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HomeMy WebLinkAbout2011-06-18 - Moon Security Services Inc - General Agreements / General Service Agreements�J&m rr'c ,r � ° ' Lr Cry ? Ccz--f l4'� 7q'la J c Mrf)VI ! 1W] r,'4-A,1 . ( iM V- PI/,,) PROTECTING Moon Security Services Inc. PROTECTING YOU YOU PO Drawer B, Pasco WA 99302 I I (509) 545-1881 / (800) 722-1070 Email: dataentry@moonsecurity.com Customer Information Account # Telephone 509 884-9811 Account Name EAST WENATCHEE POLICE Address 271 9th STREET NE - City AST WENATCHEE State WA. Zip 98802 Responsible Parties List all persons who have a key and can be called to respond in the event emergency signals are sent from your panel. Notate the applicable permissions that each RP has. They will be called in the order listed. First & Last Name Telephone Number Type DOB or Passcode Can Edit Can Test Y N Y N Wqff Glom sers List all persons who will have access to the alarm system and permission to cancel alarms if accidentally activated. Notate the applicable permissions that each User has. First & Last Name Combination User # DOB or Passcode Can Edit Can Test Y7 N Y N Schedules pecial Instructions Extended Monitoring Only! Times should reflect when the system will be armed & disarmed instead of the business hours. List any special instructions you would like followed. ForExample: Specialized dispatch instructions or call list orders based on times & dates. Open Close Day Monday Tuesday Wednesday Thursday Friday Saturday Sunday Signature: Date: 6 9 /t PROPOSAL / SALES / MONITORING AGREEMENT PR°YOU I�vG MOON SECURITY SERVICES INC. Corporate Headquarters Northeastern Washington/Idaho Office Central Washington Office P.O. Drawer B 209 South Washington 636 Valley Mall Parkway #A2B Pasco, WA 99302 Spokane, WA 99201 East Wenatchee, WA 98802 (509) 545-1881 • 1-800-722-1070 (509) 459-1018 • 1-800-722-1070 (509)886-7895 • 1-800-722-1070 Fax: (509) 545-4585 Fax: (509) 624-4726 Fax: (509) 886-7427 SITE ADDRESS: I I BILLING ADDRESS: Subscriber Information: Street Address EAST WENATCHEE POLICE City. 271 9th STREET NE State Telephone: CACT %A/CAiATnur-rE-mail: .e►r A/R Information: Dept: 20 Mailing Address: zip city: SAME Telephone: 509 884-9811 HOOKUP FOR MONITORING PRICE MATCH MONITORING *This Proposal/Agreement may be voided if not signed by authorized manager within 30 days. *Customer understands that they are responsible to furnish and maintain an analog landline or purchase a digital communicator to be able to communicate signals to MSSI Central Station. 99'!1r2011 State Zip E-mail: OFFICE USE ONLY Acct # Billing Cycle: (_)Month (_)Quarter (_)Semi -Annual (_) Annual Transaction Type TABLE I (_) Direct Sale - Equipment shall become property of the customer upon payment of system price indicated herein. (_) System To Remain Property of MSSI - See paragraph "P" on the reverse side of this agree- ment. (_) Promo Package Sale/Rental - See paragraph "Q" on the reverse side of this agreement. *. Dispatch TABLE II Please do not dispatch on burglar alarm signals for 7 days once system is online. Back -Up Communications TABLE III I understand my alarm system will not send signals if phone lines are disabled, cut or go out. MSSI recommends a redun- dant backup means of communication in the form of Long Range Radio or Cellular (Depending on location). Decline - I would like to decline this added protection at this time. Please INITIAL if declined _ _Monthly Service &_Fees_ _TABLE IV_ TYPE OF MONITORING SERVICE (_) Fire (_) Burglary (_) Holdup (_) Duress (_) Supervisory MONITORING SERVICE FEES Fire Monitoring $ Basic Security $ Basic Plus $ Extended $ Open/Close Reports $ Partition(s) () $ Keyholder (_)Annual (_)Monthly $ First Response $ PREMIUM SERVICE FEES Monthly (_)Lease (_)Rental $ Cellular Backup`* $ *"Equipment and Installation not included System Inspection USemi UAnnual $ Service Agreement $ Sensitivity Testing $ Extended Warranty $ Other MONTHLY RECURRING TOTAL* $ * Plus applicable taxes Customer agrees to pay $ per month for a period of year(s) as set forth in Table IV from the date system is operative under this service agreement. After the year(s), this agreement shall be automatically renewable yearly unless terminated by either party upon written notice at least thirty days prior to the anniversary date. MSSI must be allowed unfettered access to site for service termination. Failure to do so will result in continuation of contract billing. MSSI shall have the right to change the monitoring/ service/warranty rates after the first year of the initial term of the contract with 30 days written notice. IT IS UNDERSTOOD THAT MOON SECURITY SERVICES, INC. IS NOT AN INSURER, THAT INSURANCE, IF ANY SHALL BE OBTAINED BY THE CUSTOMER AND THAT THE AMOUNTS PAYABLE TO MOON SECURITY SERVICES, INC. HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF THE CUSTOMER'S PROPERTY OR PROPERTY OF OTHERS LOCATED IN