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Customers should be aware of our General Terms and
Conditions. These terms and conditions are fairly common throughout the Security
Systems industry.
1. Sierra Security Systems is not providing any type
of insurance against loss.
2. These terms and conditions include any special
terms and conditions stated on related job quotations.
3. Sierra Security Systems is a California State
licensed Electrical Contractor; license number 552435. Regulated by the
Department of Consumer Affairs, State of California.
4. Sierra Security Systems is a California State
licensed Alarm Operating Company; Operators License Number ACO5842. Alarm
company operators are licensed and regulated by the Bureau of Security and
Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814.
5. Our Labor Rate is charged per man-hour. The current
rate being charged can be obtained by contacting our business offices.
6. Our Emergency Call Out Rate is one and one-half (1
½) times our per man-hour rate.
7. Our billing for labor will reflect minimum time
increments of 30 minutes.
8. We typically require a 10 – 50 percent down payment
for all new installations.
9. Installation, Monitoring and or, Maintenance
contracts must be executed prior to any work being performed.
10. New System Monitoring – we are not required to
begin monitoring your system until all provided documents are completed and
returned to us. These documents include, Monitoring Contract, Maintenance
Contract (if applicable), Signed and Approved Quotation Acceptance, Signed
Customer information and responding party information sheet.
11. Our Service calls will be chargeable. Maintenance
contract work will be credited accordingly.
12. We charge for all our time, including travel at
the same rate, you will be charged for our technician’s time from his point of
origin or Bishop CA which ever is closer to your residence or job site.
13. We charge for all our technicians’ time assisting
customers regarding technical issues, and for consulting services required by
the customer – even if these services are provided over the phone or in our
office.
14. Any service call ordered by the customer with time
restrictions placed on the job by the customer is considered “Emergency Call
Out”.
15. Any service call ordered by the customer that
requires us to reschedule other jobs to expedite and meet your special timing
considerations is considered “Emergency Call Out”.
16. After hour and weekend service call requested by
the customer are subject to “Emergency Call Out” charges.
17. Travel time will be proportionately divided among
service calls in the same area only when they are not considered “Emergency Call
Out”.
18. Materials and Supplies will be billed for as used
to repair the system.
19. The Customer may request a “Not-to-Exceed” Labor
Quotation for service work, but upon initial inspection if Sierra Security
Systems feels the Quotation can not be performed upon in the allotted time,
Sierra Security Systems may charge for one hour plus travel time, and have no
obligation to perform the work described in the quotation.
20. Customer must provide a single point of contact
for the authorization of all service work and account changes.
21. Monitoring Services are independently provided
without relationship to Service or Maintenance of any system.
22. Monitoring Services, if provided to the customer,
do not include charges or consideration for providing maintenance or repair of
the customers system.
23. Customer requests for additional Central Station
activates and services such as special reports and the look-up or research of
alarm activity will be charged to the customer at the rate of $ 48.50 per
man-hour.
24. All new Security, Fire Alarm, or other systems
provided by Sierra Security Systems are considered an outright sale / purchase
basis of property and services. Property is not leased to the customer unless
specifically agreed upon with a “Equipment Lease Agreement” between Sierra and
the Customer. After paying for the system, you the Customer, own the system. It
is the responsibility of the customer to pay any property taxes assessed against
the customers property.
25. No credits for monitoring service charges will be
issued or allowed for periods of outage or periods of time wherein the alarm
system is not capable of reporting alarms to the Central Station monitoring
company or Sierra Security Systems. It is the customer’s responsibility to
notify Sierra Security Systems if the alarm is not functioning properly and
reporting alarms to the Central Station. Alarms not operating properly should be
reported within 24 hours.
26. The Customer shall carefully and properly set the
Alarm System each night or at such other time as the Customer shall close or
vacate its Premises. Customer shall carefully and properly test the Alarm System
prior to each close period, or on a scheduled basis, and shall immediately
report to Sierra Security Systems any claimed inadequacy in or failure of the
system. Customer agrees to promptly reset and re-enable the system after every
alarm condition.
27. Sierra Security Systems will not be required to
repair any alarm systems where the customer or his responsible agents have not
notified Sierra Security Systems that the system requires service. The customer
must additionally accept all Terms and Conditions outlined in this document
before service work is to proceed. A Work Order will be generated detailing the
service to be performed – the customer must sign and return a copy to Sierra
Security Systems authorizing the work, rates, and Terms and Conditions.
