KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can we send contract to customer in WORD / Register for Free Webinars / Webinar on Financing is tomorrow
February 8, 2022
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Webinars:  first webinar tomorrow on financing for alarm industry
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Webinar Title:  Specialized financing techniques for the Security Alarm Industry
When:  Wednesday, February 9, 2022, at 12:00PM Eastern time
Topic Details: Financing option to grow equity without selling RMR accounts and no chargebacks, holdbacks, Recourse or Risk  Presented by: Tony Smith, President of Security Funding Associates (SFA)
Hosted by: Ken Kirschenbaum,Esq.,
Who should attend:  Company owners and CFOs
Register here:  https://attendee.gotowebinar.com/register/8814691682009291276
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Webinar Title:  what's new in the 2022 updated contracts
When:  February 15, 2022, at 12:00PM Eastern time
Topic Details: most important updates in the 2022 contracts
Presented by: Ken Kirschenbaum, Esq.  Kirschenbaum & Kirschenbaum
Who should attend:  Company owners, CEOs, Managers, sales personnel
Register here:   https://attendee.gotowebinar.com/register/1716607451924079886
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Webinar Title:  why use Disclaimer Notice and join Concierge Program
When:  February 16, 2022, at 12:00PM Eastern time
Topic Details: when, how and why to use Disclaimer Notice /  why you should join Concierge Program
Presented by: Ken Kirschenbaum, Esq.  Kirschenbaum & Kirschenbaum
Who should attend:  Company owners, CEOs, Managers, sales personnel
Register here: https://attendee.gotowebinar.com/register/7741884992648350732
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Webinar Title:  common legal issues in buy-sell deals
When:  February 22, 2022, at 12:00PM Eastern time
Topic Details: common issues to consider in smaller buy-sell transactions
Presented by: Jesse Kirschenbaum, Esq.     Kirschenbaum & Kirschenbaum
Who should attend:  Company owners, CEOs, CFOs
Register here: https://attendee.gotowebinar.com/register/1255265567049106699
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Webinar Title: issues buying or selling alarm company and broker's roll
When: February 24, 2022, at 12:00 PM Eastern time
Topic Details: How to prepare for negotiations and what to expect
Presented by: Ron Davis and Kelly Bond of Davis Mergers & Acquisitions Group
Who should attend: Company owners, CEOs, CFOs
Register here:  https://attendee.gotowebinar.com/register/2395407448165624590
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Can we send contract to customer in WORD
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Ken
          We typically send out the Fire All In One contract to our customers as a PDF docusign. I have a customer asking for this in a Word format, obviously for modifications. 
          Is it okay to provide the contract to the customer in this format?  I thought it we were informed a while back that the Word/WordPerfect version was for us to use in-house only?  Thank you in advance for your clarification.
Sincerely,
Christopher
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Response
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          This is more about practicality than legal.  I agree that the request is likely about your customer seeking to make changes to the contract provisions.  Since this has been communicated to you in advance of making those changes I suppose it’s a good thing because you are now on alert, or at least should be on alert.  I don’t think a docusign document can be changed, at least not without your knowing it, but keep in mind that even a PDF can be modified using advanced Adobe editing [which I am not particularly adept at].  Though you may be able to get out of a contract that has been modified without your knowledge or consent that would be true only if the change was not obvious before you signed the contract. 
          Before sending your contract to the customer in Word, or before telling the customer that it’s OK to make desired changes, you should have a brief conversation about those changes.  A customer who has spent the time and effort [and sometimes money on a lawyer] to review and change the contract is going to be more invested in those changes; more entrenched in making those changes.         
          If customers understand your perspective on liability exposure they are more likely to accept the “protective” provisions.  An alarm company asked me what the response should be to a residential customer challenge to the additional insured and indemnity provision, and why the alarm company shouldn’t be liable for its negligence. I responded by suggesting that the additional insured and indemnity could be deleted, though the customer would have to be an important customer for those provisions to be deleted, and of course the other protective provisions in the contract would have to stay, verbatim. After giving it a little more thought I should have suggested the age old response, one that has worked forever in this industry, “We are not your insurance carrier and we can’t be liable for whatever loss you might suffer because the alarm didn’t work for any reason; that’s why you carry insurance.”
          So you can permit modification to the contract, but you should insist on having a conversation first and you should also insist that the changes be “red-lined” so you can easily see them.
          Those of you who permit contract negotiation and modification would be wise to join the Concierge Program.  There are two reasons, at least.  First, you would be foolish to make changes in the Standard Form Agreements without advice of knowledgeable counsel unless those changes are strictly business items that you don’t need an attorney to explain or review, such as length of the contract term or time period for repair service response and obviously the prices you charge.  Everything else however, no matter how mundane or routine you think the change is, could be meaningful on several levels, such as causing issues with your central station, your insurance carrier, your subcontractors, third party vendors and a potential buyer of your accounts. 
          Second reason for joining the Concierge Program is because it will encourage you to have more of a relationship with K&K, it will encourage you to get counsel on contract challenges and changes and it will be economical because you get a half hour free each month for contract review and negotiation. 
          For more information on the K&K Concierge Program visit the K&K website at https://www.kirschenbaumesq.com/page/concierge or call our Concierge Program Coordinator Stacy Spector at 516 747 600 x 304 or email her at SSpector@Kirschenbaumesq.com.
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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ALARM ARTICLES:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles  updated daily             ********************
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Click here:  https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com