KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Can you shut down delinquent customers alarm system / Waiver for code access June 29, 2021 ************************ Can you shut down delinquent customers alarm system ************************ Ken Is it legal to remove a customer’s code so they cannot use their alarm until they pay their past due invoice, say over 90 days? Don S ************************* Response ************************* There are a number of things you can do when your customer fails to make payment, but shutting down the system is probably not one of them, though like most issues, this can get complicated. If the system is leased then you can shut it down because you own it. However if the system is commercial fire you may have to get permission from the AHJ to shut down monitoring or remove the system. You may not want to shut down a system that provides life-safety detection, such as environmental monitoring. Even though the All in One permits shut down without notice in the event the subscriber defaults in payment, it's a better idea to give some notice. If the system is owned by the customer then you can't terminate all functionality because the system belongs to the customer and at the very least should operate a local alarm. If you have the All in One you can terminate monitoring and you don't have to respond to a service request. I would give some notice before shutting off monitoring, even if it's a read out on the keypad, "monitoring terminated" or "no monitoring". If you are going to pursue collection against the subscriber I prefer that you continue monitoring service and get a history of the alarm so that we can show that the subscriber continued to use the system that the subscriber claimed didn't work. My usual response to this issue when asked is you can turn off the monitoring but you have to leave the subscriber with a local system if the system is owned by the subscriber. Refer the defaulting customer to K&K for Collection Department. ************************* Waiver for code access ************************* Ken Do you have a waiver form for when I customer wants the access code to fire alarm panel programming functions Scott D *************************** Response *************************** No special form is required. Texas requires that the code access be given but only if the subscriber signs a Waiver and Release. If you want that form contract our Contract Administrator Eileen Wagda at 516 747 6700 x 312 or EWagda@Kirschenbaumesq.com. Cost is $150.00 and the form is not on our Order Page, so call Eileen. *************************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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