28. It is understood that Sierra Security Systems has
no responsibility for the condition of, repair of, servicing of, or
functionality of the Alarm System at the Customer's Premises, unless Sierra
Security Systems has been notified of an inadequacy in or failure of the system
by the Customer.
29. Maintenance Contracts for service and repairs are
available upon request, and are in addition to, and separate from Monitoring
Contracts.
30. It is understood that Sierra Security Systems has
no responsibility for the condition and/or functioning of the Alarm System at
the Customer's Premises, and that the maintenance, repair, service, replacement
or insurance of the Alarm System is not the obligation or responsibility of
Sierra Security Systems. Customer understands that maintenance services may be
purchased from Sierra Security Systems for an additional cost. Customer further
understands that the “Monitoring Contract” executed for monitoring services
includes no provision for, or intent for Sierra Security Systems to provide any
form of service or maintenance.
31. Sierra Security Systems shall not be liable for
any loss or damage caused by defect or deficiencies in the Alarm System or the
service performed upon the Alarm System nor shall the Sierra Security Systems
incur any liability for any delay in response or non-response of police, fire or
other authorities, institutions or individuals notified by the Sierra Security
Systems, or a contracted Monitoring Company.
32. Sierra Security Systems or a contracted Monitoring
Company shall not be obligated to perform any monitoring service during any time
when Customer's telephone or telephone equipment shall not be working or
disabled by any means since signals to the Sierra Security Systems are received
solely by means of telephone communication.
33. Invoices provided for service, installation, and
or materials are due within 15 days of presentation. We provide monthly
statements as a convenience to our customers as a means of recapping invoices,
payments, and presenting ongoing recurring charges. Invoices are due from the
date printed on the invoice, not the date the invoice is printed on a statement.
34. Recurring charges on statements - Payment in full
is due on the 30th of the month. Payments not received by the 10th day of the
following month are subject to deactivation from Central Station Monitoring. A
Finance Charge of 1.5% per month will be applied to all unpaid account balances,
the minimum monthly finance charge of fifty cents will be charged. Service
disconnection will include local premise disconnection of operating systems to
prevent activation and reporting. Systems disconnected due to non-payment will
be reported to local Authorities Having Jurisdiction (AHJ’s), and will require a
Chargable Service call for reactivation. Security Deposits and Pre-Payment may
also be required to reactivate services. Disconnected accounts will be referred
to collections; and a processing fee of $25.00 will be added to each accounts
sent to collections.
35. It is recognized and understood that an Alarm
System is a reporting device at best, and is intended and serves only as a
deterrent and not as a preventative measure and is not to be relied on as a
preventative measure to a crime of burglary or a fire. Because of the electronic
make up of the Alarm System the Customer agrees to continually test the system
as described in the user documentation.
36. Customer agrees to pay any false alarm
assessments, taxes, fees or charges relating to the installation, service, or
monitoring provided by Sierra Security Systems which are authorized or imposed
by any governmental body or organization.
37. All new equipment purchased from Sierra Security
Systems, and Installed by Sierra Security Systems, includes a 365-day parts and
labor conditional limited warranty, whereby Sierra Security Systems will replace
or repair at its option the equipment installed. This warranty generally covers
equipment failure under normal wear and tear and operating conditions, it does
not cover equipment or replacement labor for equipment damaged by the following
acts:
a. Fire, Lightning, Natural Disasters, Snow Slides and
Land Slides, Vandalism, Theft, Acts of God, Acts of unlicensed service
providers, Acts of unqualified or unauthorized individuals, Actions of others
such as the cutting of cables or, the disconnection of systems, devices, wiring,
and telephone lines.
38. Customer understands that the following list of
acts are not covered under any circumstance, under any maintenance contract or
warranty offered by Sierra Security Systems:
a. Fire, Lightning, Natural Disasters, Snow Slides and
Land Slides, Vandalism, Theft, Acts of God, Acts of unlicensed service
providers, Acts of unqualified or unauthorized individuals, Actions of others
such as the cutting of cables or, the disconnection of systems, devices, wiring,
and telephone lines.
39. Customer acknowledges that Sierra Security Systems
has notified customer regarding customer’s obligations relating to privacy and
Audio Monitoring and surveillance.
40. The labor rates specified on any quotation or work
order will be adjusted for "Public Jobs" where prevailing wages are established
and deemed applicable by the state of California who requires alarm technicians
to be classified and compensated as electrical workers under the provisions of
the agreement between The International Brotherhood of Electrical Workers and
The National Electrical Contractors Association 1995 as amended. Customer shall
provide certification indicating whether or not this job is considered a "Public
Job" to Sierra Security Systems before commencement of any work. Discounts with
regards to the labor rate shown in the quotation or work order will apply if the
job is not judged to be a public funded job.
