TERMS OF SALE
This Agreement (the "Agreement") is made by and between ADT LLC ("ADT") and You ("Customer"). In this Agreement, Customer is sometimes referred to herein as "you" or "your" and the terms "we", "us", or "our" means ADT and any of ADT’s parents, subsidiaries, partners, related parties, employees, subcontractors, assignees or others that we hire to help us deliver the products and services we provide to you under this Agreement. “System” as used herein is defined as any security equipment and software purchased from ADT and related to our monitoring services or other services we provide.
1. Equipment/Accessories. By submitting your order and payment information you have purchased ADT’s System Security Kit, as well as any optional Accessories/Customer Purchased Equipment, selected and listed at BluebyADT.com. Equipment and services are only available in the United States.
2. System Set-up Fee. If applicable a one-time System set up fee, accessories/customer purchased equipment and other charges, plus applicable tax, will be billed automatically with your order.
3. Additional Charges. You are responsible for and agree to pay any and all of the following amounts (collectively, "Additional Charges") in connection with your System: (a) any permitting fees required by your city or county to install and maintain the System; (b) all amounts relating to any modifications to your System due to changes in standards and regulations of governmental or regulatory authorities, including but not limited to the Federal Communications Commission ("FCC"), wireless carriers, Underwriters Laboratories, police departments and other emergency response providers having jurisdiction; (c) any and all false alarm fines and assessment which may, from time to time, be imposed by government authorities in relation to your System (you agree that to the extent we pay such fines and assessments on your behalf, we are entitled and authorized by you to make a unique charge for reimbursement to the credit card, debit card or bank account you have selected and placed on file with us for payments during your Service term); (d) a reasonable service charge if we respond to a service call or alarm at your Premises which is due to your failure to follow operating instructions or to properly lock or close a window, door or other protected point, or improper or unauthorized adjustment to any of your equipment comprising the System; and (e) any portion of the total installation fee (if the installation fee was pro-rated over the first three (3) months of the Agreement or any other term). Payment of each such Additional Charge is due immediately, and we may include all Additional Charges incurred during a monthly billing cycle in the amount billed to you for that cycle.
4. Limited Warranty on Purchased or Leased Products; Product Warranty Disclaimer.
a. THE FOLLOWING LIMITED WARRANTY IS APPLICABLE TO PRODUCTS THAT YOU PURCHASE:
(i) ADT will repair or replace any defective equipment (with new or refurbished equipment, at ADT’s sole option) that you purchase at no cost to you for a period of 12 months from the date of purchase;
(ii) You will receive via email a prepaid label to return any defective system equipment;
(iii) You are responsible to pay shipping costs for any replacement equipment;
(iv) After the expiration of the 12-month warranty period you are responsible for the cost of all replacement equipment, including all shipping charges;
(v) If you fail to return the defective equipment you void this warranty and must pay ADT the MSRP for the equipment.
b. THE FOLLOWING LIMITED WARRANTY IS APPLICABLE TO PRODUCTS THAT YOU LEASE, IF ANY:
(i) Your leased equipment is warrantied for the full term of the Lease provided you remain in good standing;
(ii) Any defective leased system equipment will be repaired or replaced (with new or refurbished equipment, at ADT’s sole option) at no cost to you;
(iii) You will receive via email a prepaid label to return any defective leased system equipment;
(iv) If you fail to return the defective equipment you void this warranty and must pay ADT the MSRP for the equipment.
