KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Contract sale over tomorrow / Using the subcontractor agreement / New Year comments / Cancellation notice
January 11, 2021
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THE SALE ENDS TOMORROW.   

SAVE THOUSANDS DURING THIS SALE
SEE BELOW FOR DETAILS 
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Using the subcontractor agreement
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Ken
            I have a question on how to fill out the general contractor document. 
            We have several national accounts across several states. We subcontract out the work in most of these regions. Most of what our subcontractors are doing for us is service work. They've been working for us for many years. I want to get them all under contract but I'm not sure how to fill this out to leave it open ended, meaning they invoice us per service call. Each contractor could be doing anywhere between 3 and 4 services calls for us every day so the pricing is all over the place. They invoice us time and material and we invoice our client time and material. 
John 
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Response
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            We draft our Standard Form Agreements in as general terms as we can so that they can be adopted to accommodate the specific terms negotiated by the parties.  But, the specifics do have to be added.  In your case you are looking for a “master” arrangement whereby the subcontractor agrees to perform service and invoice you for payment.  You might want to consider an approval process before the work is performed to avoid conflict in the event your customer doesn’t approve the repair or the price.
            It’s a good idea to have a written agreement between contractor and subcontractor.  Like any “agreement” it’s best to have it in writing and in a document that addresses all or most of the issues that can arise going forward.  No one looks forward to disputes and a properly worded and comprehensive written agreement can go a long way to avoid a dispute because the outcome should be a foregone conclusion if the subcontract agreement is enforced.
            Our Subcontractor agreement is one of our Standard Form Agreements.
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New Year comments
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Ken
      Resolution : Run your company as if you were going to keep it forever or sell it tomorrow - starting with correct contracts !  If you need some guidance call Jim Jr Alarm Financial Services 415 509 4750 
James T Wooster
www.alarmfunding.com
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Ken
            Just wanted to thank you for what you do for our security industry. The information
you provide is always outstanding and thought provoking. Wishing you, your family and staff MERRY CHRISTMAS
Jim Buckley
Buckley Security Service, Inc
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Cancellation notice
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Ken
            I have a question regarding the “Notice of Cancellation” form. Does this form need to be sent for existing customers who are not under an agreement? It seems to me that this would only need to be used in a new purchase as a (rescind) in which case does it need to go to residential and commercial?
 Thanks
Lisa
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Response
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            I am not sure where to start.  Why do you have “existing customers who are not under an agreement?”  You shouldn’t, simple as that.  I won’t bore you with asking how’d you feel if they didn’t make a payment; I don’t care.  But how about one, or all of them, suffering a loss because the alarm didn’t work and deciding to sue you.  For how much?  You tell me; what’s the building and contents worth?  What’s the personal injury or death of a subscriber or third person on the premises worth?  
            Didn’t get the message yet?  Getting ready to sell and want to know what the accounts without a contract are worth?  Zero; they are a negative.  
            The 3 day notice of cancellation is given to a homeowner at the time the contract is signed.  If electronic then it’s part of the electronic contract documents.   
            If you routinely don’t bother with the 3 day notice of cancellation you may want to prepare for one of these events:
  *  The attorney general of your state scooping down and requiring you to send the notice and refund all money received to every customer not getting the notice
  *  the consumer affairs agency fining you and making you cancel all contracts
  *  a potential buyer of the accounts telling you they will be excluded from the sale as unenforceable contracts
      Maybe none of the above will happen.  Maybe you’ll get luck.  Maybe you should be playing lotto instead of wasting your time in the alarm business.
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NOTICE: - CONTRACT SALE ENDS TOMORROW
The discount will be applied on orders received between now and January 12, 2021 by midnight*.  This will definitely be the best deal of 2021.  If you have K&K Contracts changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months from date of purchase***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 12, 2021, so please be patient.  When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only. 
    The Standard Form Agreements have been updated for 2021.  If your contracts are from 2019 or earlier you need to update.  If you have a 2020 Contract the Contracts were updated throughout 2020 and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Contracts purchased after September 1, 2020 are already updated.  Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed.  The sale ends January 12, 2021; the sooner you order the sooner you will get the contracts. 
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How to order: order at www.alarmcontracts.com ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Client receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount.
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Here's the deal:
    Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice   Save up to $150
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell rider.   Save up to $575.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    Fire All in One with Security Rider $1250.00. Save $300.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service  $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
    Nationwide DIY with monitoring.  $3500.00 Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 12, 2021 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.

** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only

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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick 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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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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