CUSTOMER'S PREMISES. MOON SECURITY SERVICES, INC. MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES CONSEQUENCES THEREFROM, WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM FAILURE ON THE PART OF MOON SECURITY SERVICES, INC. TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER. THE CUSTOMER DOES NOT DESIRE THE CONTRACT TO PROVIDE FOR FULL LIABILITY OF MOON SECURITY SERVICES, INC. AND AGREES THAT MOON SECURITY SERVICES INC. SHALL BE EXEMPT FROM LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THEREFROM, WHICH THE SERVICE OF SYSTEM IS DESIGNED TO DETECT OR AVERT; THAT IF MOON SECURITY SERVICES, INC. SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO $250.00 AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AS THE EXCLUSIVE REMEDY; AND THAT THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF MOON SECURITY SERVICES, INC., ITS AGENTS OR EMPLOYEES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST MOON SECURITY SERVICES INC. LATER THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFORE. IT IS FURTHER AGREED THAT LIMITATIONS ON LIABILITY, EXPRESSED HEREIN, SHALL INSURE TO THE BENEFIT OF AND APPLY TO ALL PARENT, SUBSIDIARY AND AFFILIATED MOON SECURITY SERVICES INC. COMPANIES. IF THE CUSTOMER DESIRES MOON SECURITY SERVICES, INC. TO ASSUME A GREATER LIABILITY, MOON SECURITY SERVICES, INC. SHALL AMEND THIS AGREEMENT BY ATTACHING A RIDER SET- TING FORTH THE AMOUNT OF ADDITIONAL LIABILITYAND THE ADDITIONAL AMOUNT PAYABLE BY THE CUSTOMER FOR THE ASSUMPTION BY MOON SECURITY SERVICES, INC. OF SUCH GREATER LIABILITY PROVIDED, HOWEVER, THAT SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD MOON SECURITY SERVICES, INC. AS AN INSURER. IN THE EVENT ANY PERSON, NOT A PARTY TO THIS AGREEMENT, SHALL MAKE ANY CLAIM OR FILE ANY LAWSUIT AGAINST MOON SECURITY SERVICES, INC. FOR FAILURE OF ITS EQUIPMENT OR SERVICE IN ANY RESPECT, CUSTOMER AGREES TO INDEMNIFY AND HOLD MOON SECURITY SERVICES, INC. HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEY'S FEES. IF THIS AGREEMENT PROVIDES FOR A DIRECT CONNECTION TO A MUNICIPAL POLICE OR FIRE DEPARTMENT OR OTHER ORGANIZATION, THAT DEPARTMENT OR OTHER ORGANIZATION MAY INVOKE THE PROVISIONS HEREOF AGAINST ANY CLAIMS BY THE CUSTOMER DUE TO ANY FAILURE OF SUCH DEPARTMENT ORGANIZATION. IF ABANDONED LOW VOLTAGE WIRE IS PRESENT; WHETHER INSTALLED BY MSSI, OWNER OR OTHER VENDOR, THE CUSTOMER AT HIS EXPENSE, SHALL HAVE ALL WIRE REMOVED ON A TIME AND MATERIAL BASIS. PLEASE INITIAL HERE Prepared by Date Authorized Manager' of MOON SECURITY SERVICES, INC. Date Customer Acceptance: IN ACCEPTING THIS PROPOSAL, CUSTOMERAGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN INCLUDING THOSE ON THE REVERSE SIDE. It is understood that they shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OF LIABILITY AND OTHER CONDITIONS ON REVERSE SIDE. Customer Name (please print) Customer Signature Title Date ' This Agreement is not binding unless approved in writing by an authorized Manager of MOON SECURITY SERVICES, INC. In the event of failure of such approval, the only liability of MOON SECURITY SERVICES, INC. shall be to return to the Customer the amount, if any, paid to MOON SECURITY SERVICES, INC. upon signing of this Agreement. TERMS AND CONDITIONS A. Signal Receiving and Notification Service shall be provided by MOON SECURITY SERVICES, INC. (Herein after referred to as MSSI) If the reverse side of the Agreement includes a charge for Signal Receiving and Notification Service and in the event an alarm signal registers at MSSI Central Station, the signals received will be handled as determined by the following standards: UL827, UL681, NFPA72 or city, county, state or federal authorities having jurisdiction. A=1. In the event ALARM VERIFICATION SERVICE is being furnished, it is mutually understood and agreed that equipment is being installed which, as to certain locations in the premises, will require the activation of two sensing devices, or a second activation of a single two sensing device, or a second activation of a single alarm sensor, or a continuous alarm event from a single sensor, in order for an alarm signal to be transmitted. A2. It is mutually agreed that the Customer assumes full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transmitting equipment at Customer's premises. A 3. The Customer represents that any vault to be protected by MSSI hereunder by sound or vibration detector systems has the minimum construction characteristics prescribed by the Underwriter's Laboratories Inc. A=4. The Customer agrees to test any ultrasonic, microwave, capacitance or other electronic equipment designated on the Schedule of Protection prior to setting the alarm system for closed periods, according to procedures prescribed by MSSI, and to notify MSSI promptly in the event that such equipment fails to respond to the test. A=5. Communication Facilities - A.5a. AUTHORIZATION - Customer authorizes