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MUSIC SERVICE
<br /> AGREEMENT
<br /> IIITERMS AND CONDITIONS
<br /> This SERVICE AGREEMENT contains all terms agreed upon by the parties and supersedes all prior agreements
<br /> or representations, oral or written. This SERVICE AGREEMENT shall be binding upon the parties when signed
<br /> by Purchaser and accepted and approved by Sound Products, Inc.
<br /> PAYMENT. The total amount due Sound Products, Inc., including charges for all service calls not within Sound
<br /> Products, Inc. limited warranty, shall be paid by Purchaser within ten (10) days after date of invoice. Sound
<br /> Products, Inc. reserves the right to require progress payments. Any changes from Equipment and Installation
<br /> specified in the SERVICE AGREEMENT involving any extra costs will result in additional cost to Purchaser. The
<br /> cost of any bonds required will be an additional charge to the Purchaser. Sound Products, Inc. shall have the sole
<br /> right to adjust the monthly fee. Should any increase be more than 10%, then Subscriber shall have the right to
<br /> approve of such increase.
<br /> TITLE AND SECURITY. Title to and risk of loss of all Equipment shall pass to Purchaser on the date of delivery
<br /> of Equipment to the Premises. Sound Products, Inc. reserves a purchase money security interest in all
<br /> Equipment until payment in full of total charges. Purchaser agrees to execute all necessary documents and to
<br /> provide proof of insurance if required by Sound Products, Inc. to perfect such security interest.
<br /> INSTALLATION. If specified on the reverse side hereof, Sound Products, Inc. will install Equipment at the
<br /> Premises. All required electrical conduit, adequate AC power, suitable space for installation of Equipment shall
<br /> be provided by, and shall be the sole responsibility of Purchaser. Sound Products, Inc.'s Installation Charge is
<br /> based upon work performed during regular business hours. If Purchaser requests installation during other than
<br /> regular business hours, Purchaser shall pay Sound Products, Inc.'s prevailing overtime billing rate. Installation
<br /> ilvarges do not include parts or labor for metal enclosures, conduit, teflon wiring, buried cables, or elevator
<br /> eling cables.
<br /> LIMITED WARRANTY. Sound Products, Inc. warrants this Equipment against any defects in material and
<br /> workmanship, under normal use, for a period of six months from date of purchase. In the event this product is
<br /> found to be defective within the warranty period, Sounds Products, Inc.'s only obligation and your exclusive
<br /> remedy, shall be the replacement of any defective parts. It is expressly understood that Sound Products, inc.
<br /> shall have no obligation to furnish labor nor bear the expense of shipping defective products for repair. This
<br /> warranty shall not apply if Sound Products, Inc. determines that the defect was caused by improper use of
<br /> installation.
<br /> Sound Products, Inc. shall not, under any circumstances, be liable for direct, special or consequential damages,
<br /> such as, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, cost and
<br /> capital, cost of purchased or replacement goods, or expense or inconvenience caused by service interruptions.
<br /> The remedies set forth herein are exclusive.
<br /> This AGREEMENT shall commence as of the date provided on the reverse side, or as of the billing date for the
<br /> initial monthly PROGRAM charge, whichever date is later and shall remain in full force and effect for an initial
<br /> term of sixty (60) months. This AGREEMENT shall be automatically renewed thereafter for successive sixty (60)
<br /> month terms unless either party elects to terminate this AGREEMENT by providing written notice thereof to the
<br /> other party by certified mail at least ninety (90) days prior to the expiration of the initial or any subsequent term.
<br /> GENERAL. This AGREEMENT is not assignable without the prior written consent of Sound Products, Inc. and
<br /> can be modified only by a written agreement duly signed on behalf of Sound Products, Inc. Any variance from
<br /> the terms and conditions of this AGREEMENT, any order, form or other written notification from Purchaser will be
<br /> of no effect. If Purchaser fails to pay any amounts due hereunder, Sound Products, Inc. without further notice to
<br /> Purchaser, may pursue all remedies available under law including the repossession of Equipment. Purchaser
<br /> rees to pay all costs and expenses of collection and/or repossession, including all attorney's fees incurred up
<br /> he maximum permitted by applicable law. If any provision of the AGREEMENT shall be held to be invalid,
<br /> al or unenfqrceable, the validity, legality and enforceability of the remaining provisions shall not in any way
<br /> e affected or impaired thereby.
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