KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Finally getting security contracts / Alarm fines
August 7, 2020
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Finally getting security contracts
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Ken,
            I am interested in getting new monitoring contracts for various alarm systems with a focus on converting from POTS lines to cellular or internet or upgrading from existing cellular service that will be end of life.  My goal is to have every customer sign a new agreement with the upgrade.  We have been in business 30+ years and do not do a lot of alarm systems and we have not been as diligent with monitoring contracts, etc., as we should be and I need to get that part of my business cleaned up.  
            Most of our work is government and Fortune 500 access control and CCTV systems so we generally sign POs and contracts issued by the customer or general contractor so we rarely provide an installation contract to our customers, but it does happen, so I am also interested in getting updated installation contracts.    
            Please contact me at your convenience.
Daniel
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Response
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            Better late than never.  You should be using updated contracts for your security business.  You get the industry gold standard forms here:  www.alarmcontracts.com
            You have a particularly high end customer base, government and Fortune 500 companies, and often as a subcontractor hired by a GC.  I understand that these customers are more likely to present you with their contract [vendor] form and expect you to sign it with little discuss or changes, and I don't criticize you if you do.  But keep in mind that 1) if you don't have a Standard Form Agreement to give these customers they will never sign it, obviously, and 2) you should agree to sign these customer form contracts only for installation work, not RMR services [monitoring, repair service, inspection, and access control administration].  For RMR services you really need to have your own contract form, present it, meet the challenges, and get it signed.  Also, once you perform RMR services you must have E&O coverage.
            The services you mention are all covered by the Commercial All in One.  If you do fire, then it's the Fire All in One.  Also, be sure to get and use the Disclaimer Notice, especially for the security services.
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Alarm fines
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Ken
            Do your contracts specify that the alarm company can look to the subscriber to collect any fines levied by the AHJ?
Anon
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Response
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            Yes, the provision is clear as a glass of water [and just as tightly sealed].
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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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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