MSSI to make requests for information, service, orders or equipment in any respect on behalf of Customer to a telephone company (THE "Telephone Company") or other entity providing facilities, dial -tone or services for transmission of signals under this agreement. A.5b. DIGITAL COMMUNICATOR - If connection to the MSSI Central Station is to be by Digital Communicator, the Customer agrees to provide a connection via a regis- tered telephone jack or plain old telephone service line required for the MSSI equipment. Such connection shall be electrically first before any other telephone or Customer equipment, and shall be within 10 feet of the MSSI Control Panel. If requested by the Customer, MSSI shall provide such connection at the cost of the Customer. The Customer understands that if a digital communicator is installed under this Agreement, it uses standard telephone lines as the transmission mode of sending signals and eliminates the need for dedicated telephone facilities and the large cost increases frequently imposed on such facilities. Customer also understands that MSSI does not receive signals when the transmission mode is or becomes non -operational and that signals from the digital communicator cannot be received if the transmission mode is cut interfered with or otherwise damaged A Vic. The customer understands and agrees that the Telephone Company may choose to limit it's liability for the failure of the communication facilities. It is the Customer's responsibility to get the Telephone Companies policies and limitations of liabilities with regards to alarm signals. B. WARRANTY: If direct sale is indicated on the reverse side, any part of the system, including the wiring, installed under this Agreement which proves to be defective in material or work- manship within one (1) year from the date of completion of installation will be repaired or replaced at MSSI option with a new or functionally operative part. Labor and materials required to repair or replace such defective components will be free of charge for a period of Ninety (90) days following the completion of the original installation. All equipment listed herein shall have a warranty only as provided by the manufacturer, not to exceed one (1) year. BB=1. This Warranty does not apply to the conditions listed below and in the event Customer calls MSSI for service under the Warranty and upon an inspection by a MSSI representative it is found that one of these conditions has led to the inoperability or apparent inoperability of the system, a charge will be made for the service call of the MSSI representative whether or not he actually works on the system. Should it actually be necessary to make repairs to the system due to one of the "Conditions" not covered by Warranty, a charge will be made for such work at MSSI then applicable rates will be charged for labor and materials. Service will be furnished by MSSI during its normal working hours, 8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays. B=2. Conditions not covered by Warranty: A) Damage resulting from accidents, acts of God, alteration, misuse, tampering or abuse. B) Failure of the Customer to properly follow operating instructions provided by MSSI at the time of installation or at a later date. C) Adjustments necessitated by misalignment of CCTV cameras, improper adjustment of monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s). D) Trouble due to interruption of commercial power or to the phone service. B-3. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. THE PURCHASE'S EXCLUSIVE REMEDY WITH RESPECTTOANYAND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING MSSI NEGLIGENCE, SHALL BE REPAIRED OR REPLACED AS SPECIFIED ABOVE. MOON SECURITY SERVICES, INC. SHALL IN NO EVENT BE LIABLE FORANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OFANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY MSSI OR NEGLIGENCE OF MSSI OR OTHERWISE. D SERVICE: If the reverse side of this agreement indicates this service is being provided, MSSI will, upon Customer's request, provide ordinary service and repair of such system due to normal wear and tear and bear the expense thereof. The expense of all extraordinary service and repair due to alterations in the Customer's premises, alteration of the system made at the request of the Customer, or made necessary by changes in the Customer's premises, damage to the premises or to the alarm system, or to any cause beyond the control of MSSI, shall be borne by the Customer. The Customer agrees to furnish any necessary electric current through the Customer's meter and at the Customer's own expense with an outlet within 10 feet of MSSI Control Panel. It is mutually agreed that the work of installation and MSSI repairs of the system shall be performed between the hours of 8:00 a.m. and 4:30 p.m., exclusive of Saturday, Sundays and holidays. C=1. EXCLUSIONS: Service on the