January 25, 2011
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Ken,
After thirty years I never stop chuckling when new subscribers argue, dissect and relentlessly try to get us to delete critical paragraphs from our own (that is, the dealer's) set of agreements.
(If that doesn't work, they take the contract set off our hands so they can "have their lawyer check them out." They also try to get us to proceed without signed contracts. Which we don't, of course.)
We answer all their questions and eventually convince them to sign our un-gutted forms.
After all that, they pick up the "Three-party" central station contract, which is so lengthy and full of fine print that it won't even fit on a legal-sized page (and later has to be copied in two passes). As it flops down to their knees, they almost need help to drag it up onto the table. Then they sign it without even glancing at the back! How do you explain this?
I think the trick is to put your company name so big at the top of the front page that everything else is utterly dwarfed and their eyes can no longer adjust to fine print.
(Once in a while a customer refuses to sign an unabridged contract set and then we just walk. Experience tells me that these are the people most likely to shaft us later on.)
Lou Arellano
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Hi Ken;
Am I missing something here? I have been using your contracts for about 5 years. What prompted me to start using your contracts, is because the central station's contract really only protects the central station.
I have customers sign both contracts. Every now and then someone will balk at the idea. I then explain that in the event of a catastrophic loss, I'm not worried about the customer suing me, but rather his insurance company looking to subbrogate.
The way I look at, is unless my security system caused the fire that burned down the guys house, how is it in any way my fault? I know that can be an overly simplistic approach, but as long as I'm doing everything by the book, pulling permits, getting work inspected and signed off on, how much more can you CYA?
John from NJ
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Hi Ken,
I have a client that offers alarm monitoring services and he was advised that many insurers request that a termination notice be sent to the customer and local authorities when a contract is terminated.
Are you aware of this requirement and do you have a template of such notification that would meet their requirements?
Sincerely,
Joel Weiss
Business Licenses, LLC
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Who's insurer? The alarm company's or the subscriber's? Unless required by local law or the contract, no notice of termination is required. Some juridictions do require notice before terminating fire alarm monitoring, and some require notice before terminating intrusion monitoring. You need to check local requirements. If there is a local requirement that requirement may also prescribe the form of the notice and manner of service.
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Dear Ken,
Do you have a form that we can mail to our past due accounts informing them we are stopping monitoring and not liable due to not payment?
Let me know.
Sincerely,
Chris Robinson
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Not really. But you can use this if you like:
"Dear Deatbeat: We are terminating all alarm service as of January 27, 2011, 3 PM. See you in court."
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Hi Ken,
Enjoy reading your emails. My question is not a customer problem believe it or not but a favor I was asked to do for a friend. Seems this friend has rented from a landlord in the State of MA. And this landlord likes to let herself or her boyfriend into the friend’s apartment without the proper 24 hour notice and when my friend is not home. My question to you is can this friend legally put covert CCTV cameras in a rented apartment to record the landlord coming into her place without the proper notice? If I loan her equipment can I be held liable if I do not sell, install the equipment but show her how to set it up? Thank You in advance.
Eric
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Your friend can set up video, and even audio, in the apartment to be activiated when no one is supposed to be there. You can install it and show her how to use it.
Eric Schrowang
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Ken:
I believe you had written something on this a while back. I know the best way would be to get each unit to sign a contract. If that can't be done who should sign the monitoring contract and what other issues should I be aware of ?
Jack Bohannon
HJB Inc
Louisville, Ky.
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Each unit owner should sign a monitoring and service contract. The end user is the one who has to sign a contract, even if payment comes from someone else. It's not optional - you need to require this.