This Access Device Agreement is by and between FirstService Residential Austin and the Property Owner whose address is listed below and is as follows:
In consideration of Property Owner's promise to perform their obligation under this Agreement, the Manager is providing the Property Owner with a Remote Access Device ('RAD').
The RAD is to be used by Property Owner within the Community (as defined below). The Manager and/or Association reserve the right to deactivate the RAD without notice for the following reasons:
1. Property Owner allows unauthorized person to use the RAD
2. Property Owner violates community restrictions or fails to pay assessments within sixty days of due date
Property Owner shall retain possession of the RAD until they no longer own property within the Community or until the Manager or Association requests return of the RAD. The Manager and/or Association shall have the absolute right to request return of the RAD at any time. Each lot will receive 2 free RAD at time of purchase, and may purchased any additional or lost RAD from Manager in accordance with the community's policies for a non-refundable fee of $25.00 plus applicable tax and shipping. This price may be subject to change without prior notice.
Property Owner agrees to notify Manager in the event that the RAD is lost, stolen, or inoperable. Upon timely notification to the Manager, the device will be deactivated and a new device may be issued at the then current convenience fee. A RAD may be returned for refund to Manager within thirty days of purchase only if there are no clear signs of physical damage to the device. Beyond thirty days from date of sale, no refunds will be issued.
Property Owner acknowledges that RAD devices are for the convenience of use of the common area facilities and Manager shall not be held responsible or liable for the actual operation or lack thereof of any RAD.
All devices purchased from the management office shall be subject to a thirty day warranty from date of purchase. No refunds or exchanges will be honored beyond thirty days from date of purchase.