QUESTION:

HELLO MR. KIRSCHENBAUM,

    Thanks for all the knowledge you provide to us new starters.  I read your articles and it is a learning curve for me.

    I install alarms but I use someone else contracts and his monitoring service since I don't have a license.  I am based out of South Florida and am in the process of obtaining my license so I can go solo.

    I also import DVR's and camera systems and do installations as well. my question is.. is there a contract or disclaimer which explains that the installer is not liable if a storage device like hard drive fails.  I had an incident where hard drive crashed after almost 15 months and customer lost data.

    I would like to know if you have such a write up, which I can make customer sign on every job, so I cannot be blamed for it.

    I buy the best hard drives, but, anyone will tell you that it is not guaranteed.  So far I only had one incident and surely don't want any issues in the future.

    I advice to customers that they need to invest in an external source of back up or IP back up where there are companies offer storage at their websites etc

    I appreciate if you can look into this.

    thanks

Tony Hasham

Alarm & Network Services

Miramar, Florida

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ANSWER:

    This question caused me to review the existing Standard Security Contracts.  Only the Supervisory Equipment Sales, Monitoring & Service contract contained language that "Seller shall have no liability for data corruption or inability to retrieve data ..."    I have updated the Standard Sales contract and Standard Service contract to include that language.

    When do you use the above contracts? The Supervisory Equipment Sales is for CCTV where you set it up for central station video monitoring or data storage.  If you sell or lease CCTV with only a local DVR, with or without internet viewing capability, you use the Standard Sales.  If you intend to service the CCTV with local DVR, use the Standard Service contract. 

   All of the Standard contracts do already have exculpatory and limitation of liability provisions that should be sufficient to protect you for DVR breakdown, but the new language will be more specific and remove any doubt as to your exposure. 

   The latest version Sales, Service and Supervisory Equipment contracts will have a 9/07 copyright.