1. Preamble

Security Brokerz are an independent security provider offering a unique brokering service within the security industry and also specializing in all forms of technical installations.

2. Offer

We offer our unique rent to own alarm system. We provide our clients with the option of benefiting from a rented alarm system without having to commit themselves to one armed response service provider for a fixed term contract. This means that you can now get a rented alarm system and still have the freedom of choice to use whichever armed response company you choose

3. Definitions

Unless stated otherwise, the following terms and words will have the meanings given to them below:

3.1 The Act: The Private Security Industry Regulation, Act 56 of 2001 and the
Regulations in respect thereof.

3.2 Agreement: This agreement and quotation, once it has been signed by the customer.

3.3 Basic System means: Control panel, transformer, keypad, battery, 2 panic buttons, 2 passives, 2 door magnets and siren installed by Security Brokerz.

3.4 Additional charges: The charges referred to in clause 6 below.

3.5 Guarantee: The guarantee explained in clause 7 below.

3.6 Handover certificate: The document to be signed by you or your representative at the premises, who will be deemed to be authorised at the time, which confirms that the system has been satisfactorily installed and that you have been instructed of its use.

3.7 Normal working hours: 8am to 5pm, Monday to Friday, excluding public holidays.

3.8 Instructions: Any instructions we issue to you from time to time, including any verbal instructions and any manual relating to the system.

3.9 Landlord: The owner of the premises where the system will be installed.

3.10 Key holder: Any third party you have chosen from time to time to hold the keys to the premises

3.11 Premises: The building where the system is installed or any other premises where you may install the system from time to time.

3.12 PVC Conduit: A piping system used for protection and routing of electrical wiring.

3.13 Schedule: The schedule on the front and back pages of this document.

3.14 Start date: For new systems, the date upon which Security Brokerz completes installation of the system and you (or your representative) and Security Brokerz sign the hand-over certificate.

3.15 System: Monitoring equipment, including the detection equipment installed by Security Brokerz as quoted in the schedule and accepted by you. System shall include wiring and anything Security Brokerz installs when carrying out repairs.

3.16 We, Our, Us, Security Brokerz: Security Brokerz (Pty) Limited, registration number 2015/157777/07, including where appropriate our employees, agents and/or sub-contractors and our successors-in-title.

3.17 You, Your, the Customer means the person who enters into this agreement with Security Brokerz.

4. The System

4.1 The system is designed to reduce the risks of loss or damage at the premises so far as this can be done by the use of this type of equipment. We do not however, guarantee that the system cannot be removed, tampered or interfered with or that there will be no miscommunication problems, or prevented from working by you or by any other person. We are accordingly not liable to you for any loss or damage you or any other party may suffer however, arising from any such removal, tampering, and interference to or from the System being prevented from working in any manner.

4.2 Furthermore, Security Brokerz does not undertake or guarantee to the customer that:

4.2.1 Particular losses or injuries will be prevented by using the system; or that

4.2.2 The system will work continuously and without error;

4.3 Security Brokerz does not guarantee that the System is faultless, and you agree to accept the risk associated therewith;

4.4 Security Brokerz has no knowledge of the value of the premises or its contents and the purpose of this agreement is not to act as insurer of the customer, the customer’s invitees to the premises, or the contents thereof,

5. Roles and Responsibilities

5.1 Security Brokerz

Upon your signature hereof, Security Brokerz shall;

5.1.1 endeavour to install the System at the Premises by the date agreed to between you and Security Brokerz for such installation;

5.1.2 Security Brokerz shall not be responsible for any delays in the installation of the system, it being recorded that you agree and acknowledge that Security Brokerz may not due to operational reasons be able to install the System at the date agreed and you shall not be entitled for such reasons to resign from this agreement, nor shall you be entitled to a reduction of the installation costs, nor to withhold or to defer any payment due by you to Security Brokerz nor shall you have any other right or remedy against Security Brokerz on account of or arising from any delay in the installation of the System at the premises.

5.1.3 Security Brokerz may have to draw on and/or drill into the ceiling, floors, walls and other areas on the premises in order to install the system and Security Brokerz shall not be liable for any damage caused in doing so;

5.1.4 Security Brokerz shall not run cables in plaster, concrete or cornices unless PVC conduit is supplied and installed by the customer. The cable shall not be exposed on the outside of the premises and shall at all times only be installed in PVC conduit supplied and installed by the customer.

5.1.5 All risk of loss or damage in and to the System shall pass to the Customer on delivery/installation thereof to/at the Premises.

