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Thank you Ritch Haselden, Vice President of Essence-USA for a great webinar presentation yesterday.  If anyone has follow up questions or wants additional information contact Ritch at ritchha@essence-usa.com.  There is still time to register for Affiliated's PERS webinar on July 20.  Sign up here: https://attendee.gotowebinar.com/register/5252919376200633603
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CUSTOMER DELAYS - WHAT ARE YOUR REMEDIES
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Ken
    I have a customer (lawyer) who has signed all the proper paperwork including the 3 day cancellation and has continued to delay the job. He keeps saying he has to go to court.  This has been going on since May 28. So far he has canceled twice and is not returning my texts.  Please give me a idea how to proceed. 
George
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RESPONSE
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    This kind of issue arises from time to time; it's not uncommon in commercial installations where other trades cause delay.  In the residential setting you not only have the possibility of other trades but homeowners who think nothing of cancelling last minute because their schedule changes.  This has become so prevalent that I actually updated the Standard Form Agreements, just this week, to include a delay penalty for subscribers who cause delay.  We have provided for a liquidated damage charge of $10,000.00 per day.  Good luck collecting it.  
    George, your contract doesn't have this new provision.  You should notify the subscriber that you are going to install the system at a particular day and time.  You can offer the opportunity for the subscriber to provide an alternate date and time within a reasonable time frame, and require the subscribers response no later than a date certain.  
    If the subscriber does not respond your next letter is a notice of default, in which you will provide that you have been and remain ready, willing and able to perform your obligations under the agreements but have been prevented from performance by the subscriber and that you intend to enforce the contract provisions.  If you still receive no response then the next step is to notify the subscriber that you are terminating the contract or that you're going to sue.  In fact, you can just sue without further communication.  If your Standard Form Agreement has the arbitration provision we can support and assist you.  Otherwise you'll need to go to small claims court or engage a lawyer local to you.
    We have had some success recovering damages where the subscriber refuses to permit installation.  Be sure to establish that it's the subscriber who delayed or prevented the job from going ahead.
    Those of you getting the latest updated Standard All in One forms may hope for unjustified delays hoping to cash in on the delay charge.  We'll see how that goes.
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                                           PERS: SERIES - WEBINARS 
                              WEBINARS - ALL WEBINARS ARE FREE 
HOSTED and moderated by KEN KIRSCHENBAUM, ESQ.,  KIRSCHENBAUM & KIRSCHENBAUM

WEBINARS:  PERS:  Personal Emergency Response Service  / Medical Alert:   how and why you need to consider getting into that business  Everything you need to know and do to get started with PERS or grow your PERS business to a nationwide operation.  Presented by a leading PERS manufacturer, a central station specializing in PERS monitoring, attorneys who will address licensing and contract issues and telemarketing issues.  Sign up for each webinar separately.  These webinars are FREE.  You need to register in advance to reserve your spot [attendance is limited] and sign in a few minutes before each presentation.
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Title:  How to Select a PERS Monitoring Center
Date and time:  July  20, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5252919376200633603
Presented by:  Mike Zydor, Managing Director of Affiliated Monitoring www.affiliated.com
Topic:  Selecting the right monitoring center for your PERS business is a key to growth
Q&A:  Send your questions in advance to Mike Zydor at sales@affiliated.com
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Title:  Licensing and Contracting for your nationwide PERS operation
Date and time:  July  27, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5380922320883276803
Presented by:  Licensing by Nicoletta Lakatos, Esq., licensing counsel at Kirschenbaum & Kirschenbaum; Nationwide PERS Agreement by Jesse Kirschenbaum,Esq., contract counsel at Kirschenbaum & Kirschenbaum.  Moderator: Ken Kirschenbaum
Topic:  Licensing for nationwide PERS.  Agreement needed for nationwide PERS
Q&A:  Send your questions in advance, for licensing to Nicoletta Lakatos at NLakatos@KirschenbaumEsq.com and for contract questions to Jesse Kirschenbaum at Jesse@KirschenbaumEsq.com
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Title:  Telemarketing nationwide 
Date and time:  August 3, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/3591740925073303811
Presented by:  Matthew Pitts, Director of Legal Compliance, Alliance Security, Rhode Island.
Topic:  state telemarketing licensing; Federal and State Do-Not-Call compliance and call scrubbing; current legislation including the Telephone Consumer Protection Act (TCPA) and the Telephone Sales Rule (TSR); vicarious liability and the use of sales affiliates; recent litigation trends. 
Q&A:  Send your questions in advance to mpitts@alliancesecurity.com
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