KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Follow up on CA early termination / Contract Sale – Day 2
January 2, 2020
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TODAY IS DAY 2 OF THE CONTRACT SALE WHICH RUNS THROUGH JANUARY 10, 2020.   SAVE THOUSANDS. ORDERS ARE FILLED IN ORDER RECEIVED [UP TO 6 WEEKS WAIT for sale orders - longer for update orders]  Order today to avoid the wait and price increase.
NOTICE: Price increase for contracts will go into effect January 11, 2020, after the sale, so be sure to order during the sale to get the discount and avoid the increase.  We have not increased the contract prices for several years and the increase will be modest. 

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NOTICE:
    The Standard Form Agreements have been updated for 2020.  If your contracts are from 2018 or earlier you need to update.  For contracts after 2018, 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.  Contracts purchased after November 1, 2019 are already updated.  Keep in mind that our updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed and sent out after the new orders are processed.  The sale ends January 10, 2020; the sooner you order the sooner you will get the contracts.   
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How to order: order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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Contract sale runs through January 10, 2020, ending at midnight EST. The discount will be applied orders received between now and January 10, 2020 by midnight*.  This will definitely be the best deal of 2020.  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***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 10, 2020, 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.


Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice
    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.   Save up to $475.
    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 $1175.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $400.00  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
    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 10, 2020 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
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Free or half price orders are processed after full price or discounted orders are processed.

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Follow up on CA early termination from December 25, 2019 article
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Ken,
             In response to a question about ‘early termination’ in the December 25, 2019 article you answered that there’s no provisions for early termination except in California. Can you please elaborate what obligation California dealers may or may not have to accept early termination?
Dan
Security One
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Response
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            California law recognizes the idea of “early termination” and permits the contractor to impose reasonable requirements for permitting the consumer to cancel a term contract early.  As I mentioned, I am not aware of any other state that has codified “early termination” in a consumer contract, other than certain cancellation rights, such as the 3 day right of recession. 
            Here is how we handle the early termination issue in California.  I am not aware of any challenge to how our Standard Residential All in One, customized for California, reads.  The right to early termination requires the subscriber to pay whatever is owed to the date of time of termination, plus 80% of the balance of the remaining contract term.
            Sound familiar?  It should, because it’s the same procedure for a breach of contract and liquidated damages found in all of the Standard Form Agreements.  
            The early termination and liquidated damage provisions need to be reasonable and, more importantly, agreed to.  The Standard All in One Agreement is clearly written and these provisions are prominent in the Agreement.  
            The Nationwide DIY contracts for security and for PERS also include the Californian requirement for California residents.  It’s not always an issue for these nationwide agreements because often subscribers are permitted to cancel anytime or on 30 day notice with no long term commitment. 
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To order up to date Standard Form Alarm /  Security / Fire and related forms, click 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