5.1.6 If the Basic System shall at all times during the currency of this agreement remain the property of Security Brokerz, and the Customer shall not aquire ownership thereof unless and until the full term of 24 months, as referred to in clause 8.2 below has been reached. During the rental period as stipulated in clause 8.2 below, the Basic System shall not by reason of attachment or connection to any fixed property, become or be deemed to be a fixture or appurtenance or any such fixed property, and shall at all times be severable there from, and shall not become your property until the contract expires and is paid for in full.

5.1.7 Security Brokerz shall provide the customer with an installation code (The code will be held by Security Brokerz);

5.1.8 Security Brokerz shall attend to handover with the Customer.

5.2 The Customer

You, the customer, are obliged, in addition to all other obligations herein contained:

5.2.1 To give Security Brokerz access to the premises so that Security Brokerz may install the system (if applicable), erect its signage and for rented services, to allow us to remove the system should this agreement terminate, for any reason whatsoever prior to the expiry of the period of 24 months as referred to in clause 8.2 below. Security Brokerz shall not be held responsible for any damage to the premises caused as a result of Security Brokerz removing the system or other equipment, including but not limited to any damage caused by the removal of any wiring used in any installation which may be glued or affixed to the interior walls of the premises and the customer hereby indemnifies Security Brokerz and holds Security Brokerz harmless against all and any claims of whatsoever nature and arising from any cause whatsoever, that may be made against Security Brokerz by the customer and/or any third party arising directly or indirectly from the installation or removal of the System and/or any other equipment from the Premises;

5.2.2 Not to misuse or allow the unauthorised use of the System by any other person or entity;

5.2.3 To test the System on a regular basis or at least monthly to ensure that it is in proper working order and condition.

5.2.4 To notify us immediately should you notice of or become aware of any fault, damage or destruction to the System from any cause whatsoever, including, but not limited to damage, malfunction or destruction occasioned by any electric storm;

5.2.5 Not to, allow your employees or invitees to remove the System from the
Premises or from the position in which it is installed or interfere with or alter the System in any way whatsoever;

5.2.6 To operate the System according to the instructions and the terms of this Agreement;

5.2.7 To notify Security Brokerz in writing before moving premises to arrange for the System to be moved to your new premises, the costs of installation thereof shall be for your account at Security Brokerz standard rate at the relevant time;

5.2.8 To be present at all times during the installation, or at least at the start in order to verify and finalise the layout and positioning of the installation and equipment as discussed and agreed with our Sales Consultant as well as at the end of the installation in order for the technician to officially hand over and commission the system to you. The Handover Certificate shall be completed and signed by you upon either the completion of the installation or the service agreement (in the case of a reconnection), and you understand and accept that the handover has to be done and that if you are not available you must nominate a representative to whom you give authority to accept the commissioning of the system and sign the Handover Certificate on your behalf.

5.2.9 To be liable to Security Brokerz, and compensate Security Brokerz, for all and any liabilities, claims, losses, expenses or damages Security Brokerz may suffer caused by or arising from:

5.2.9.1 Your failure to operate the System according to the instructions;

5.2.9.2 The connection of the System to any equipment or device not supplied by Security Brokerz.

6. Cost

6.1. The customer is liable for the cost of the product they have chosen to rent;

6.2. The customer is liable for a non-refundable once off installation and admin fee;

6.3. Additional equipment which is not included in the kit must be paid for separately and upfront.

6.4. The customer is liable for the monthly rental instalment as agreed in the Schedule and which is payable monthly in advance on the first day of the month;

6.5. The customer is also liable for charges at Security Brokerz standard rates for labour and materials current at the time when any of the following applies:

6.5.1 Faults are caused by you or any other person, thing or event which Security Brokerz could not reasonably be expected to prevent or foresee;

6.5.2 Where you have asked Security Brokerz to visit the Premises for repair or service work outside of Normal Working Hours;

6.5.3 Where you request Security Brokerz to change the System or Security Brokerz is required to change it as a result of changes at or in the Premises or for any other reason whatsoever;

6.5.4 Where you breach any of your obligations contained or implied in this
Agreement and such breach has not been remedied despite Security Brokerz having given you written notice to do so;

6.5.5 You request assistance from Security Brokerz as under the Guarantee but where Guarantee does not apply;

6.5.6 Where any replacements, repairs and/or modifications to the System are needed but are not covered by the Guarantee or by the Services, or are
needed as a result of a change in a relevant standard or regulation governing the System;

