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Question re Signs and Decals
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Ken,
Thanks for your daily emails, always a great read!
We are finding more and more residential and commercial locations that have either a sign or decal put up. When you have a growing company with a solid sales team, you don't get to meet every client, however it is very exciting seeing your signs and decals.
However, when I search our database of clients, I frequently find that a location that has our decal on their front commercial door is not a customer of ours at all. So my question is:
1) Is there anything I can do regarding our signs/decals being used without authorization?
2) What about a client who moves out of a building that has our system, and then the new client moves in, and doesn't want your product/service but your signs/decals are still up? Anything we can do with that one?
Thank You,
Ryan Anderson
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Answer
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Interesting question and as I prepare this response I am not sure if the Standard Form Contracts still have a provision that states that signs and decals remain the property of the alarm company. That provision was a staple in the older version of the Contracts.
Alarm decals, and I suppose signs, have been around a long time. Whether you can remove the signs and decals depends on the contract terms. If you've sold the alarm system and haven't reserved ownership or separately dealt with the signs and decals then you won't be able to remove them. Conversely, if your contract states that you can remove them when the relationship is over then you can, assuming you can gain access to the premises.
Alarm companies have mixed feelings about the signs and decals. Most, I think, like the idea of the signs and decals remaining out there for the free advertising they provide. Other alarm companies, for various reasons, ranging from potential liability to the property owner deriving some benefit that isn't be paid for, want the signs and decals removed.
Certainly you can end up getting sued if there is a loss at a premises and your signs and decals are on premises. A lazy lawyer or investigator may just throw you into the pot. You shouldn't have any liability but crazier things have happened.
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Question re fire inspection liability
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Ken
When monitoring fire alarm accounts are we liable at all as a company if the establishment chooses not to have their annual fire alarm inspection performed? This is usually because they don’t want to pay the fee for the inspection.
If we are liable, what for and why?
If we are not liable what can we do to educate our customers to ensure they are up to date on the inspections?
If they do not have them inspected what are the repercussions for them?
Do we need them to sign something that shows they are declining the inspection?
If a fire alarm inspection is performed what kind of liability does the technician have that inspected the system should something malfunction?
Erica LaBrie, Office Manager
Security Pro of Florida
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Answer
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Fire alarms present a different set of rules and of course exposure. I suppose on the one hand you can thank your local government for imposing fire alarm regulations because your subscribers require your services, it's not optional. On the other hand you too are subject to the rules and oversight.
Your exposure will depend on what you have agreed to do, as long as you perform within the rules. So if you agree to just install a fire alarm system then that's all you need to do. You don't have to provide service, monitoring or inspection. The end user will require those services, but if you haven't contracted for the services you're not under any obligation to provide them.
It's a bit more complicated when you agree to perform some but not all of the necessary services. For example, if you agree to install, service and monitoring a fire alarm system what happens when that system isn't inspected as required? Clearly you're not in the same situation as you would be in if you just installed the system and ended your involvement. You've agreed to provide monitoring, so you have a continued relationship with the end user and the fire alarm system. Despite clearn contract terms and limits I can envision a court deciding that because of the pervasive public interest in fire alarm systems a licensed or professional alarm company that is providing monitoring and or service to a fire alarm system should have taken some measure to provide the inspections. Keep in mind that lawsuits from non contracting parties are more common in fire alarm cases. That means that the contract is not going to protect you from these third parties because they didn't sign any contract, yet claim they are entitled to some recourse against you because you didn't do your job properly and they suffered damages.
What should you do? Well, the Standard Fire All in One is designed to keep you out of this kind of mess. All you have to do is get the All in One and use it. Why is the Commercial Fire All in One the premier contract for commercial fire alarm? I'd like to think it's because the contract screams out loud to the alarm company and your subscriber that all of the rules and laws pertaining to fire alarms must be complied with. The separate services, including inspection, is listed and separately priced. You contract for these services at the same time you contract for the installation. It's your job to make sure all parts of the All in One contract are included in your transaction, and if anything is left out, such as inspection, you need to make certain that not only is the contract clear that the service was excluded, but that the subscriber understood the exclusion. Furthermore you need to know how your AHJ is going to deal with you when it turns out you were performing some but not all of the necessary services. The AHJ may not like the idea that you monitor a fire alarm that you or no one else inspects. You don't want to run afoul of the AHJ because even if the rules don't require you to monitor only an inspected system it isn't going to be helpful in your business if the AHJ has a poor opinion of your work and work ethics. Your subscriber has only one fire alarm to be concerned about; you have hundreds or more.
When it comes to commercial fire do it right or don't do it at all, and use a proper fire alarm contract, the Standard Fire Alarm All in One.
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Speaking Engagements
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SentryNet's 19th Annual Dealer Conference. April 22 - 24, 2014 at Harrah's in Tunica, MS. register at http://www.sentrycon.us or call Peggy at 800-932-3304 for more information. www.sentrynet.com
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Northeast Security & Systems Contractors Expo Thursday, May 22, 2014 10 am to 5 PM at Royal Plaza Trade Center, Marlborough, MA. registration https://www.expotracshows.com/neacc/2014/ Presentation on Alarm Law issues and Q&A will be at 2 PM. For more info contact Gary Spaulding, NEACC President 207-384-2420 gary@spauldingsecurity.com
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com