c. Subject to the terms of the Limited Warranties set forth above, you are responsible for the loss of, damage to, or the entire cost of, any necessary service or repair of the System equipment. The Limited Warranties set forth above shall replace any other product warranty, including without limitation the manufacturer warranty. THE LIMITED WARRANTY DOES NOT APPLIY TO PROMOTIONAL ITEMS OR GIFTS. Read Section 6 for other important limitations and exclusions. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the equipment. OTHER THAN THE REPAIR AND REPLACEMENT SERVICES FOR THE SYSTEM OR ANY COMPONENT THEREOF, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR EQUIPMENT, WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. ADT IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO ANY SYSTEM EQUIPMENT OR ANY ACCESSORIES CUSTOMER PURCHASED OR LEASED FROM US. By purchasing or leasing from us, you acknowledge that you have had an opportunity to review our warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers. STATE LAW: Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
5. Limitations on our Limited Warranty Obligations. We have no obligation under our Limited Warranty if we reasonably determine that your need for service was caused by any event, condition or circumstance beyond our control, other than ordinary wear and tear to your System. For example, our Limited Warranty does not cover any of the damage or loss of use resulting from, or necessary because of, any of the following: natural disasters, fires, storms, accidents, acts of God, strikes, riots, floods, or terrorism. Furthermore, our Limited Warranty does not cover any of the damage or loss of use resulting from, or necessary because of, any of the following: (A) your misuse of, or tampering with, the System; (B) telephone line malfunctions or modifications to your telephone service that render it incompatible with your System; (C) your failure to provide ordinary maintenance to your System or any accessories/customer purchased equipment; (D) anyone other than our authorized representative performing service on your System, except at our specific direction; (E) physical alterations made by you or third parties to your Premises or to your System, or made necessary by damage to your Premises or your System; (F) any change in laws or regulations that make it impossible or impracticable to continue use the System as is; or (G) any other reasons beyond our control. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services.
6. 30 Day Money Back Guarantee. ADT offers a 30-day money back guarantee from the date of purchase on both purchased equipment and leased equipment. The 30-day money back guarantee refund includes upfront costs, including an activation fee when applicable, less shipping. Customer must return both purchased equipment and leased equipment, along with any and/or all promotional items within 60 days to receive a refund.
7. Return Policy and Non-Returned Equipment Fee.
a. Return Policy for Purchased Equipment. If the ADT System and the equipment compromising it (including the accessories/customer purchased equipment) is purchased, you must return your equipment within the 30 Day Money Back Guarantee period.
b. Return Policy for Leased Equipment. If the ADT System and the equipment compromising it (not including the accessories/customer purchased equipment) are leased by ADT to you, upon the termination of the Agreement, you are required to return any leased equipment in accordance with this Section 7.
c. Return Material Authorization. Please call 1-888-723-8894 within seven (7) days of termination to receive a Return Material Authorization (RMA) number. After we issue an RMA, you must send back to us such leased System equipment as we may instruct you when issuing the RMA (the "Required Equipment"). Unless otherwise requested by us, the Required Equipment will not include sensors, which may be retained by you, and we reserve the right to abandon any components of the System and will not be liable for any costs or damages associated with their recovery. There is no option to purchase components of the System that you lease. You must return the Required Equipment to our warehouse within twenty-one (21) calendar days of the issuance of the RMA. You will be required to provide proof of delivery if requested. The Required Equipment must be returned in good working order, normal wear and tear excepted.
i. Equipment purchased from any third-party retailer or website other than dev.bluebyadt.com must be returned to the third-party retailer or in accordance with the terms and conditions provided on the website where the equipment was purchased.
d. Non-Returned Equipment Fee. If you fail to return Leased Equipment in accordance with the terms of this WE WILL CHARGE YOU AN EQUIPMENT NON-RETURN FEE of four hundred twenty five dollars ($425.00) for leased Systems that includes a leased camera and three hundred twenty five dollars ($325.00) for leased Systems that do not include a leased camera. You understand and agree that the equipment non-return fee is subject to adjustment based on the value of any new or replacement System that we may provide to you during the term of this Agreement.
8. Risk of Loss Related to the System Equipment. We are not responsible for loss or damage to your System or any equipment leased or purchased from us due to events or circumstances beyond our control. NO SUCH LOSS OR DAMAGE WILL RELIEVE YOU OF YOUR OBLIGATIONS UNDER THIS AGREEMENT. You should keep your System insured against risk of loss in an amount equal to its replacement cost.
a. Self-Monitoring Disclaimer:
i. IF YOU HAVE CHOSEN ADT’S ÒSELF MONITORINGÓ OPTION, YOU ACKNOWLEDGE: (I) THAT THE SERVICES RECEIVED BY YOU DO NOT INCLUDE MONITORING SERVICES; (II) EMERGENCY OR OTHER TELEPHONE NUMBERS WILL NOT BE CALLED IN THE EVENT THAT YOUR SYSTEM IS TRIGGERED; (III) ANY PANIC ALARMS WHICH OCCUR WILL NOT TRIGGER A PHONE CALL OR EMERGENCY DISPATCH TO YOUR LOCATION.
