Caution taking over accounts / sign up for meetings in Las Vegas / ISC meeting schedule / Meetings filling up – still time to register April 4, 2024
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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 whitelist ken@kirschenbaumesq.com ****************************** Caution taking over accounts / sign up for meetings in Las Vegas / ISC meeting schedule / Meetings filling up – still time to register April 4, 2024 ************************* Caution taking over accounts ************************* Ken, We have dealers from across the country and they occasionally buy accounts or get some from companies that go out of business. Often these accounts come with little to no documentation. In your contracts do you have a clause for alarms installed by 3rd party? Steven Hayes 941.229.8200 WorkHorse steven.hayes@workhorsescs.com ********************** Response ********************** The question itself raises serious issues. The first issue is not surprising: accounts with no contracts coming from alarm companies that have gone out of business. That actually makes sense. These companies failed to adhere to the first rule in the industry: do not work without a contract. The second issue is what may be a fundamental misunderstanding in the industry: You cannot take over or control of an alarm system without "inheriting" the defects and flaws of the system or service. Think of it this way: your business is short term car rental, competing with Hertz, et al. The car rental service across the street goes out of business and tells you to take the cars on its lot, which you do. In what business world to you think you could start renting out those cars, knowing nothing about them, and not be responsible for mechanical defects. While it may be possible to disclaim some liability in the rental agreement you certainly won't have any disclaimers without a contract. In the alarm industry when you take over an alarm system, or any security service, you "own it". Your obligations and duties are specified in your agreement with the customer; at least it should be. If it's not then be prepared for your new customer to have expectations of your services well beyond your expectation or reality. When you take over an account you must take over the existing contract, if you can get it assigned by the outgoing alarm company and approved by the customer, if approval is necessary, or, and this is of course the best practice, get a new contract signed; your updated K&K contract. When you have a take-over account the Disclaimer Notice is essential because it addresses take-over scenarios. You will need to address your survey of the take-over system, whether the customer refused to allow a survey or inspection, identify existing deficiencies, whether you offered to make repairs, whether the customer agreed to the repairs or told you to forget about them, whether you recommended other equipment or services that were refused by the customer. On a take-over you should use the Disclaimer Notice and get a new updated K&K contract signed. You don't want to end up like the alarm company who ended up abandoning the accounts or dumping them for nominal price; that's something that would not likely have happened had the company followed best practices and used K&K contracts. ************************ Private and Group meeting schedule now available ********************************* Group Meetings: See schedule below. Reserve your spot by calling Stacy Spector at 516 987 8428. Private Meetings: Schedule a Private Meeting with Ken Kirschenbaum by calling Stacy Spector at 516 987 8428. Register for a Group Meeting by calling Stacy Spector at 516 987 8428 Schedule Private meeting with broker Rory Russell by calling Stacy Spector at 516 987 8428.
Group Meetings: Topics and Schedule Tuesday April 9. Group Meeting: 3:00 pm to 4:00 pm – Monetize on your monitoring accounts; new incentive program; learn how to get unheard of incentives from your central station or move to another one. Group meeting conducted by Ken Kirschenbaum.
Wednesday April 10. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
Wednesday April 10. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
Wednesday April 10. Group Meeting: 3:00 pm to 4:00 pm – Central station – dealer relationship; contract issues; understanding the dealer agreement terms and why you need the K&K Rider. Group meeting conducted by Ken Kirschenbaum.
Thursday April 11. Group Meeting: 10:00 am to 11:00 am - Insurance for your alarm business – best options; availability, pricing and claims. Group meeting conducted by Shawn Iverson of The Insurance Center.
Thursday April 11. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
Thursday April 11. Group Meeting: from 3:00 pm to 4:00 pm - The Corporate Transparency Act. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
Private Meetings with Rory Russell of AFS: Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Available times to meet with Rory Russell are as follows: Wednesday April 10 and Thursday April 11 between 7:30 am and 11:00 am and 12:30 pm and 4:00 pm. Contact Stacy Spector to schedule a private meeting with Rory. Call 516 987 8428 ALL TIMES ARE PACIFIC STANDARD TIME. Contact Stacy Spector, Esq. for all scheduling at Sspector@kirschenbaumesq.com or 516-987-8428. ****************************** STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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
