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 white list ken@kirschenbaumesq.com ******************************* Notice:Alarm accounts for sale.Indiana. approx $4500 monitoring RMR. 50/50 resi/com. Serious all cash buyers only. Contact our Attorney Jennifer Kirschenbaum,Esq at Jennifer@Kirschenbaumesq.com or 516 747 6700 x 302. ******************************* more on protect v detect June 28, 2019 *************************** more on protect v detect from June 25, 2019 article *************************** Ken With regard to the terms PROTECT AND SERVE as it applies to municipal governments, the police and fire departments DO PROTECT and serve. 1- They are ON DUTY 24/7 2- They are actively looking for trouble. (Watching for suspicious persons is a PRO ACTIVE element. Actively patrolling being vigilant for the signs of a crime about to happen or IN PROGRESS. 3- The fire service in addition to rushing in when others are rushing out to quell an emergency the fire service also has a PRO ACTIVE ELEMENT. 4- Fire safety inspections 5 - Fire investigation to determine the CAUSE and take steps to prevent similar occurrences. 6- Fire inspections to prevent a fire from starting. 7- Inspect to make sure life safety systems are installed and working properly. So in my outside the box thinking I feel that besides having immunity by statute I believe the police and fire service does actively protect, unlike the alarm company that installs a system and says IT WILL PROTECT YOU when we know it will only DETECT AN EVENT not PREVENT. If it fails to work, call and we will fix it. As I have said before I am an electrician not a lawyer so I defer to YOUR expertise (And maybe Jeffery Z?) to pick this apart...... From deep in hiding, Joel Kent FBN **************************** Response **************************** Great points. I should have noted that in addition to pointing out the governmental immunity. **************************** what about existing yard signs **************************** Ken, What do we do if we have promotional materials like yard signs that say protected. Obviously, the next signs ordered will not say protected, but what about all the others. Should we start using that clause you suggested in your newsletter in our contracts? “for purposes of this agreement and all Company promotional material, the word “protection” or any variation thereof, shall mean “detect” or any variation thereof.” Christine Schwartz California Safety Company, Inc *************************** Response *************************** Since the word "protect" appears only once in the Standard Form Agreement All in One, in the Limited Warranty provision, I don't think it necessary for that reason alone to change the contracts. However, because "protect" and its variations appear in alarm company names, promotional material, yard signs, decals, website and advertising, I do think it's a good idea to include " “for purposes of this agreement and all Company promotional material, the word “protection” or any variation thereof, shall mean “detect” or any variation thereof.” That sentence or something like it will be in the 2020 updates. Regarding existing yard signs. I don't think this issue rises to the level of panic just yet. Leave the yard signs and when you order new ones eliminate "protect" and variations. ************************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************************ 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
