KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comments on guarantee service call response time
April 2, 2026
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comments on guarantee service call response time article on March 25, 2026
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Ken,
We primarily install, service, inspect and test fire protection systems (fire alarm, standpipe and sprinkler systems) in all types of buildings, excluding small or private dwellings. As such, many subscribers have to comply with NYC, Nassau County, NYS Health Dept and CMS requirements and 4 hour response times bantered around, via email, we state, we cannot guarantee a four hour response time.
We do NOT set a response time, we always say we will respond as fast as possible to an emergency call. Most subscribers are in NYC, sometimes there is traffic, sometimes snow storms and many other factors. I am about to jinx myself now and say, that in the past 30+ years we have been on site in under 4 hours. In all large buildings that we service, we keep job boxes with tools, replacement parts, supplies, and misc other items so we can leave from anywhere by car, van or train without having to delay response time. And in NO case would we guarantee a completion time, we have been lucky, even with a 1960's main conduit that was imbedded in the concrete slab being core drilled we were able to restore the system the same day. As you said, listing anything that could lock you in, in my opinion, is a mistake.
Jeff
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another comment
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Ken
Regarding service level commitments, you are correct that this could lead to more trouble than its worth. The writer states very important information, the account is one and a half hours away from their office. Whether its an urban center like NYC or Wallace Nebraska, its still 90 minutes and briefly if your service fee structure doesn't include travel time, either obvious or buried, for 90 minutes you are losing money even before you arrive.
But here is a example, let's look at FedEx, UPS, and the post office. The first two charge by distance and weights, while the post office charges by weight only. The first two are profitable and the post office has never even broke even, besides make a profit.
It strikes me that the central station industry is no different than the post office. We used to state a rate without any consideration if the accounts were low activity or high activity. As with the post office, "we will make it up on volume" or some dealers are low activity and some high and they pray it will fall in their favor at the end of the month.
My company, USA Central Station has changed its view of pricing down to assessing individual dealers over the last 10 years. It took us 34 years to learn this lesson and we are very transparent with a calculator built right into the dealer access portal.
The central station pricing and the dealer considering to sign a service guarantee response time, are the same; whether its time and travel labor, or high account activity labor, labor is our greatest operating costs and the business activity needs to be priced correctly.
Bottom line, the account 90 minutes away may not be worth it unless the dealer has a concentration of accounts there and hopefully has a service technician who lives in that area which can be dispatched locally.
Bart Didden, President
USA Central Station
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Response
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Clearly by imposing response time, by agreeing in your contract, you create an obligation that you may not be willing or able to perform. The response time creates an EXPECTATION by your subscriber, and well it should. It's not that an unreasonable subscriber doesn't understand your industry or business, it's that this unreasonable subscriber just doesn't care. This subscriber is use to bullying its vendor; it's the tail wagging the dog. Sure you will deal with plenty of subscribers who are immensely successful; huge in their own industry. But you may be someone they need or want. You need to stay the dog, and don't the tail wag you.
There are recognized performance levels from the laboratories that guide the industry; UL, ETL, NFPA as well as manufacturer dealer and distributorship agreements. Avoid imposing additional duties you need to comply with, especially if unrealistic, which could mean not economically sound or actually physically impossible for your operation. Sooner or later you will be called upon to perform and you won't be able to. The consequence could be just lose of the customer, but it could be much more. The K&K Contracts address response time; stick with the language we include in the Standard Form Agreements, which generally comport with the law.
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STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.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
www.KirschenbaumEsq.com