Terms and Conditions of Sale & Service

This is an Agreement (the “Agreement”) between you (hereinafter “you” or “Customer”) and JRB Surveillance Technologies, LLC d/b/a Tulsa Surveillance Tech (“TST”) (hereinafter collectively the “Parties”).  Please review this Agreement and these Terms and Conditions of Sale & Service carefully, as this Agreement governs and sets forth the Customer’s rights and obligations with respect to your purchase of equipment and/or services from TST, including, but not limited to, important limitations and exclusions relating to product and labor warranties, and terms of payments.  This Agreement further sets forth the rights and obligations of TST, including any warranties provided and/or assigned to you, as well as TST’s lien and repossession rights in the event Customer breaches this Agreement.  Customer agrees to be bound by the terms and conditions herein by allowing TST to provide Customer with goods and services, whether by written bid or otherwise, and/or by submitting a deposit or payment of any kind to TST.

Payment Methods and Terms.

Customer agrees to pay TST the sum agreed upon by the Parties as follows (unless expressly agreed otherwise in writing signed by TST) one-half (1/2) of the bid/estimate amount is due upon Customer’s acceptance thereof, with the balance due within thirty (30) days of completion of the work described therein. Payment may be made using the following methods: USD, check or major credit cards (credit card fees may apply).  All personal property installed by TST shall remain the property of TST until TST receives full payment for the goods and services it provides Customer.

Limited Warranties.

TST warrants that its work will be completed in a professional and workmanlike manner in accordance with industry standards. TST will warrant all labor for ninety (90) days from the date of completion of the work. TST will warrant all parts for one (1) year from the date of completion of the work, or stated manufacturer warranty, whichever is greater. TST will not provide any further warranties relating to the parts or labor provided by TST, and ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND WAIVED BY CUSTOMER TO THE MAXIMUM EXTENT ALLOWED BY LAW.  The warranties contained herein warrant that the workmanship and materials will be free from defects under normal use and conditions for the periods set forth above. Additional product warranties may be offered by the manufacturer(s) of the goods purchased by TST for Customer. TST will take reasonable steps and use reasonable efforts to assign any manufacturer warranties to Customer to the extent such warranties are provided, and assignment thereof is permitted; however, TST shall not be liable for any disputes between Customer and any product manufacturer.  The limited warranties provided herein, including but not limited to any agreement for TST to assign any manufacturer warranties, shall only apply to the original purchaser/Customer of the goods and services from TST, and shall be non-transferrable.  While under warranty, TST shall have the sole discretion whether to replace or repair the goods and services Customer purchased from TST, which will be determined based upon the cause(s) of any defect or malfunction. THE LIMITED WARRANTIES PROVIDED HEREIN SHALL NOT APPLY TO ANY MISUSE, VANDALISM, OR INTENTIONAL ACTS OF CUSTOMER OR THIRD-PARTY, and do not include labor for trouble shooting or replacing equipment after the labor warranty period expires.

Performance and Functionality.

TST can neither guarantee nor warrant the effectiveness of any surveillance or security system in deterring crime or capturing images with sufficient clarity to identify individuals, license plate numbers, or similar details.  The capabilities and functionality of the products purchased by Customer from TST will vary based upon the product selected, the product location, lighting, weather, visibility, and numerous other factors. TST will use its best efforts to achieve the best results and highest resolution images for Customer based upon the capabilities of the equipment but cannot and will not guarantee with specificity any outcomes or specific performance of Customer’s equipment and products, nor such products’ fitness for a particular purpose. Further, TST cannot guarantee 100% up-time or performance of the equipment. Customer acknowledges and understands that the products and equipment provided by TST include software and technology that cannot be guaranteed to be free from glitches, failures, or other periodic interruptions.  Further, in some instances the products and equipment installed by TST require the use of internet services. TST cannot guarantee your internet service and speeds will be uninterrupted or sufficient to operate the system installed by TST without interruption. It is Customer’s responsibility to notify TST of any outages, failures or malfunctions in the equipment and/or performance of Customer’s system(s), and to provide adequate bandwidth for operation thereof at all times. Customer is solely responsible for system connectivity.

