Q&A on contract renewal / burglary loss and no contract signed / Free Webinar September 14, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Q&A on contract renewal / burglary loss and no contract signed / Free Webinar
September 14, 2018
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Free Webinar:  September 27, 2018. 12 to 1 PM EST. Round table discussion on preparing your company for sale [we may get to buying considerations too]. Business brokers and consultants will join the discussion. Mitch Reitman, Robert Shoremount, Barry Epstein and Rory Russell are our Round Table Experts. Join us by reserving your spot: Click here: https://attendee.gotowebinar.com/register/597273801145255682
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Q&A on contract renewal
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   Here is exchange I recently had that should be of interest to all:
Ken,
   We have been using your contracts for years. We have a few questions about sending out new contracts to customers that have run past the original term. We now send them in the mail.
Question 1) Could we use the 1 page Central Station monitoring agreement since we have went to the all in one and have plenty still printed? Also they are only 1 page and there is less places for the customer to initial and sign.
Answer no. I think you are referring to a monitoring contract given to you by the cs. That's not your contract. You can get a Monitoring Contract from me, but that won't include repair service. All in One still the best.
Q 2) Can we send them out electronically?
A yes, though you should have the Disclosure and Consent to Electronic Communication form also
Q 3) Do we need to contact you to find out when we should be using a newer version of your contracts since they may have updated protection?
A yes, though I announce it in the daily articles. Unless you bought in 2017, it's time to update.
Q 4) Does the letter we send out with the contracts suffice in place of the Notice of Cancellation form?
A if doing it by mail you don't need the cancellation form. so you can send that in mail too if you want to, or don't sent it at all

burglary loss and no contract signed
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Ken,
   We have a small business customer (small jewelry store) who we recently installed alarm system for. He had a break in today and claims they took his jewelry and the alarm didn’t go off (which we don’t see any signals for). We noticed we had sent him a DocuSign agreement that is still pending which he never signed. He’s threatening to sue us for the loss. What are the possible scenarios and what options do we have.
   If you are using this email for the newsletter, please keep it name
withheld

Response

   It was sloppy of you to do work without a signed contract. Docusign or any other method of contract execution -- you need a fully executed contract before you do the work.
   Your central station is as sloppy as you; they accepted the monitoring without a contract in place.
   I suggested you notify your insurance carrier of the claim and you advised that you don't have E&O coverage; I told you to call SARPG.
   If a claim is brought against you there won't be a contract to protect you. If it is established that you were negligent you will be exposed. There are still ways to defend the action, but without a contract to protect you the litigation process will be drawn out. You will have to pay for the defense, though you should send the claim to your insurance company - maybe they will cover it. You have nothing to lose sending it over.
   If you get sued you must engage counsel immediately, or if the claim is low enough, settle quickly.
   Also, get the contract signed and discontinue any services until it is signed. If you are in NY or NJ you can engage my firm to represent you if your insurance carrier won't step in.
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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
516 747 6700
www.KirschenbaumEsq.com