41. All Alarm Systems require telephone lines for
connections to Central Station monitoring. Sierra Security Systems recommends
the legacy design implementation of a single shared analog POTS line with a
local McCaulough Loop branch to each protected building. This provides a
reasonably priced telephone network connection scenario for all the buildings.
Phone line security is archived via special monitoring devices at each protected
building. The local phone company will provide and charge for these lines.
Sierra Security Systems will coordinate ordering, installation and testing of
these lines at no additional cost to the customer.
42. All NFPA Life Safety Fire Alarm Systems require
two telephone lines, one of which must be dedicated to the Fire Alarm System
only. Fire code requires Fire Alarm Systems to have two phone lines, one
dedicated, one shared use. All lines required by the Authority Having
Jurisdiction, shall be provided by the Customer at their own sole expense. All
phone lines and/or communication wiring to be used by the fire or security alarm
system, to transmit signals to the central station shall be installed by, and at
the sole expense of the Customer to the specifications of the National Electric
Code (NEC), the local telephone company, and Sierra Security Systems. Phone
lines must be terminated with lightning protectors in the same building where
the fire or security system control panel is to be located ready for testing by
Sierra Security one week prior to the completion of the system. Phone lines must
consist of the proper type of wiring and protection devices for the specific
installation, such as gopher resistant and water resistant cables in underground
installations or wet locations as required by NEC for communication wiring.
43. All NFPA Life Safety Fire Alarm Systems require a
dedicated branch power circuit and disconnect device. Fire code requires Fire
Alarm Systems and Public Safety Evacuation System to be powered from independent
dedicated commercial power sources with overload protection devices. Customer
will provide these circuits at their expense.
44. If Customer elects to pre-wire building, wiring
and wiring techniques must comply with specifications provided by Sierra
Security Systems. Time and Materials charges in addition to the quoted
installation labor charges may apply for customer consultation regarding
installation procedures, specifications, re-works, or technique issues. Sierra
Security Systems' cautions the Customer that Sierra may deem the pre-wire
installation non-compliant and reserves the right to withdraw further services
without penalty from completing the system installation or providing any further
service.
45. Quotations for services may be based on
availability and usage of existing installed premise wiring. Sierra Security
System does not warrant this wiring, installed by others, to be fit for proper
operation of the Security Alarm Systems, and under no circumstance is Sierra
Security responsible for its fitness for the purpose that was intended or for
any other use whatsoever, nor is Sierra Security responsible for it's
maintenance, or replacement. Additional labor may be charged to install or
correct improper installation of alarm system premise wiring and / or phone
wiring. Sierra Security will install protection device and control equipment at
the locations where "Pre-wiring" or existing wires exit walls, ceilings, door,
and windows, no attempt will be made to relocate security or fire protection
devices to the locations that may best suited for proper installation and
optimum security protection and functionality.
46. Work performed with regards to equipment purchased
from some party other than Sierra Security Systems - Sierra Security Systems
will charge for all labor including phone support and time required to
“re-visit” ongoing issues. No warranty of any kind is provided for where
customer elects to purchase equipment from a third party, this includes labor on
and off the customers premise, telephone consulting, Customer training, and
research efforts.
IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT
SIERRA SECURITY SYSTEMS OR ITS AGENTS IS NOT AN INSURER AND THAT INSURANCE, IF
ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON OR TO CUSTOMER'S
PREMISES SHALL BE OBTAINED BY CUSTOMER; THAT THE CONSIDERATION PROVIDED FOR
HEREIN IS BASED SOLELY ON THE VALUE OF THE EQUIPMENT AS SET FORTH HEREIN AND IS
UNRELATED TO THE VALUE OF THE CUSTOMER'S PROPERTY OR THE PROPERTY OF OTHERS
LOCATED ON CUSTOMER'S PREMISES; THAT SIERRA SECURITY SYSTEMS OR ITS AGENTS MAKES
NO GUARANTEE OR WARRANTY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS THAT THE SYSTEM OR SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES
OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM OR SERVICE MAY BE INTENDED TO
DETECT OR AVERT.General Liability insurance maintained by Sierra Security is for
the sole purpose of protecting the customer from incidents related to Sierra
Security Systems performance on the customers premise related to installation
and service work. Our general liability insurance does not protect the customer
from incidents related to the failure of a security system to operate properly,
or errors and omissions of the monitoring company.The customer agrees and
understands that general Liability insurance maintained by Sierra Security
Systems does not exceed the following limits: General Liability each occurrence
1,000,000, Personal and ADV Injury 1,000,000, General Aggregate 1,000,000,
Products – Comp or Aggregate 1,000,000. Costs of additional insurance coverage
required by the customer will be borne by the customer in addition to prices
shown on quotations.
