KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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When and how to use the Disclaimer Notice / Contract Sale Almost Over
January 9, 2023
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The 2023 annual contract sale is over in a few days and you're going to miss out on substantial savings if you don't act soon.  The longer you delay the longer you will have to wait for your new contract forms.  Order today.  See the deal terms below and don't worry - order all the forms you need - we will apply the discounts when we process the order.
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When and how to use the Disclaimer Notice 
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Ken
          Customer calls and has a fire alarm system they want inspected that we did not install. I would send an All-in-One prior to the work being completed marking off that we are performing the fire inspection. Am I supposed to send a Disclaimer Notice after we actually do an inspection so I can mark off whether there were deficiencies that will or will not be remedied?  Figured the Disclaimer Notice should go out with the contract but if we haven't performed any work yet.  How do we know what to write on the Disclaimer Notice?
Scott
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Response
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          Seems like you are about to make a classic mistake – doing the work and then sending the Fire All in One with the Inspection box checked.  The contract isn’t going to do you much – as in any – good if the customer doesn’t sign it. The most basic caveat I keep repeating is “do not alarm service without a written contract”.  The word caveat means: “a warning or proviso of specific stipulations, conditions, or limitations.”
            So when you get a call for a fire alarm inspection, whether it’s your customer or not, as in this case, you have to start with sending the Fire All in One.  The inspection box is checked.  It’s likely a per call inspection unless you can get a Inspection Plan with RMR signed. After you get the signed Fire All in One back you can do the inspection.
            The inspection should come with some report, not with a Disclaimer Notice.  The inspection report will confirm that the inspection was performed, what was inspected, whether any service was performed [careful – the inspection does not include any repairs; for repairs the customer has to check the Repairs box, per call or RMR].   But you might do some grease or oil job or whatever you do on a fire alarm inspection and you could indicate that.  Note that I am not using the term “maintenance” and I avoid that term; it’s not found in any Standard Form Agreement unless you specifically agree to perform preventative maintenance in which case you must carefully detail exactly what you intend to do and your disclaimers better be equally detailed since the system you just “maintained” could fail to operate before you drive or walk off the premises.
            Getting back to the inspection report, you will report any deficiencies and need for repairs that you find during the inspection. You leave it at that.  If the customer wants an estimate to fix any issues the customer will have to request that and it’s a separate process from your inspection; it would be an estimate for a new job. 
            Your estimate for repairs may or may not suggest additional items of work.  This is less likely in a commercial fire alarm because the system is AHJ approved. It might come up if the AHJ approval is outdated, even if grandfathered; you would point that out and suggest updating the fire alarm, going through the AHJ permit and approval process.  If the customer doesn’t want to go through that expense then it’s on the customer, not you.  Budget constraints by customers are common and not just in the alarm industry.
            The Disclaimer Notice would be more common with a security system because there is always more and better security equipment, systems and services available.  The Disclaimer Notice is merely an acknowledgement from the customer that you told them about these additional services and equipment.  The Disclaimer Notice is also where you would note deficiencies in the alarm or security design, not necessarily an optional upgrade but a security deficiency, such as failure to alarm the sliding glass door at the back of the house or the back door to the building or the second floor windows. You can always find something, even if it’s motion detectors in the unfinished attic just in case intruders decide to come through the roof; how about smoke or heat detectors in the attic or garage?
            The Disclaimer Notice is not a contract, it’s an acknowledgement by the customer.  A customer may refuse the sign it, which is OK, because you’ll send it to them anyway and retain a copy in your customer file.  Be sure to date it, even though you don’t have to sign it. 
            You might wonder why you need the Disclaimer Notice when the Standard Form Agreements already have a provision that states that you have offered more equipment and services.  The answer is that if the issue comes up, and that means there was a loss already or perhaps a competitor has offered an opinion of how deficient your system installation is, the Disclaimer Notice will be solid backup support for the All in One .  Customer are quick to deny they signed the contract, deny they read the contract, claim you said contrary things that mislead them, and other inventive and not so inventive arguments why the contract should be disregarded and not enforced.  The Disclaimer Notice reinforces the clear terms of the Standard Form Agreement – hopefully the All in One – and will make it much harder for a customer to challenge the All in One agreement.  It’s not window dressing; it’s important secondary protection and when you need it you’ll be glad you have it.
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CONTRACT SALE ENDS JANUARY 13, 2023

Join the Concierge Program before you order contracts and get additional 10% discount.  Join here: https://www.kirschenbaumesq.com/page/concierge

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NOTICE:
    The Standard Form Agreements have been updated for 2023.  Check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed.  The sale ends January 13, 2023; the sooner you order the sooner you will get the contracts.  Please do not call requesting priority unless you are a Concierge Client or have paid for expedited service.
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How to order: order at www.alarmcontracts.com - ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Clients receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount and you should take advantage of this program.
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    Contract sale  runs through January 13, 2023. This will definitely be the best deal of 2023. When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only. Just order what you need - we will check and apply the proper discounts.
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Here's the deal:
    Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice  save $150
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell Notifier rider.   Save up to $575.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $250
    Fire All in One with Security Rider $1275.00. Save $300.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $700.00
    Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service  $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
    Nationwide DIY with monitoring.  $3500.00    save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**

NEW THIS YEAR TO THE SALE:  All other contracts not listed above will be discounted 20% during the sale.  Concierge Clients will receive an additional 10%.  save thousands

* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 13, 2023 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  For Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
       Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.
** Does not include consultation or modification
     What's our Guarantee policy re updates?   
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only

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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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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.
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ALARM ARTICLES:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles  updated daily             
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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
www.KirschenbaumEsq.com