March 31 2012

 

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Question re radio for fire alarm

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Ken

We utilize your all in one Fire All in One [ Alarm Sales, Monitoring, Inspection and Service] Contract. We plan on using AES radios as the primary source of communication. Can we substitute the term RADIO into the contract, or should we simply use your lease contract when leasing the AES radio?

Also, we are ordering your residential/commercial monitoring, sales and service contracts.

Thank you for your commitment to our industry.

Anon

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Answer

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Assuming you are permitted to use radio as your communication device for a commercial fire alarm system, you can use the Fire All In One. There is no need to use the Commercial lease. The contract should be clear that the Communication System, which will by definition include the communication device, remains your property and is not included in the sale. All Standard Form Contracts that provide for monitoring now provide that the Communication System [as opposed earlier versions of the form that had only software] remains alarm company property.

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Question re alarm stickers

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Hello Ken,

We are a new alarm installers company, We recently purchase alarm monitoring contract from you.

We have a question regarding warning signs and stickers that could be installed on customer premises.

We wonder if the word “protected by” should be used or not, or what is an alternative words should be used on our signs and stickers.

Thank You

Peri

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Answer

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We do try and avoid representations that the alarm system is designed to prevent loss, but we haven't given up on the idea that the alarm system and the alarm service does provide a level of protection. I have no problem with using the word "protection" in the sticker.

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Question re scanning

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Hi Ken,

Just a follow up on the scanning question. You say that we don’t have to keep a copy of the contract once we’ve scanned it. We are in the process of scanning and a concern I’ve raised with shredding the original is that the back (terms and conditions) are not signed. The front does say that the contract includes the terms and conditions on the reverse side. My concern is that should we end up in court a client could argue that what we are showing as the back of the contract on our scan was never actually on the back of his contract. Is the statement on the front that it includes the terms and conditions with the client’s signature going to cover our butts or do we risk having the terms and conditions tossed by a judge if we can’t present the original to prove that the terms were part of the same document?

Regards,

Kevin

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Answer

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Retaining the original is the easiest course of action. You can always face a challenge to the authenticity of the contract, or that it's been forged or altered or the form you offer is incomplete. That claim could potentially arise even when you do have the original. How copies are made and how you can prove the chain of events will determine if you prevail in your case where the contract is challenged.

For example. You scan front, which is signed, and you scan the back, which is a form that has no signature. If I am trying your case, and I know there is a defense that the back of the contract is not a true copy, I will want testimony from the person in charge of scanning how that process is done. I'll want you to produce an original form for that version of the contract. You will testify to your business practice, and perhaps to actually remembering this contract in particular when it was scanned.

While it's not necessary, if your practice is to scan and then destroy the original, it might be prudent to have the back signed along the side or initialed by the subscriber. You'd have only the original signed that way since that's the copy you are scanning.

 

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