Terms and Conditions

These terms and conditions relate to and govern the agreement between Galaxy Integrated Technologies and you, the Customer, regarding the installation of monitoring systems at your residence, institution or place of business and any services related to the installation or monitoring of the system by Galaxy Integrated Technologies. Galaxy Integrated Technologies reserves the right to adjust the prices set forth in this Agreement in the event of any increase in the cost of parts, materials, components or other inputs directly resulting from the imposition of, or increase in, tariffs, duties, or other governmental levies imposed after the Date of Acceptance. Any such price adjustment shall be reasonably proportionate to the increased cost incurred by Galaxy Integrated Technologies and shall be communicated to the Customer in writing with reasonable supporting documentation.

CHANGES TO THE TERMS: We may periodically make changes to these terms and conditions, at our sole discretion. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these terms and conditions and remain informed of any changes. You agree that your continued use of service after the effective date of any changes will constitute your acceptance of the changed terms and conditions for your continued use.

CONTROL: Monitoring system and services do not constitute control of your system. No monitoring system is infallible, and you should check your system’s performance regularly.

SHIPPING AND HANDLING: Normal S&H costs will be covered under this agreement. Expedited shipping may be requested and will result in additional charges to the end user.

RISK OF LOSS: Customer assumes all risk of loss to material once delivered to the job site. Galaxy Integrated Technologies shall not be liable for any damage or loss sustained by the customer as a result of delays in delivery, acts of God, war, strikes, or any other causes beyond its control, including Galaxy Integrated Technologies’ negligence or failure to perform any obligation.

EXCLUSIONS: Lightning Damage, Vandalism, Misuse of Equipment, Tampering, Negligence, Fire, Spills, Exposure to weather (if not designed for), Acts of God, Acts of War, Riots, embargoes or terrorism. Customer requested changes, moves, or additions to the system are not covered, nor is credential management.

ALTERATIONS TO PREMISES: Galaxy Integrated Technologies shall perform the installation with reasonable skill and care. Galaxy Integrated Technologies shall not be liable for ordinary wear and tear or cosmetic effects reasonably necessary to perform the installation. Galaxy Integrated Technologies shall only be responsible for direct physical damage to the premises caused by its gross negligence or willful misconduct, and any such liability shall remain subject to the limitation of liability provisions set forth in this Agreement.

TESTING AND MAINTENANCE OF SYSTEMS: Repairs due to causes outside normal wear and tear, such as electrical surges or tampering, are the customer’s responsibility. Service, if provided, is governed by other sections of this agreement.

INDEMNITY / WAIVER OF SUBROGATION: Customer agrees to and shall indemnify and hold harmless Galaxy Integrated Technologies, its employees, agents, and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Customer, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by Galaxy Integrated Technologies’ performance, negligent performance, or failure to perform its obligations under this agreement. Parties agree that there are no third-party beneficiaries of this contract, and the Customer’s insurance carrier waives any right of subrogation against Galaxy Integrated Technologies.

NO WARRANTIES OR REPRESENTATIONS: BUYER’S EXCLUSIVE REMEDY: Galaxy Integrated Technologies does not represent nor warrant that the monitoring system or service, if any, will prevent any loss, damage, or injury to persons or property, by reason of burglary, theft, hold-up, ﬁre, or other cause, or that the system will in all cases provide the protection or service for which it is installed or intended. Customer acknowledges that Galaxy Integrated Technologies is not an insurer, and that Customer assumes all risk for loss or damage to Customer’s premises or its contents. Galaxy Integrated Technologies has made no representations or warranties and hereby disclaims any warranty of merchantability or ﬁtness for any particular use. Customer’s exclusive remedy for Galaxy Integrated Technologies’ default hereunder is to require Galaxy Integrated Technologies to repair or replace, at Galaxy Integrated Technologies’ option, any equipment or part of the system or service which is non-operational.

EXCULPATORY CLAUSE: Customer agrees that Galaxy Integrated Technologies is not an insurer, and no insurance coverage is offered herein. The equipment is designed to reduce certain risks of loss, though Galaxy Integrated Technologies does not guarantee that no loss will occur. Galaxy Integrated Technologies is not assuming liability, and, therefore, shall not be liable to Buyer for any loss, personal injury, or property damage sustained by Customer as a result of burglary, theft, hold-up, ﬁre, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by Galaxy Integrated Technologies’ negligent performance, failure to perform any obligation, or strict products liability. Customer releases Galaxy Integrated Technologies from any claims for contribution, indemnity, or subrogation.

LIMITATION OF LIABILITY: Customer agrees that should there arise any liability on the part of Galaxy Integrated Technologies as a result of its negligent performance to any degree, failure to perform any of its obligations, equipment failure, or strict products liability, Galaxy Integrated Technologies’ liability shall be limited to the sum of three times the monthly payment at the time liability is ﬁxed or the sum of $250.00, whichever is greater. If Customer wishes to increase Galaxy Integrated Technologies’ maximum amount of liability, Customer may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual payment consonant with the increased liability. This shall not be construed as insurance coverage.

PAYMENT DISPUTES: In the event Customer disputes any invoiced amount(s), Customer will notify Galaxy Integrated Technologies of the disputed amount(s) within 14 days of invoice receipt, and submit payment for all undisputed amounts in accordance with the Acceptance page of this document. Upon Customer’s notification of Galaxy Integrated Technologies, the Payment Period shall be suspended until Galaxy Integrated Technologies and Customer mutually agree to a resolution of such dispute, at which time Customer shall make payment of such amounts within the greater of: (i) the remainder of the Payment Period or (ii) thirty (30) days from the date of such resolution.

LEGAL ACTION: In the event Galaxy Integrated Technologies refers the agreement with Customer to an attorney, to recover any amounts owed by Customer to Galaxy Integrated Technologies, the parties agree that the amount to be recovered, and any judgment to be entered, shall include interest at the rate of 1.5% per month from the date payment is due and Customer shall pay Galaxy Integrated Technologies’ legal fees. In any action commenced by Galaxy Integrated Technologies against Customer, Customer shall not be permitted to interpose any counterclaim.

FULL AGREEMENT / SEVERABILITY / CONFLICTING DOCUMENTS: These terms and conditions constitute the full understanding of the parties and may not be amended or modiﬁed or canceled except in writing signed by both parties. Should any conﬂict arise between these terms and conditions and the Customer’s purchase order or other document, these terms and conditions shall govern, regardless of whether such purchase order or document is dated prior to or subsequent to the date of these terms and conditions. Should any provision herein be deemed void, all other provisions will remain in effect.