following devices will be provided only on a time and material basis: (1) window foil, (2) security screens, (3) any exterior mounted devices, (4) PROM (Programmable Read Memory), (5) Conditions not covered by Warranty listed above in paragraph B. C=2. It is understood and agreed that MSSI obligation relates to the service solely of the specific protection system, and that MSSI is in no way obligated to maintain, repair, service, replace, operate or assure the operation of any device or devices of the Customer or of others not installed by MSSI C-3. If not contracted for before the expiration of the Warranty, MSSI will enter into a Service Contract only after inspection of the system and making any necessary repairs or replace- ments to the system at a charge to the Customer for labor and/or material at MSSI then prevailing rates. C=4. INSPECTION: MSSI will provide the number of inspections of the Alarm system only as specified on the reverse side of this Agreement between the hours of 8:00 a.m. and 4:30 p.m., exclusive of Saturdays, Sundays and holidays and subject to the exclusions set forth above for service. C 5. If the Customer requests that the MSSI representative remain at the premises pending Customer's arrival, and MSSI agrees to comply, the Customer will be charged at MSSI. the prevailing rate for labor. D. IF CCTV EQUIPMENT IS INVOLVED, Customer will provide adequate illumination under all operational conditions for the proper operation of the closed circuit television camera and will provide the 110 AC power supply where required as well as shelf or desk space for monitors. E. A direct connection to the Municipal Police, Fire Department or other agency shown shall be provided if the reverse side of this agreement provides for such direct connect service. It is mutually understood and agreed that signals transmitted hereunder will be monitored in Municipal Police and/or Fire Departments or other location and that the personnel of such Municipal Police and/or Fire Departments or other location are not the agents of MSSI nor does MSSI assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. jc,. At MSSI option, the Customer may be charged for any false alarm caused by the Customer or for any unnecessary service run. B CANCELLATION: If Central Station or Direct Connection is furnished, this agreement may be terminated at the option of MSSI. If MSSI Central Station is substantially damaged by fire or catastrophe, or if MSSI is unable to have connections or privileges necessary to transmit signal between the Customer's premises, MSSI Central Station or the Municipal Fire or Police Department or other agency and MSSI shall not be liable for any damages or subject to any penalty as a result of such termination. H , It is understood and agreed that this agreement may be terminated by MSSI in the event that the Customer fails to follow any recommendations MSSI may make for the repair or replace- ment of defective parts of this system not covered under the Warranty or Service Contract or in the event that the Customer's failure to follow the operating instructions provided by MSSI resulting in an undue number of false alarms or if the premises in which the system is installed are so modified or altered after installation as to render continuation of service impractical. 1. MSSI ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE EQUIPMENT, OR FOR INTERRUPTIONS OF THE EQUIPMENT, OR FOR INTERRUPTIONS OF SERVICE DUE TO STRIKES, RIOTS, FLOODS, FIRES, ACTS OF GOD OR ANY CAUSES BEYOND THE CONTROL OF MOON SECURITY SERVICES, INC., AND WILL NOT BE REQUIRED TO SUPPLY SERVICE TO THE CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE SHALL CONTINUE. J,, This agreement is not assignable by the Customer except upon written consent of MSSI first being obtained. MSSI shall have the right to assign this agreement or to subcontract any of its obligations under this agreement without notice to Customer. jK SELLER'S RIGHT TO FILE MECHANIC'S LIEN. Buyer acknowledges that he is aware that if the buyer defaults in the performance of any of the terms or conditions of this agreement, Seller may have the right to record a Mechanics Lien upon any property upon which seller has bestowed labor and/or furnished materials or appliances, for the value of such labor done, or materials furnished, and/or the value of the use of such appliances or equipment, whether done or furnished at the instance of the owner or any person acting by or under the authority of the owner, or under the owner as a contractor or otherwise. Buyer shall furnish seller with the names and addresses of the owner and construction lender, if any. Buyer additionally grants to seller a security interest in the system to secure any payments due under this agreement. J,,., DEFAULT. In the event of any default on the part of the Subscriber, including but not limited to the failure to make any payment