KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Jamming technology / Changing CS and K&K Rider / happy holidays December 26, 2024 ************************ Jamming technology ************************* Ken: I have been thinking about the situation of the dealer deciding to pay for the small loss suffered by the customer [December 10, 2024 article] and was wondering the following scenario the dealer may not (or may have) thought of: With the proliferation of the jamming technologies out ‘there’ I’m wondering if the ‘takeover’ module was jammed and then once the criminals left the module ‘woke up’………. Just a thought as wondering minds wander!!!!!!!!! Respectfully, Joseph (Joe) Pfefer President & Founder Jade Alarm Co ************************* Response ************************* Jamming technology and whether there are devices to protect against the devices is above my expertise. Alarm dealers need to make their customers aware of the potential shortcomings of security systems and advise if there are countermeasures or additional devices that can enhance security. That is one of the purposes of the Disclaimer Notice, which should be used after every installation, upgrade and arguably every service call. *************************** Changing CS and K&K Rider *************************** Ken We are looking to change our central station. The new cs has requested to be named as insured on our General Liability insurance as well as a waiver of subrogation. They appear to have K&K contracts as do we. The contact at the new cs says they often will revise the K&K Rider and sign the document. We have not received the Rider agreement yet however; we do not want to have them alter our agreement in any way Your suggestions here? Thanks, GU ****************************** Response ****************************** All cs Dealer Agreements typically have an indemnity provision which requires the Dealer to indemnity the cs. The K&K Rider to CS Dealer Agreement limits that indemnity provision and it is essential that you get and insist on the Rider, at least that provision in the Rider. Other provisions in the Rider may not apply in your particular deal, such as the right to cancel and leave at any time with no penalty, but the indemnity issue needs to be added and the Rider does it in simple terms that every Dealer needs. Note that I do not want the cs to re-write its Dealer Agreement; I don’t want the cs making changes to accommodate the K&K Rider. I want the Rider attached to the cs Dealer Agreement. While some provision in the Rider may be stricken or changed the indemnity provision is not one of them. The Rider to CS Dealer Agreement will be going on sale in 5 days; may as well wait until then to order it. The K&K 2025 Annual Sale will start December 31, 2024 and the sooner you get your order in the sooner you’ll get the 2025 updated contracts. If you think you have the most updated contracts, you don’t. I just updated the contracts today. ***************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
