1. General

The following general conditions apply to maintenance contracts for alarm system installations by Security Alarms & Co. or its certified installers (the “Company”). Customer name, installation address, type of contract, maintenance work type, the start of the contract and the price are stated in the contract signed by the customer (the “Customer”). The billing period is one (1) year from the start of the contract.

2. Type of maintenance service

The type of maintenance service is stipulated in the offer signed by the Customer. Typically, maintenance services include, but not limited to, the annual maintenance service of the ARHUB Security System, and costs related to such services including travel costs (excluding consumables such as batteries).

3. Annual maintenance of the alarm system

The terms maintenance and revision have the same meaning. The maintenance date is agreed between the Company and the Customer. Maintenance includes the services described below:

• Central panel full functionality test and battery replacement, if needed;
• Accessories full functionality test and batteries replacement, if needed;
• Communication (Internet or mobile) transmission full functionality test and batteries replacement, if needed;
• Adjustment of functions and features, as per Customer request;
• Adjustment of settings, as per Customer request.

4. Service warranty

The Company guarantees that the work is carried out correctly and that the spare parts are free from defects. The work and spare parts shall be checked by the Customer immediately. A complaint, if any, shall be submitted in writing within five (5) days. Hidden defects shall be reported immediately after their discovery.

5. Duration of warranty

The warranty for spare parts (excluding consumables) is two (2) years from the date of the service. The guarantee is also void if the maintenance is carried out by third parties, and / or changes made to a product without the Company’s consent. The same applies if a change or repair recommended by the Company has been rejected or omitted.

6. Scope of warranty

The Company fulfills its maintenance obligation, either by repairing defective parts free of charge, supplying spare parts, or redoing the services free of charge. Any other right is excluded, in particular the cancelation of the contract, the price reduction or the change of the alarm system.

7. Exclusion of warranty

Excluded from the warranty are consumables and in particular, wear parts as well as damage caused by the following:

• Force majeure and external cause, for example power cut, fire, water, frost;
• Failure to comply with the technical guidelines of the Company regarding assembly, use and maintenance;
• Misuse or insufficient maintenance of the alarm system;
• Third party work;
• Willful deterioration or proven negligence or sabotage.

8. Responsibility

In the event of damage caused by poor execution of services, the Company is engaged to correct it. The Company is not liable for damage caused by negligence caused by the Customer.

The Customer is responsible for adequately insuring his home and property against damage, theft or loss. Under no circumstances can the customer assume any written or oral statements by the Company and its representatives that the use of the alarm system or the security service would make adequate insurance redundant.

The Company is not liable for any damage caused, including events resulting from damage to or destruction of the home or property, such as, but not limited to, break-in, leakage or fire, and due to: non-reception of alarm signals due to unavailability of the telecommunications infrastructure used for the transmission of signals as part of the security service; the non-functioning of the alarm system and/or related security services.

9. Contract duration

The initial duration of the contract is stipulated in the offer accepted by the Customer and is renewed on a yearly term, unless agreed otherwise, can be terminated in writing by registered mail at the end of each term with a notice period of three (3) months. The above applies subject to the right to extraordinary termination in accordance with Section 11.

10. Transfer

When the installation is upgraded to a new ARHUB installation by the Company, the maintenance contract is automatically transferred to the new installation.

11. Modifications

The Company reserves its rights to change its services, prices and general conditions of this contract at any time. Changes will be communicated to the Customer on a timely manner. In such case, the Customer has an option to terminate the maintenance contract, provided that prior written 30-days’ notice is given by registered mail. If there is no termination, the contract amendment is deemed accepted. Changes to the tax rate or statutory duties do not count as a price adjustment and do not entitle the Customer for early termination of the contract.

12. Payment terms

The invoice for the maintenance contract is sent annually at the beginning of the contract period. The invoice amount shall be paid by the due date stated on the invoice. If no due date is given, the due date is ten (10) days from the date of invoicing.

13. Late payment

If the Customer has not paid his invoice on the due date or has not raised a written and justified objection to the invoice, he will be in default and the Company can interrupt the provision of all services and take other measures to prevent further damage. The Customer bears all costs that the Company incurs as a result of default in payment. In particular, the Customer is liable to the Company with default interest of 3.5% p.a. and a reminder fee of CHF 20.00 per reminder. In the event of collection by a third party, the Customer is also liable for the collection costs incurred.

14. Governing law

These General Terms and Conditions for Maintenance of ARHUB Security System are governed by law of Switzerland. Any dispute arising from this contract will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the ordinary courts of the Canton of domicile of the Company. In any case, all disputes against the Company are limited to the amount equal to the annual amount of the maintenance contract.

January 2021