KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More comments on central station operations
November 20, 2021
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More comments on central station operations from article on November 12, 2021
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Ken,
Your November 10, 2021 question from our old friend Anon “Can central station demand exclusivity” was interesting. This is yet another reason why owners should have an agreement, especially one as significant as their central station agreement, reviewed by an attorney that understands the industry, especially if that attorney has a Concierge Service.
I run into these issues all of the time, a client has entered into an agreement that restricts their rights and thinks that it is somehow unenforceable. I’m not an attorney but I do know that businesses have fewer implied protections and that, when they give up certain rights, the Courts aren’t always going to come to their aid. It is important to remember that business owners aren’t little old ladies that can invoke consumer protections when they appear to have been taken advantage of. Many time “egregious” terms in Agreements are the result of bargained terms and accommodations by the service provider, as you correctly pointed out. I had a client who signed a 48 month central station agreement which gave him 6 months’ free monitoring and wanted out in month eight because he was selling.
The exclusivity provision may be used for a variety of reasons but I have seen dealers who have attempted to circumvent the central station agreement by slowly swinging accounts to another station. This is especially an issue in a situation where the central has given them free service or some other accommodation.
I can’t stress enough how important it is for a company owner to understand the terms of their central station agreement, or, at least to have a copy of it handy.
Mitch Reitman
Reitman Consulting Group
|Fort Worth,
817-698-9999
http://www.reitman.us
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Another comment
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Ken,
Mark Matlock here, VP of Sales at National Monitoring Center (NMC).
To "Dealer X". First of all, great question Dealer X. I’ll re-phrase it to say, Why choose NMC?
* Phones answered in your company’s by a live operator in 2 rings or less over 98% of the time
* Best combination of technology and customer service in the industry
* 24/7 Dealer support plus award winning technical support including after-hours technical support to end users
* Award winning Proactive Video Monitoring to radically grow RMR
* Consultation from a trusted advisor to help you grow your business
Lastly, I would add that NMC’s reputation for integrity is second to none. More than anything, you want to be able to trust in the people who manage such an important part of your business. NMC is worthy of that trust.
Mark Matlock, VP of Sales
National Monitoring Center (NMC)
Cell – 210-376-0876
mmatlock@nmccentral.com
www.nmccentral.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
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