6.6. Where the system may require inspection, resetting, repairing or replacing in circumstances where:

6.6.1 You, the key holder or some other party has failed and/or neglected to follow the instructions and has not locked, closed or secured a window, door or other protected point, has not used or adjusted other equipment or components properly or has interfered with or tampered with the system;

6.6.2 You or any third party, or equipment or devices which Security Brokerz has not supplied, have caused a false alarm or failure of the system;

6.6.3 Your action, omission or failure, or those of anyone else other than Security Brokerz results in us needing to inspect, replace and/or repair the system or any part thereof;

6.6.4 Rodents, other animals or insects cause damage to or activation
of the system;

6.6.5 Weather conditions cause damage to or activation of the system; unless Security Brokerz agrees in writing to the contrary; the service charge does not include any work involving inter alia redecorating, repairing, carpet laying, concealing cables, building or carpentry work.

6.6.6 The service charge is established on the basis that Security Brokerz will have full access to the areas where Security Brokerz carries out work.

6.6.7 The customer shall be obliged to pay the additional charges which Security Brokerz shall endeavour to communicate to the customer and all other amounts provided for in this agreement upon presentation of Security Brokerz’s invoice or on Security Brokerz’s written request for payment.

6.6.8 Payment Method shall be by monthly debit order only.

7. Guarantee

7.1 Subject to clauses 7.3., Security Brokerz guarantees that Security Brokerz will repair faults in the basic system free of charge for the duration of this agreement from the start date if you rent the basic system from Security Brokerz, provided that such faults are not occasioned or caused by any unauthorized usage as specified in clauses 7.2 and 7.3 below;

7.2 The Guarantee does not apply to equipment installed at the Premises prior to you receiving the quote or installation at any time by a third party.

7.3 The Guarantee does not apply to faults caused by;

7.3.1 Work carried out by any police, fire or other authorities or by any Tele-communications agency or by another party;

7.3.2 Lightning or any other Acts of God;

7.3.3 A third party or by you.

8 General Conditions

8.1 The Customer grants security Brokerz authority to conduct ITC credit checks

8.2 The customer rents the alarm system kit for twenty-four months with the view to owning the alarm system after the 24-month period, beginning on the Start Date and terminating on the last day of the 24th month thereafter.

8.3 The customer shall be liable for obtaining their own armed response services and installing their own radio transmitter.

8.4 Should a customer default on the rental payments, they shall have seven (7) working days, after written notice to the customer to do so, to bring such payments up to date. Failure to do so shall be deemed to be a material breach of the terms and conditions contained herein, and shall entitle Security Brokerz to cancel this agreement forthwith and to remove the System from the premises.

8.5 Security Brokerz shall be entitled at all times to engage contractors and/or sub-contractors to carry out all or any of Security Brokerz obligations under this agreement.

8.6 Security Brokerz may require the Landlord of the Premises to sign this Agreement within a reasonable period of time after giving notice to the Customer, failing which Security Brokerz shall be entitled to cancel this Agreement where the System is rented.

8.7 An amount to be paid in terms of this agreement shall be deemed to have been paid only when the cheque or other negotiable instrument concerning such payment has been met and Security Brokerz’s bank account has been credited.

8.8 You shall be liable for any legal costs incurred by Security Brokerz in enforcing the provision of this Agreement on the Attorney and own client scale, including any collection of commission and tracing fees reasonably incurred.

8.9 You choose as your domicilium citandi et executandi for all purposes under this Agreement, whether in respect of-court process, notices and/or other documents or communications of whatsoever nature the address stated in the Schedule.

8.10 You are not entitled to cede, delegate or otherwise transfer your rights and obligations under this Agreement to any other party, unless such has been agreed otherwise in writing by Security Brokerz.

8.11 The rule of interpretation that a written agreement shall be interpreted against the party responsible for the drafting or preparation of that agreement shall not apply.

8.12 You shall have a cooling off period of 5 (five) business days from the date of signing of this contract, and you must inform Security Brokerz in writing should you wish to cancel the Agreement. Failure so to inform Security Brokerz shall result in the Agreement being binding and enforceable.

8.13 Where the cooling off period has been waived in writing and upon installation of the System, the contract shall be final and binding, regardless of the number of days that may have passed from the date of signing of this contract

8.14 Security Brokerz shall be entitled to a cancellation fee as determined by Security Brokerz from time to time, which shall become immediately payable by you should you cancel the Agreement within the 5 (five) day cooling off period subsequent to the Basic System having been installed.

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