comment on providing fire alarm monitoring when you didn't install the system / collect or forget about it July 4, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on providing fire alarm monitoring when you didn't install the system / collect or forget about it
July 4, 2018
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comment on providing fire alarm monitoring when you didn't install the system from June 21, 2018 article 
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    Mitch has to come into the real world of today unlike what he has done in the past and I know what that was. Just like certain car brands that not everyone can work on but are limited to a specific dealership the same applies to fire alarm systems. If he is willing to undertake the service and inspection of any system regardless if he has the capability to program it and get parts to make repairs like on a Simplex brand priority system then he deserves the liability and grief that he gets if there is a problem. 
    What would he say if he went to court after a failure and was asked if he and his employees had factory training by the manufacturer to work and program those systems and where does he get the parts when there are no direct sales? What was done as he described is common place, one firm sells and services the system and another one monitors it. Believe it or not, not all firms that sell and service fire alarm system provide monitoring as well in NYC. Lastly, cancellation of the FDNY terminals is equal to notifying the FDNY of the cancellation of the monitoring service as is the application for new terminals by the takeover firm to re-establish new service (tit for tat). You need to get your facts together before making comments!
  Yours truly,
You know who I am and still does not use his name!!
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Response
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    Yes I know how you are, and so do lots of other people. You can remain Anon as you wish, and your expertise is appreciated, as your uncommon wit. While I am not so sure Mitch or anyone else would want to take over the repair service or even monitoring of a fire alarm system that was not familiar to them, or for which parts were unobtainable, your point is well made. As a matter of fact, no company should engage in any aspect of the life - safety business - any type of alarm or other security systems or fire systems - unless they are properly trained. Properly trained can mean different things.      Not all manufacturers have training programs, certifications, distributorships or dealerships. Those that do set a higher bar I suppose. It should be obvious that you should not get involved in systems that you are not properly trained to service or handle. If you do, you increase your exposure for liability when you do something wrong. You also increase your exposure when something goes wrong and it's hard to pinpoint exactly why. When it's found out that you didn't have proper credentials the focus will be on you to dig yourself out of that pit. 
    The reality is that plenty of companies simply don't have enough trained personnel to do the job properly. Today is 4th of July. How many people are going to be setting off fireworks and blowing their fingers off? [or starting fires]
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collect or forget about it
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Ken
    I have a client that just finished year #1 of a 3 year contract. He sold his house. What do most companies do in the case? Do they just let it drop or pursue to collect the remainder?? I have your Monitoring agreement.
JR
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Response
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    I think the better policy is to commence collection proceedings unless there is a good reason not to. The alternative would be a policy to not pursue your contracts unless there is a good reason to, which would mean expecting your subscribers to live up to their contractual commitments isn't enough of a good reason.
    If you're busy up to your neck running your business and occasionally you get a subscriber who defaults, you may not have the time to get involved in a collection matter. Also, if the amount owed is too small it may not be economically feasible because the start up cost [at my firm to commence an arbitration] is $125. But if you have enough defaulting customers, and most of you do, turning them over to K&K to enforce the contract should end up with a positive monetary result. We don't install or program alarm systems, but we do know how to enforce an alarm contract, probably better than anyone else. 
    If you have enough subscribers defaulting then you should pursue them. If only a few, you should still try out the process and see how it works out. 
    If you decide to pursue collection, contact our head paralegal Kathleen Lampert in my office and she will get you started. Her number and email are 516 747 6700 x 319 and KLampert@Kirschenbaumesq.com
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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
516 747 6700
www.KirschenbaumEsq.com