Card Access Issue / Font size / Testing Fire Alarm
April 24, 2013
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Question
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Ken,
We have a Card Access System that we manage the users and service on two Vehicle Gates at a Condominium Association. The board wants us to remove access to the owners that are passed due on their association fees and even renters that pay rent from the owners. The board’s idea is to get the owners to pay. Then have us reactive their card credentials. Can they do this? I have read the bylaws and it doesn’t say either way. I just don’t want to get stuck in between the association and owners legally since we manage the card access system.
Jonathan
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Answer
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You shouldn't be reading by laws to decide how to service your subscribers. You should be reading your contract, the one you have with your subscriber. Hopefull that contract will specify who your subscriber is and who you should be answerable to. If the Condo hired and pays you I would comply with its request. If the Condo Board breaks the law, or its by laws, it's the Board that will be liable, not you. Even if you are sued, your contract should have an indemnification provision that will protect you from damages.
If for some reason you don't have a contract then ask the Condo Board for an indemnification if you comply with its request to essentially lock out its deliquent residents.
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Question
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Ken --
I have seen other installers’ contracts and they have been able to fit them into 2 pages suitable for printing on a single set of ncr paper. Obviously the right to cancel and schedule of equipment are still separate items. I was just wondering, if I try to undertake such a project, are there any requirements (legal or otherwise) as to font sizes and weights that I should be aware of? I have noticed where sometimes a particular paragraph will be printed in all caps or bolded. Do such emphasis have any effect on a contract?
Bradley
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Answer
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We can both make a lot more money if you stick to what you know, what you've trained for and what you are likely licensed to do - sell security. The Standard Form Contracts are provided with the recommended font size. Can you change the font? Sure, it's your contract and you can design it any way you want - except you may be in violation of a bunch of consumer laws that renders the terms that don't meet legal type size requirements unenforceable.
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Question
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Hi Ken:
I have a question regarding paragraph 11. My subscriber is concerned with this phrase:
IT IS THE SUBSCRIBER'S SOLE RESPONSIBILITY TO TEST THE OPERATION OF THE EQUIPMENT, ETC.
My explanation was that he accomplishes that responsibility by contracting to have us inspection the system in paragraph 3. Is this correct?
Joe
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Answer
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Subscribers can test their fire alarm system in a number of ways - and I'm not technical enough to know those ways. Calling for inspection is certainly one way to test the system, but Inspection Service is itemized in the Fire All in One and separately charged. I suppose the subscriber could call in and put the system on test and then set it off.
Perhaps putting the onus of testing a fire alarm system on the subscriber is unfair. However, the alarm company may not know if a component is inoperable unless a trouble signal is sent to central. Unless a system is designed to notify central of any and every component failure someone has to be responsible to call for service. Unless you're on site doing inspection and maintenance full time - and you're not - you shouldn't be responsible for testing unless it's during your scheduled, and paid for, inspection service.
Use the Fire All in One for commercial fire alarm systems
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