50. NOTICES
a. If contractor (Sierra Security Systems) fails,
without lawful excuse to substantially commence new installation work within 20
days from the approximate date specified in the installation contract,
contractor is in violation of the Contractors License Law. This notice does not
pertain to follow-up maintenance work performed as part of any maintenance
service requirement or maintenance contract.
b. Contractors are required by law to be licensed and
regulated by the Contractors State License Board, which has jurisdiction to
investigate complaints against contractors if a complaint regarding a patent act
or omission is filed within four years of the date of the alleged violation. A
complaint regarding a latent act or omission pertaining to structural defects
must be filed within 10 years of the date of the alleged violation. Any
questions concerning the contractor may be referred to the Registrar,
Contractors State License Board, Post Office Box 26000, Sacramento, California
95826.
c. State law requires anyone who contracts to do
construction work to be licensed by the Contractors State License Board in the
license category in which the contractor is going to be working if the total
price of the job is $500 or more (including labor and materials). Licensed
contractors are regulated by laws designed to protect the public. If you
contract with someone who does not have a license, the Contractors State License
Board may be unable to assist you with a complaint. Your only remedy against an
unlicensed contractor may be in civil court, and you may be liable for damages
arising out of any injuries to the contractor or his or her employees. You may
contact the Contractors State License Board to find out if this contractor has a
valid license. The Board has complete information on the history of licensed
contractors, including any possible suspensions, revocations, judgments, and
citations. The Board has offices throughout California. Please check the
government pages of the White Pages for the office nearest you or call
1-800-321-CSLB for more information.
d. Under the California Mechanic’s Lien Law, any
contractor, subcontractor, laborer, supplier, or other person or entity who
helps to improve your property, but is not paid for his or her work or supplies,
has a right to place a lien on your home, land, or property where the work was
performed and to sue you in court to obtain payment. This means that after a
court hearing, your home, land, and property could be sold by a court officer
and the proceeds of the sale used to satisfy what you owe. This can happen even
if you have paid your contractor in full if the contractor’s subcontractors,
laborers, or suppliers remain unpaid. To preserve their rights to file a claim
or lien against your property, certain claimants such as subcontractors or
material suppliers are each required providing you with a document called a
“Preliminary Notice.” Contractors and laborers who contract with owners directly
do not have to provide such notice since you are aware of their existence as an
owner. A preliminary notice is not a lien against your property. Its purpose is
to notify you of persons or entities that may have a right to file a lien
against your property if they are not paid. In order to perfect their lien
rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’
lien with the county recorder, which then becomes a recorded lien against your
property. Generally, the maximum time allowed for filing a mechanics’ lien
against your property is 90 days after substantial completion of your project.
51. TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR
PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
a. Require that your contractor supply you with a
payment and performance bond (not a license bond), which provides that the
bonding company will either complete the project or pay damages up to the amount
of the bond. This payment and performance bond as well as a copy of the
construction contract should be filed with the county recorder for your further
protection. The payment and performance bond will usually cost from 1 to 5
percent of the contract amount depending on the contractor’s bonding ability. If
a contractor cannot obtain such bonding, it may indicate his or her financial
incapacity.
b. Require that payments be made directly to
subcontractors and material suppliers through a joint control. Funding services
may be available, for a fee, in your area that will establish voucher or other
means of payment to your contractor. These services may also provide you with
lien waivers and other forms of protection. Any joint control agreement should
include the addendum approved by the registrar.
c. Issue joint checks for payment, made out to both
your contractor and subcontractors or material suppliers involved in the
project. The joint checks should be made payable to the persons or entities
which send preliminary notices to you. Those persons or entities have indicated
that they may have lien rights on your property; therefore you need to protect
yourself. This will help to insure that all persons due payment are actually
paid.
