KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Fire All in One question - use Fire All in One
January 29, 2019
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Fire All in One question - use Fire All in One
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Ken
We have your Fire All-in-One agreement and have a question for you.
We have a few fire alarm accounts which we monitor without your Contract and we want to get them signed the All in One Fire Contract. We have the alarm agreement from our Central Station, Nationwide Digital Monitoring, signed with these customers.
What is the Proper way to make existing customer sign the All in One Fire Contract?
We have one customer who didn’t pay already for this year; we’ve invoiced him 2 times; still not paid. Can we tell the customer to sign the All in One Fire Contract and if not Monitoring Service will be terminated 30 days after this notice?
Please leave
Anonymous
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Response
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Your central station, Nationwide Digital, was smart requiring you to use its Three Party Monitoring Agreement. Nationwide is listed on The Alarm Exchange and uses the Standard Form Three Party Monitoring Agreement. Nationwide requires an alarm dealer who doesn’t use a proper contract to use the three party agreement. That agreement is, however, designed to protect the central station, though it does provide protection for the dealer as well. If you use the All in One agreements then Nationwide would not require that its Three Party Agreement be signed, though there would be no harm in having it signed in addition to your All in One.
The Fire All in One is an important contract because fire alarm exposure is great, and you need a great contract. You need a proper contract because you want to be protected from claims and perhaps more important to you, you want maximum value when that contract is evaluated for sale. You want 35, 40 or more multiple? Well keep dreaming if you don’t have the Standard Form Agreements. Without a proper contract you may not even be able to sell to a buyer who can actually afford to buy you. By that I mean you may get high offers from buyers who can’t afford you and want a long payout so they can buy you with your own money, or not pay at all.
For fire alarm customers whose alarms are already installed you will still use the Fire All in One for the RMR items [inspection, repair service, monitoring and more]. In the installation area you can simply write that the system is already installed, by you or another alarm company.
Same goes for commercial security systems and residential alarm systems. Just use the proper Commercial All in One or the Residential All in One. Remember, when using the All in One we strongly recommend using the Disclaimer Notice.
As for your customer who isn’t paying, if it won’t pay up and sign a new Fire All in One send a letter, regular mail, and fax or email it too, that you are terminating monitoring on specific date and specific time. Do not offer the opportunity to continue service if the customer pays. If the customer wants to pay then it will have to pay and sign a new All in One, and then service will be restored or continued.
And, just because I’m in that kind of mood, let me end this way. You are foolish doing business without an updated proper alarm contract. You risk liability and you don’t build the equity in your business that you should be building. It’s just dumb.
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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
516 747 6700
www.KirschenbaumEsq.com