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 ************************************ Was contract properly signed / Multiple locations, one contract June 5, 2020 ********************** WEBINAR: ********************** Title: Guarantee and hold back issues / valuation in era of coronavirus When: June 9, 2020 12 PM EST. Presented by: Ken Kirschenbaum,Esq. Guest panelists: Mitch Reitman, Rory Russell Who should attend: Alarm owners Register: https://attendee.gotowebinar.com/register/4133674845025391119 ************************** Was contract properly signed ************************** Ken, We emailed a new agreement to a past repair only subscriber for "per call service" and "inspections" going forward. The subscriber is (will be) a Corporation. We received the agreement back via email with only the signature and printed name of the managing agent. We sent an email that the entire form must be completed and signed by an officer of the corporation duly allowed to enter into an agreement, and the personal guarantee must be completed as well. 1. Now they are saying they have no access to a printer and scanner to fill in and sign the agreement due to no access to their office because of the Covid-19 shut down (Manhattan), and ask if the email thread will suffice as approval and agreement. I wonder how he printed and signed the first time which was only a week or two ago? 2. Can a managing agent for a building sign for the Corporation? Thank you Jeff ****************************** Response ****************************** You were right to request that the entire agreement be returned, signed. The email chain can be used to establish the subscriber's consent to be bound by the agreement. A managing agent can sign for the corporation, but you should get some proof from the owner that the agent is within its authority to sign for the principal. The "proof" can be a writing, but usually it's implied from the conduct of the principal and agent. If the agent is the managing agent, and by all appearances is the managing agent, then the agency can be implied, and relied on. ****************************** Multiple locations, one contract ****************************** Ken Our company provides alarm monitoring/service to several clients with multiple locations (example: village/city/municipality which has 30+ monitored sewage/lift stations). In instances of numerous locations within the same state, is it acceptable for us to utilize the Kirschenbaum contract template prepared as a ‘blanket’ contract and list each location individually on the schedule of equipment/description of services page rather than obtain a separate document for each site? I should mention that the clients in question do have the same ‘bill to’ address for their various locations but different physical addresses. Thank you in advance for your assistance! Best regards, Stephanie ******************************** Response ******************************** The easy and best way to deal with this is to use the Rider for Multiple Locations. You get the All in One signed once and then comply with the Ride for the additional locations. ******************************** To order up to date Standard Form Alarm / Security / Fire and related Agreements, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY 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. ************************************************ Getting on our Email List / Email Articles archived: 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
