Equipment and Services.
The Purchaser expressly acknowledges and agrees that all Equipment shall at all times remain the property of BAX Security Inc. Upon termination of this Agreement or any Monitoring Agreement related to the Equipment, BAX Security Inc. shall have the right to enter the Purchaser’s premises and remove the BAX Security Inc.-owned equipment.Until such time as the purchase price and all interest thereon and costs payable under the Agreement are paid in full and all other provisions of this Agreement and any Monitoring Agreement related to the Equipment have been satisfied, title to the Equipment shall remain vested in BAX Security Inc. The reservation of title above constitutes a purchase money security interest servicing the punctual payment of all amounts payable under this Agreement and the performance of all other obligations of the Purchaser under this Agreement. Until the occurrence of an act of Default, the Purchaser may have possession of and use the Equipment in any lawful manner consistent with this Agreement. Where the Equipment is repaired or additions or other alterations are made to any of the Equipment, all property and rights in any replacement part or other good that becomes attached to the Equipment shall be vested in BAX Security Inc. Failure to pay the purchase price of the installed Equipment when due, shall give BAX Security Inc. the right, without obligation to redecorate or repair the premises, or any other liability, to repossess the Equipment with or without notice, and to avail itself of any legal remedy, at the expense of the Purchaser, for the balance of monies due, for the full unexpired term of this Agreement. BAX Security agrees to deliver and install the Equipment and provide to the customer the security monitoring services (through the Monitoring Station) and service warranty in accordance with the terms of this Agreement. Until the completion of the Initial Term, the Equipment may not be sold, loaned, leased, encumbered or disposed of without exceptions. The customer shall be responsible at any the customers sole cost and expense, to replace and/or repair any lost or damaged Equipment. BAX Security will lock all alarm panels on installation day to prevent accidental and (or) unauthorized access to the installer programming. If the customer decides to end relationship with BAX Security, the panel can be unlocked on written request. Service charges may apply. Notwithstanding any failure by customers to repair or replace any loss or damage to the Equipment, the customer agrees and acknowledges that the customer shall continue to pay all amounts pursuant to this Agreement when due, without set-off or abatement. The customer shall ensure that electricity, telephone service and adequate insurance in respect to the Equipment are maintained at all times. The customer warrant that the customer owns the premises in which the Equipment is being installed or has all necessary and proper authority and consents necessary to carry out the installation of the Equipment on the premises.
Returns
All products are guaranteed against defects at least for 1 year from the date of purchase. The warranty maybe longer for some products as specified in the ads. Warranty does not cover damage due to customer misuse, unauthorized modification or improper installation. Buyers will be responsible for the cost of returning product back to us. All goods remain the property of BAX Security Inc. until fully paid. All sales are final, and we will not provide refund for the product purchased. However, we will provide warranty exchange for all defective units. General returns policy is a 25% restocking fee will be applied on all approved returns within 10 days since the day you received the merchandise. Also note that shipping costs are non-refundable and you will be required to pay the return shipping costs as well as brokerage fees that may apply for US / international shipments. Damaged, incomplete, used parts will be assessed on an individual basis.
Payments and Term.
As a condition of providing and conveying the Equipment and the security monitoring services to the customer, pursuant to this Agreement, the customer shall pay a service fee for and during an initial term described under Service Specification of this Agreement. All charges subject to local bylaws and may change from time to time without notice. Where the local bylaw requires the alarm company or its agent to pay for permits or false alarms, the customer agrees to pay BAX Security. The monitoring service will be automatically renewed for additional 12 month terms after the original term at the rate described under Service Specification unless written notice is provided by either party within 60 days prior to the end of the term. Provided the customer is in good standing, the customer may terminate the within Agreement by providing 60 days written notice and in addition a payment to 100% of the balance of monthly monitoring and service charges which would have accrued to BAX Security over the unexpired portion of the Initial Term. All N.S.F. cheques or any cheques returned are the subject of penalty of $35. Notwithstanding anything else contained in this Agreement, this Agreement may be terminated by BAX Security on 5 days’ notice to the customer in the event of the insolvency of the customer or breach of this Agreement by the customer, including non-payment of any service payments when due for the refusal of entry to the premises on reasonable notice for the provision of services. In such event, the balance of monies due for the unexpired balance of the Initial Term or Renewal Term will immediately become due and payable, with interest as set out in this Agreement. Payment is to be made upon receiving the invoice. Payment as stated above is to be received no later than 14 days after issuing the invoice. Overdue accounts subject to a service charge of 3% per month. BAX Security holds the right to charge a $25 administration fee at any point they have to issue an outstanding payment slip. This Agreement is binding and in the event of non-compliance, BAX Security reserves the right to re-charge all monthly fees at the regular rates ($18 per month).
Limitation on Liability.
BAX Security is not an insurer and is not assuming any risk of damage, loss or injury that may result upon the failure of any Police Department or other emergency agency to respond to an alarm reported to it by Monitoring Station. The service charges under this Agreement are unrelated to value of property located on the customer’s premises. This system is a deterrent and not failsafe protection. BAX Security makes no representation or warranty that the Equipment or services supplied under this Agreement will avert or prevent occurrences or the consequences of any occurrences, including, without limitation, break-ins, theft, fire and any loss, injury or damages resulting from any cause whatsoever relating to this Agreement, claim, lawsuit or right, legal, equitable, or otherwise, against BAX Security.BAX Security shall in no event to be liable for any consequential or incidental damages of any nature or kind, including without limitation, damages for personal injury or damages to property, and however occasioned, whether alleged as resulting from breach of warranty, condition or contract by BAX Security or negligence of BAX Security or otherwise.
Indemnity.
The customer agrees to indemnify and safe harmless BAX Security from and against all third party claims, lawsuits and losses alleged to be caused by improper installation or operation of the Equipment, whether due to defects in the Equipment or acts or omissions in receiving and responding to signals, including claims from persons having an interest in goods or property on the premises at any time.
General Provisions.
This Agreement is the entire agreement between the customer and BAX Security and no representation, promise, inducement, advertisement or other statement made by anyone which is not contained in this Agreement shall be binding on BAX Security. Other than as contained in this Agreement, there are no other representation or warranties, expressed or implied by statue or otherwise including, without limitation, any implied warranties and conditions of merchantability or fitness for a particular purpose as a warranty or otherwise. The Agreement shall be governed by the laws of Ontario and the federal laws of Canada applicable therein. This Agreement will endure to the benefit of and be binding upon the customer and BAX and their respective hairs, legal personal representatives, successors and assigns. This Agreement shall not be assigned by the customer without the express prior written consent of BAX Security. BAX security shall be entitled to assign this Agreement and any of its obligations under this Agreement without notice.
BAX Security reserves the right to update or modify these Terms and Conditions at any time without prior notice. You can view the most current version of the Terms and Conditions at any time by visiting our website: https://baxsecurity.ca/terms-and-conditions-2-2/