The plaintiff’s insured company had contracted with an alarm company years before the incident in question. After a series of acquisitions, the defendant alarm company became the successor alarm company and the question became whether the terms and conditions on the reverse side of the service ticket, including the limitation of liability provision, issued by the defendant and signed by an employee of the insured company for a repair of the alarm system, were included in the agreement between the plaintiff’s insured and the alarm company, and, if so, whether the limitation of liability provision was valid and enforceable.
When the defendant acquired the account, it notified the insured that it had acquired the old alarm company and that it would now be providing monitoring services. Each time the defendant performed the service or repair for the insured, it issued either a service ticket or a service documentation. The alarm company’s defense was the limitation of liability provision on the reverse side of the service ticket, which limited its responsibility to $1,000. The court ruled that as a matter of law, the defendant’s service ticket is a valid and enforceable contract, including the “limitation of liability” provision on the reverse side of the service ticket, even though plaintiff’s insured did not have a prior written service agreement with defendant.