KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on writing off hold back / don’t miss holiday sale on select contracts – only 3 more days
December 6, 2022
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Comment on writing off hold back from article on November 24, 2022
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Ken
          As always for your forum.  Lots of buying and selling  for Jim Jr and me over the many years. On a sale of accounts I always tried to have an agreement that the buyer had to notify us within 10 days of an account canceling. This allowed us the opportunity of trying to save it. If they did not notify us within the 10 days the canceled account did not go against our holdback .
          Good for both parties as we were able to save accounts. And performing accounts is what the buyer wants. 
Jim Wooster, Sr
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Response
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          That notify provision is important, but not all buyers will agree to it.  While it’s not usually a deal breaker for the seller I really think it should be.  You would think that the buyer has a shared interest with the seller to retain as many accounts as possible, but that’s not always the case.  Some buyers use the hold back period as a time to weed out undesirable accounts, and an account that falls behind or for one reason or another wants to cancel, perhaps isn’t worth betting on, even if the seller could convince the subscriber to stick it out until the hold back is paid.
          The best advice is that sellers [and buyers] need competent attorneys on the transaction.  I don’t care how many companies you sold or bought in your career, it’s not as many as me and some of the other attorneys in the alarm industry.  While we, attorneys in the alarm industry, have seen most everything, that doesn’t mean we use our knowledge the same or consistently.  And of course there’s always the client, some of whom are outright unreasonable or [to be kind] inexperienced in typical alarm deals. 
          There are a number of issues that should be negotiated regarding the attrition guarantee, and that’s only one issue in the transaction; there are many issues that arise.  Professionals servicing the alarm industry are available to assist; don’t DIY the deal.
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Special Holiday Contract Sale on select contracts / 50% OFF / see details and save thousands
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          The following Standard Form Agreements are on holiday sale through December 9, 2022.  Order any of these contract forms and we will discount the price by 50% off the published price*.  Concierge Clients will get an additional 10% off the discounted price. 
* The full list price will appear when you order but we will discount before processing the order; no need to call us
          These contracts are not discounted in the Annual Sale and have never been discounted before.  Total savings up to $3,822.50.  [another $382.50 for Concierge Clients]
          All of these Standard Form Agreements are up to date, will be customized with company name, address, phone and license, and delivered by end of this year by email.  All contract forms are found on K&K’s contract order page at www.alarmcontracts.com
       SAVE ON THESE CONTRACTS TODAY THROUGH DEC 9

DIGITAL SIGN AND DISPLAY SALES, HOSTING AND SERVICE  list price $875 Your saving $437.50
          Includes installing of digital box and media player, hosting and administrative services and repair service.  Design creation also included.  This is for commercial customers. This is for digital signs and displays

HOME WATCH SERVICE   list price $995   Your saving $497.50
          Provide home watch service for vacant home; itemized list of inspection and service areas.  This is for residential consumers; customized state by state. Come with Rider for special instructions and additional services

VIRTUAL DOORMAN    list price $1,250   Your saving $625
          VIRTUAL DOORMAN STANDARD SUPERVISORY VIDEO, AUDIO, AND ACCESS CONTROL, SALES, MONITORING & SERVICE AGREEMENT.  Cameras with two-way audio for access control and "escort" service throughout a building or property under surveillance

CONFIDENTIALITY AGREEMENT FOR ESTIMATES AND SPECIFICATIONS list price $675   Your saving $337.50
          Tired of your customer using your estimate and information to put out a bid or negotiate with a competitor.  use this confidentiality agreement to protect your estimate and specifications

ANSWER SERVICE with questionnaire  list price $500   Your saving $250
          Standard Answering Service agreement with client questionnaire

COMPUTER CONSULTING list price $725  Your saving $362.50
          Consulting only; no repair service

COMPUTER CONSULTING, SALE, SERVICE, HOSTING  list price $875  Your saving $437.50
          Computer consulting sale, service, per call or service plan, website hosting

PBX SYSTEM AND HOSTED COMMERCIAL SERVICE  list price $875  Your saving $437.50
          Select sale or lease format. Select residential or commercial. Voip telephone system equipment sale and installation. Over-ride on VoIP hosted service and RMR for extended warranty and repair service. Generic form.  Call K&K Contract Administrator Eileen Wagda for selection of form: 516 747 6700 x 312

GPS MONITORING  list price $875   Your saving $437.50
          [single state only] vehicle or personal
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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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.
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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
www.KirschenbaumEsq.com