b. Self-Monitoring Camera Storage for Cameras and Doorbells. If you chose ADT’s self-monitoring option you will receive free camera storage for 30 days. At the end of your 30-day trial period you may renew your camera storage option at ADT’s standard charges, billed monthly. Failure to renew at the end of the 30-day trial period will result in the termination of camera storage and the loss of any media stored through ADT . ADT will not delete any and/or all saved media, only saved media that is older than 24 hours.
a. Installation Service. ADT is intended to be a do it yourself set-up. If you have opted for a Professional Installation of the System equipment (including any additional Accessories purchased by you) indicated in this Agreement, system equipment will be installed in your Premises by us or by an authorized third-party installation contractor. If the one-time installation fee was waived, the approximate start date of installation will be no later than 14 days from the date of purchase, unless otherwise requested by you. If the one-time installation fee was not waived, the approximate installation start date will be no later than 14 days from the date of purchase and based on a mutually agreeable schedule time, and the work will be completed no later than five days after the scheduled installation date. In California, a failure by ADT without legal excuse to substantially commence work within twenty (20) days from the approximate installation starting date is a violation of the Alarm Company Act; starting the installation of wiring and/or delivery of equipment to your premises will constitute substantial commencement of the work to be performed. Upon completion of the installation, we will thoroughly instruct you in the proper use of the System. Installation of equipment is subject to the following conditions: (i) the installer can access your Premises without interruption during our installer’s normal working hours; (ii) the installation may require drilling into various parts of your Premises; (iii) you will provide 120 volt AC electrical outlets for power equipment in locations designated by our installer; and (iv) you will be responsible for lifting and replacing carpeting, if required, for installation of floor mats or wiring. There may be areas where our installer determines that it is impractical to conceal equipment and wiring. Upon the completion of the installation by the installer, you will be required to inspect the work and, unless you object to any deficiencies or express your concerns upon that inspection, you will be deemed to have agreed that the installation has been performed to your satisfaction. If asbestos or other hazardous materials ("Hazardous Materials") are encountered during installation, installation work will cease until you, at your sole cost and expense, remove such Hazardous Materials. In no event will we or any installation contractor be liable for the discovery or removal of Hazardous Materials. You will permit us to install the System during our normal business hours, in such location(s) and such a manner as to fully comply with applicable state laws and regulations, and you will give us uninterrupted access to your premises. We shall not be responsible for securing the Premises during the period of installation. You warrant that you (a) request the equipment and services specified in this Agreement for your own use and not for the benefit of any third party, (b) own your Premises or otherwise have the authority to authorize us to install such equipment in your Premises, and (c) will comply with all laws, codes, and regulations pertaining to your System or our services.
b. Self-Installation. If you opted to self-install the System, you agree to follow our instructions regarding such self-installation. You agree that (i) you are ultimately responsible for any installation work you undertake to perform, and we will not be liable for any consequences of, or be otherwise responsible for, any such work, and (ii) the billing commencement date for services we provide will be the earlier of the date of Service Activation or fifteen (15) days after the Effective Date. ADT shall provide notice to you via email that the System has been shipped to your address. Some municipalities require a permit for your System even if you install it yourself and do not have it professionally monitored. You should check with your municipality to determine if you need a permit for your System.
11. Hold Harmless. IF ANY THIRD PARTY FILES ANY CLAIM OR LEGAL ACTION AGAINST US OR ANY OTHER PERSON OR ENTITY AUTHORIZED TO ACT ON OUR BEHALF, ARISING FROM OUR SERVICES OR YOUR SYSTEM, YOU AGREE TO DEFEND AND HOLD US COMPLETELY HARMLESS FROM ANY SUCH ACTIONS, INCLUDING ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES WE INCUR. THIS INDEMNIFICATION SHALL APPLY EVEN IF SUCH ACTIONS ARISE FROM OUR NEGLIGENCE, BREACH OF THIS AGREEMENT, STRICT LIABILITY, NON- COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATION, OR OTHER FAULT, SUBJECT TO OUR LIMITED LIABILITY SET FORTH ABOVE. UNLESS PROHIBITED BY YOUR PROPERTY INSURANCE POLICY OR OTHER INSURANCE, YOU AGREE TO RELEASE US FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE CARRIERS, AND YOU AGREE TO DEFEND US AGAINST ANY SUCH CLAIM. YOU WILL NOTIFY YOUR INSURANCE CARRIER(S) OF THIS RELEASE.
