KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Contract Q & A / Gates covered by Commercial All in One / comment on price increase from alarm.net
August 3, 2019
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Contract Q & A
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Ken
1 Can we update any of the amounts that are in there? 
 
not sure what amounts you are referring to.  You can make changes to the contracts but we don't recommend that
 
2 If we don’t offer a service, such as Guard Service, can we remove it? 
 
you can, but, you are representing in the contract that you will offer more services, and if your subscriber insists on guard service I think you would try and get it for them ???? If you take it out you have to be careful not to change the paragraph numbers because they may be referenced in the contract
 
3 If we do offer a service such as keyholding, which might be closely related to runner response, how do we have that option instead? 
 
we can change an offered service and preserve the paragraph number.  Just swap it out and describe it briefly. If you need us to do it there is minimal charge
 
4 For the terms, can we use a blank line to insert the number of years?
 
you can if you want to end up negotiating every contract.  Better to leave in printed number and change by hand if questioned
 
5 For the cancellation notice, is that only for the contract before install?  Or can they use that say after 7 months of service? 
 
its 7 days from date contract is signed
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Price increase from alarm.net
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Ken
            Have you seen the latest price changes from Alarmnet. They are charging increased rates back to June 1, 2019  and give us no notice to be able to change the contracts (or collect the difference) we just signed since then.
            Also they sunset the 4G radios that everyone has in stock without any notification to the dealers or ADI catching many of us with inventory we cannot use and they are not saying if we can return them. I sent a tech 200 miles to install a system and surprise we could not enroll the 4G radio. They charge more for the LTE versions.
            I think Resideo stock is not doing well so they are squeezing the dealers. I would think the retroactive increases is illegal , class action lawsuit?
Larry T
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Response
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            Sounds odd
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Gates covered by Commercial All in One
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Ken
            We purchased a set of contracts from you for our alarm installation company.   A customer who was referred to us was having a problem with a gate that we repaired for him – no issues.  Now he has another property where he wants us to install a gate. We need something to cover this and none of the agreements seem to cover this access control application (ie. a gate). Do you have such an agreement?
Thanks,
Kevin
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Response
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            The Commercial All in One agreement covers gates; so does the Residential All in One if it’s a residential subscriber.  This is so even though the printed forms do not specifically use the word “gate”.  
            The Commercial or Residential All in One do not limit their use to electronic alarm signaling systems, which covers lots of different type of monitored systems.  Access control is covered.  Environmental detection systems are covered.  The Commercial All in One does not cover fire or fire related systems.  If the system requires Fire Department permit and approval the Commercial All in One is not the right contract; use the Fire All in One.  [note: the Residential All in One does cover fire alarm equipment and systems]
            But all other detection devices and systems are covered by the Commercial All in One.  The contract is written broadly to encompass any system or equipment that could conceivably be used or intended to detect security.  Security is itself a broad term and the All in One can be used for intrusion, panic, environmental, gates, guard response.  
            The appropriate place to describe your equipment and system is in the Schedule of Equipment and Services.  In this Rider you can expand upon the details of the system, how it works and what response can be expected.  Gates easily fit under the access control category or you can add a separate check box for gates if that is something you regularly offer to subscribers. 
            If you need assistance wording the All in One or its Rider just give me a call and we will quickly resolve the issue.
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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