A. To indemnify, defend and hold harmless AMI, its owners, directors, officers, employees, agents, suppliers or affiliated
companies, against any and all claims, demands or actions based upon any losses, liabilities, damages or costs,
whether direct or indirect, special or consequential, including attorney’s fees, that may result from the operation of
AMI's products and services, or from the failure of the AMI system to report a given event or condition
B. To release, waive, discharge and covenant not to sue AMI, its owners, directors, officers, employees, agents,
suppliers or affiliated companies, for any and all liabilities potentially arising from any claim, demand or action based
upon any losses, liabilities, damages or costs, whether direct or indirect, special or consequential, including attorney’s
fees, that may result from operation of AMI's products and services, or from the failure of the AMI system to report a
given event or condition.
C. That in the event AMI is found to be liable for any loss or damage arising out of mistakes, AMI’s, interruptions, delays,
errors or defects in AMI’s products or services, such liability shall not exceed the total amount paid by the Customer to
AMI for the services or $250.00, whichever is greater.
D. That the AMI hardware includes a limited warranty that the product is free from defects in materials and workmanship
for a period of one year from the date of delivery. AMI's obligation under this limited warranty is limited to repairing
or replacing the product, at AMI's option, unless the product has been misused or improperly repaired or serviced by
any party other than authorized AMI personnel, in which case the limited warranty is voided. Other than this limited
warranty, AMI's products and services are provided with no other guarantees or warranties, express or implied,
including any warranties of merchantability or fitness for a particular purpose.
E. That neither AMI nor its owners, directors, officers, employees, or agents are an insurer and that the Customer is to
maintain their own insurance coverage sufficient to provide compensation for any loss, damage, or expense that may
arise in connection with the use of AMI's products or services.
6. Customer further understands and agrees that AMI's products and services are intend to monitor and notify Customer
of events only relating to Customers non-critical mechanical and electrical equipment and are not intend to be use for
a primary life-safety, burglary, fire-detection and reporting system.
7. Customer is responsible for the ongoing, periodic testing of the AMI system, and shall notify AMI immediately if any
failures are found. AMI shall use all reasonable efforts to identify and resolve the perceived failures, but in no case will
be obligated to travel to the Customer's premises to perform diagnostic or corrective actions.
8. Should the Customer choose to utilize AMI equipment and services to perform manual or automatic control for
external equipment such as pumps, wells, or valves, Customer acknowledges that AMI performs this service on a
best efforts basis. AMI recommends that Customer not rely on AMI solely for the control of remote relay activated
devices and that customer should make provisions for alternate means of remotely or locally operating said controls.
AMI strongly recommends that Customer make electrical or mechanical provisions at the remotely controlled site
equipment that will alleviate, or reduce the risks associated with the failure by AMI to properly control said remote
relay control functions. Customer understands and acknowledges that there are other providers of such remote or
local control technologies.
9. Customer agrees to pay AMI for a monthly per unit monitoring fee, which is to be prepaid on an annual basis, as
indicated in Customer's invoice. The first annual service fee and hardware cost are to be paid within 30 days from
the date of shipment of the AMI hardware. Although the hardware cost and monitoring fees are due and payable
within 30 days of shipment from AMI’s factory, Customer may receive up to 90 days of service credit on the first term
service, per monitored unit, for units not installed up to 90 days after shipment. Units not installed within 90 days from
shipment will be billed as active, whether installed or not. Service credit will be applied to the second-year service
period. After the expiration of the initial one-year term, this Agreement shall automatically renew for additional one-
year periods, unless canceled by written notice to AMI at least sixty (60) days prior to expiration date of the then
current term. Once a field RTU is in service, AMI shall not increase that device's annual monitoring fees by an amount
greater than the percentage increase in the United States Bureau of Labor Statistics "Consumer Price Index.”
10. The Customer understands the intended uses of AMI's products and services and will ensure that they are used in an
intended and safe manner. AMI reserves the right to remotely take out of service any field unit that generates more
than twenty five (25) alarm messages in any one day period. AMI may keep the offending field unit out of service
until AMI and the Customer have agreed how to prevent the unit from transmitting further excess messages or made
alternative arrangements. In addition, it is agreed that AMI personnel will be contacted if the Customer does not know
how to install or operate AMI's products and services.
11. The Customer acknowledges that he/she has read and understands this Customer Service Agreement, and that he/
she agrees to its terms and intends to be bound by them. The Customer further understands that this Agreement is
intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid. It is agreed
that the balance of the agreement shall, notwithstanding, continue in full legal force and effect.
12. Regardless of the place of contracting or performance, this Agreement and all questions relating to its validity,
interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of
the State of Nevada, and that any suit, action or other legal proceeding involving this Agreement shall be brought
exclusively within the State or Federal Courts of Las Vegas, Nevada.
13. The parties hereto acknowledge and agree that this Agreement contains the entire agreement between AMI and the
Customer, and that there are no other representations, inducements, promises, or agreements, oral or otherwise,
which are not embodied herein.