12. Legal Actions. EXCEPT WHERE PROHIBITED BY STATE LAW, NO CLAIM OR LEGAL ACTION EITHER OF US MAY HAVE ARISING OUT OF THIS AGREEMENT, YOUR SYSTEM OR OUR SERVICES (WHETHER BASED ON AGREEMENT, NEGLIGENCE OR OTHERWISE) MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION FOR SUCH CLAIM ACCRUED.
13. Assignment; Third Party Beneficiaries. You may not assign this Agreement without our written consent, and any attempted assignment by you will be void. This Agreement applies only to the Premises described herein and may not be transferred to a different location. We may assign this Agreement or subcontract any of our obligations under this Agreement without your consent and without notice to you. This Agreement, and particularly Sections 5, 6, 8, 10 and 11, shall apply to the work and services our assignees, affiliates (including our parent company) or subcontractors provide, and shall extend to and protect our assignees, affiliates and subcontractors in the same manner it applies to and protects us. OUR CONTRACTORS AND AFFILIATES SHALL BE DIRECT AND INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND MAY ENFORCE IT DIRECTLY AGAINST ANY OTHER PARTY HERETO.
14. Governing Law; Notice. This Agreement shall be governed by applicable Federal laws and the laws of the state and local area where Service is provided to you. This Agreement is subject to modification if required by such laws. Notwithstanding the foregoing, Section 19 ("Resolving Disputes") shall be governed by the Federal Arbitration Act. Notices are considered delivered when we send them by email or fax to any email address or fax number you have provided to us, or three (3) days after mailing to the most current billing address we have on file for you, if sent by us, or to ADT LLC at PO Box 580, 980 Wheeler Way, Langhorne, PA 19047-9998, Attn: Customer Service, if sent by you.
15. Entire Agreement; Severability; Survival. This Agreement is the entire agreement between you and us, and supersedes all previous contracts between you and us regarding the sale and use of our equipment, accessories and the System. You agree that we are not bound by and you have not relied on any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement. The terms and conditions of this Agreement shall govern over the provisions of any other document with inconsistent terms. 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. A waiver of any part of this Agreement in one instance isn’t a waiver of any other part or any other instance. The provisions of Sections 5, 6, 8, 10 and 17 shall survive the termination or expiration of this Agreement and your account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, or any sale by us of your account. The provisions of Sections 5, 6, 8, 10 and 17 of this Agreement shall inure to the benefit of our parent, subsidiaries, affiliates, predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities.
16. Prior Agreements. You represent and warrant that your execution of this Agreement, and your cancellation or termination of any contract you may have with third parties regarding alarm services incident to your entering into this Agreement, does not breach and will not breach any contract you may have with any other person. You agree to defend and, to the extent permitted by law, indemnify us and our representatives from and against and pay (without any condition or obligation that we first pay) for all claims, demands, suits, liabilities, losses, damages, judgments, costs and expenses as a consequence of your breach of this representation and warranty.
17. Execution. The parties agree that this Agreement and any signatures on it may be transmitted and delivered by facsimile, internet, or other electronic means, and all such signatures and electronic transmissions of this Agreement are to be treated as originals for all purposes and given the same legal force and effect as a signed paper contract. In addition, this Agreement may be signed and accepted electronically by both parties, and the mutually accepted version of this Agreement, whether printed or electronic, also is to be treated as an original for all purposes, with the same legal force and effect as a signed paper contract.
If a signed paper contract is desired please mail to:
PO Box 580, 980 Wheeler Way
Langhorne, PA 19047-9998
18. Resolving Disputes. In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to or arising out of this Agreement, including any addendum thereto or our Services and the System (referred to as a "Claim") will be resolved as follows:
a. Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing. Such notices are to be sent in accordance with Section 15 above.
b. Formal Resolution; BINDING ARBITRATION. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this Agreement. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
1. Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
1717 Arch Street
3. Send one copy of the demand for arbitration to the other party.
c. Special Rules. (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration. Notwithstanding the foregoing, you may assert an individual action in small claims court in lieu of arbitration.
19. By purchasing the ADT Home Security System, You agree to the Terms of Sale.