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 ******************************* Comment on subscriber challenges to contract September 18, 2019 ************************* Comment on subscriber challenges to contract from September 5, 2019 ************************* Ken Re Subscriber challenges to your contract: Great questions and answers. I’d like to thank you both for the learning experience for all the readers. I would add to your response; challenge the potential customer to review other contracts from your competitors (with you helping). I think we can be reasonably confident this customer would have toned down his resistance after a more careful reading of others. All of us have to study and prepare to meticulously respond to a potential situation like this. It’s not so easy for the non-lawyer, but necessary nonetheless. Zeke ********************** Response ********************** At some point in time alarm contracts started to receive more attention. More attention by lawyers, judges and customers. Most alarm companies knew about the importance of contracts because of the acceleration clause; if the subscriber defaulted the full balance of the contract term became due. But that provision paled in comparison to the “protective” provisions in the alarm contracts, that soon it was those provisions that caught the attention of customers. Today you can expect your subscribers to read the contract, and challenge what they don’t like; especially commercial subscribers. [and pain in the butt lawyer subscribers]. Almost all challenges can be overcome once the subscriber understands why the contract reads the way it does. The subscriber needs to understand that you’re not substituting for their insurance company and not charging enough to assume the liability they now are asking you to assume. Most of the properly written alarm contracts contain very similar provisions. But the Standard Form Agreements, the Kirschenbaum Contracts ™ stand alone in one respect, they are readable and easily understood by the subscribers. You will find that other recognized alarm contracts are much harder to read and understand; written in legalese or in minuscule print size with run on sentences and lengthy paragraphs. We don’t try and hide or disguise the contract provisions in the Kirschenbaum Contracts ™ because that would risk enforcement of the contract and raise expectations by the subscriber, encouraging more, not less, litigation against alarm companies. There’s a reason that more alarm companies use the Kirschenbaum Contracts ™ than any other, by far, and it’s not just that they are cheaper [which they are], better written [which they are], more up to date [which they are], most recognized in the industry [which they are], more readily approved [which they are]; the most supported and backed up by K&K, [which they are] and add the most value to your business [which they do], it’s because all of these reasons. Still don’t believe it? Well you must think the earth is flat. ********************* To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. ************************************************************ 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