d. Upon making payment on any completed phase of the
project, and before making any further payments, require your contractor to
provide you with unconditional “Waiver and Release” forms signed by each
material supplier, subcontractor, and laborer involved in that portion of the
work for which payment was made. The statutory lien releases are set forth in
exact language in Section 3262 of the Civil Code. Most stationery stores will
sell the “Waiver and Release” forms if your contractor does not have them. The
material suppliers, subcontractors, and laborers that you obtain releases from
are those persons or entities who have filed preliminary notices with you. If
you are not certain of the material suppliers, subcontractors, and laborers
working on your project, you may obtain a list from your contractor. On projects
involving improvements to a single-family residence or a duplex owned by the
individuals, the persons signing these releases lose the right to file a
mechanics’ lien claim against your property. In other types of construction,
this protection may still be important, but may not be as complete. To protect
yourself under this option, you must be certain that all material suppliers,
subcontractors, and laborers have signed the “Waiver and Release” form. If a
mechanics’ lien has been filed against your property, it can only be voluntarily
released by a recorded “Release of Mechanics’ Lien” signed by the person or
entity that filed the mechanics’ lien against your property unless the lawsuit
to enforce the lien was not timely filed. You should not make any final payments
until any and all such liens are removed. You should consult an attorney if a
lien is filed against your property.
52. Protection devices, locations, services, and
functionality, offered by Sierra Security Systems may not fulfill the complete
requirements of the Local Authority Having Jurisdiction. It is highly
recommended that the property owner contact the AHJ prior to accepting any
quotations to determine if any additional protection or modifications are
required.
53. Fire Alarm systems have limitations. It is
important for the customer to understand these limitations; Sierra Security will
provide with the operating instructions a document titled “Limitations of Fire
Alarm Systems”; the customer agrees to read this document.
54. Security Systems require a phone line connection
for Central Station Monitoring, Customer will provide this circuit at their own
expense. Phone line interconnection wiring and labor is included in your
quotation. Alarm Systems require phone lines for reporting signals to the
Central Monitoring Station. Disconnected, Cut, Out-of-Order, or Malfunctioning
Phone Lines will prevent Alarm System from reporting alarm signals to the
Central Station. The owner should take all precautions necessary to cover
outside telephone lines and connections. Cellular, Internet, and Wireless
Central Station Backup Options are available at an additional cost customer
should request these options if back-up telephone service is required by the
customer.
55. Wireless Security Systems requires batteries in
each protection Device. The system will be installed with new batteries that
should operate properly for a period of not less than 12 months. Typical battery
life will range from 24 to 30 months. The warranty provided with your system
covers all device batteries that indicate a low condition, this includes their
replacement labor costs for a period of one year. After the one-year period
battery replacement costs are the responsibility of the customer. Device
Batteries that do not indicate a low condition can, at the option of the
customer be replaced prior to the end of the warranty for the cost of a minimum
service call, and the cost of the additional batteries. Improperly functioning
devices may significantly reduce battery life, batteries needing to be replaced
due to improperly functioning devices, environmental conditions or misuse are
not covered by the warranty.
56. General Contractors - Sierra Security Systems has
provided the General Contractor with this documents titled “Sierra Security
Systems, Inc. Terms and Conditions”, a document Titled “Quotation / Job
Acceptance Agreement”, and a document titled “Alarm Monitoring Agreement”. These
documents are being executed simultaneously with contracts provided by the
General Contractor. All references in all agreements between the parties that
refer to the “Only Agreement” are struck in all agreements. The language and
stipulations in these related agreements may differ from that of the counterpart
Agreements. In those cases where language or stipulations in this agreement
differs in its legal meaning, with the General Contractors Agreement, the
General Contractors Agreement shall prevail. When the documents provided by
Sierra Security Systems contain language and stipulations whose legal meaning
are not presented in the General Contractors Agreement, the language in the
Sierra Security Systems documents is agreed upon, and shall prevail.
57. Customer shall provide and maintain as changes
occur a list of authorized individuals known as the “authorized and/or
responding” parties list. The list shall contain all current individuals that
are authorized to access or respond to the protected premise. This list shall
contain individuals names, telephone numbers, and other related information
required for the Monitoring Company to perform its activities. Customer agrees
to provide all changes to this information in writing in a responsible timely
manner. It is the customer’s sole responsibility to keep these parties and their
call-out data updated and current with the monitoring company. Sierra shall not
be responsible for issues stemming from outdated lists and information.
Confidential Customer Information shall be used for providing customer services,
alarm monitoring, dispatching, and Law Enforcement and Fire Prevention
activities only. This information will not be provided to any third party other
than law enforcement agencies and / or the fire authorities having jurisdiction.
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