as agreed herein, one hundred percent (100%) of the unexpired term of this Agreement shall become immediately due and payable at the option of the Company. In addition, Subscriber agrees to pay to Company all sums to which Company may be entitled under the law of virtue of the said default, including attorney and/or collection fees. Removal of the system or equipment as herein above set forth shall not be considered to constitute a breach by the Company of this Agreement or waiver of the Company to any such damages. In the event Subscriber shall be delinquent in the payment of any of the services provided herein, Subscriber agrees to pay to Company interest at the rate of 18% per annum from the date of delinquency. M. IN THE EVENT THAT BUYER SHALL BE DELINQUENT IN THE PAYMENT OFA PROGRESS PAYMENT ORANY OTHER INSTALLATION CHARGE, THE BUYER HEREBYAGREES TO PAY TO SELLER INTERESTAT THE RATE OF 1 1/2% PER MONTH FROM THE DATE OF DELINQUENCY ON THE AMOUNT OF THE PROGRESS PAYMENT THEN DUE, OR THE MAXIMUM LAWFUL RATE ALLOWED IF SUCH IS GOVERNED BY STATUTE. &ATTORNEY'S FEES: In the event it shall become necessary for the Seller to institute legal proceedings to collect the cost of installation or any progress payments as set forth herein, then and in the event the unsuccessful party shall pay to then successful party responsible attorney's fees. Venue shall be in Franklin County, Washington. Q, If the system is leased, MSSI shall have the right to increase the annual service charge after 1 year. In the event of termination prior to the end of the contract term, the Customer agrees to pay, in addition to any charges for services rendered prior to termination, 40% of the service charge remaining to be paid for the unexpired term of the agreement. js MSSI may remove or upon written notice to the Customer, abandon in whole or part, all devices, instruments, appliances, cabinets, and other materials associated with the system, upon termination of this agreement, without obligation to repair or redecorate any portion of the Customer's premises upon such removal, and the removal or abandonment of such materials shall not be held to constitute a waiver of the right of Moon Security to collect any charges which have been accrued or may be accrued hereunder. Q. MSSI maintains ownership of equipment listed in Promo Package System and all aspects of Paragraph P apply. Any additional Items (add-ons) will be considered a direct sale to the customer and shall become the ownership of the customer upon payment in full as detailed in this agreement. All warranties as described in Paragraph B of this agreement apply to both the Promo Package System and additional items. Promo package requires 3-year monitoring term. At the end of the initial term obligation, MSSI shall transfer ownership of Promo Package Equipment to Customer. R. The customer agrees to pay, in addition to the service charges above, any false alarm assessments, taxes, fees or charges above, that are imposed by any governmental body, relating to the installation or service provided under this Agreement and to pay an increase in charges to MSSI for facilities required for transmission of signals under this Agreement. S. In the event a MSSI representative is sent to the Customer's premises in response to a service call or alarm signal caused by the Customer improperly following operating instructions, or failing to close or properly secure a window, door or other protected point, or improperly adjusting monitors or accessory components, there shall be a service charge to the Customer. T. Any installation charge quoted in this agreement is based on MSSI performing the installation with its own personnel. If for any reason this installation must be performed by outside Con- tractors, said installation charge shall be subject to revision. U. Customer has the authority to engage MSSI to carry out the installation in the premises. If Customer is not the owner of the premise to which the equipment is being installed, the Customer warrants its permission from Legal Owner to proceed with installation as per this agreement. V. If any of the provisions of this agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. W. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND MOON SECURITY SERVICES, INC. IN EXECUTING THIS AGREEMENT, CUS- TOMER IS NOT RELYING ON ANY ADVICE OR ADVERTISEMENT OF MOON SECURITY SERVICES, INC. CUSTOMER AGREES THAT ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, NOT INCLUDED IN WRITING IN THIS AGREEMENT SHALL NOT BE BINDING UPON ANY PARTY, AND THAT THE TERMS AND CONDITIONS HEREOF APPLY A PRINTED WITHOUT ALTERATION OR QUALIFICATION, EXCEPT AS SPECIFICALLY MODIFIED IN WRITING. THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL GOVERN NOTWITHSTANDING ANY INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS ORANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY THE CUSTOMER.