Lien Rights.

Customer is hereby advised that TST shall have the right, at its sole discretion, to place a lien upon any real property, including improvements thereon, where it provides good, materials, labor and/or services for any amounts owed to TST by Customer for the goods, materials, labor and/or services provided. TST’s lien rights shall apply to both residential and commercial properties, whether the property is considered your homestead or otherwise. TST’s failure to exercise its lien rights, or any other rights provided to TST by law or in equity, shall not be waived unless such waiver is agreed to in writing by TST and executed by an authorized agent of TST. TST shall further have a security interest in the equipment purchased by Customer and shall have the right to repossess the equipment for non-payment or breach of this Agreement.  TST shall further have the right to remotely disconnect or disable Customer’s services for Customer’s failure to pay for the labor, goods or services in accordance with this Agreement.

Site Preparation.

Customer shall have the job/work site ready on the agreed upon day for installation of the equipment purchased from TST by Customer. This includes, but is not limited to, having sufficient power, proper access to power, and having sufficient bandwidth and/or internet services as needed pursuant to TST’s recommendations.

Waiver of TST’s Liability for Acts of Others.

TST shall not be responsible for criminal acts of others. Customer is responsible for maintaining the confidentiality of its login, password and PINs, and maintaining the security of its system(s) and property. TST will use reasonable efforts to prevent any unauthorized access, use, invasion of privacy, theft or other crimes committed by employees or contractors of TST, but will not be liable for any such acts under any circumstances.

No Event Monitoring Services.

TST shall not be responsible for monitoring Customer’s surveillance equipment or cameras for uptime and/or surveillance. The foregoing is Customer’s sole responsibility. Customer acknowledges that TST is neither an alarm nor security company and is not providing Customer with event monitoring services. If TST does agree in writing to provide any type of event monitoring services to Customer, now or in the future, TST shall not be liable for any damage, act or loss arising from TST’s failure to notify Customer and/or emergency service providers of any event(s) captured or observed by the equipment installed by TST.

Limitations of Liability.

Under no circumstances will TST be liable to Customer for any consequential or incidental damages, including without limitation, damages for personal injury or damages to real or personal property. Under no circumstances shall TST be liable for any loss, damage or injury under any legal theory relating in any way to this Agreement in an amount in excess of the amount paid by Customer for the goods and services provided to Customer by TST. Any payments to TST are non-refundable. TST shall not be required to return or repay any deposits, down payments or other funds received by Customer prior to completion of the work being performed by TST, including but not limited to, demands resulting from Customer’s attempt to terminate this Agreement prior to completion of the goods and services being provided by TST. Upon acceptance of this Agreement the Customer shall be responsible for full payment for the goods and services being furnished, and no provision contained herein shall limit TST’s right(s) to enforce this agreement or recover damages pursuant hereto, whether by law or in equity.

Assignment.

Customer may not assign this Agreement without prior written consent from TST. TST has the right to assign this Agreement, or to subcontract any of its obligations under this Agreement, without prior approval or notice to Customer.

Choice of Law and Forum.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oklahoma, and any action to enforce this Agreement shall be brought exclusively in state or federal court in Tulsa, Oklahoma.

Waiver of Jury.

The Parties hereby waive, to the fullest extent permitted by law, any rights they may have to a trial by jury in any legal proceeding which directly or indirectly arises out of, or relates to, this Agreement or the transaction(s) contemplated herein. In the event this provision is determined to be unenforceable by a court of competent jurisdiction, it shall be stricken from this Agreement and the remaining terms and conditions shall remain in full force and effect.

Severability.

In the event one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions, terms and/or conditions of this Agreement, and the Agreement shall be construed and reformed as if such invalid, illegal or unenforceable provision or provisions were never contained herein.