall each include both genders, and the singular shall include the plural, and vice-versa, whichever context and facts require such construction.
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