When to start RMR charges / Up-coming webinar sponsored by ESA November 19, 2019

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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When to start RMR charges  / Up-coming webinar sponsored by ESA
November 19, 2019
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Party Time: Just a few more spots available. Space limited.  You are invited.  RSVP today [unless you have rsvp'ed already] - only if attending.
K&K’s annual holiday party is on December 5, 2019 from 6:30 to 10 PM at Pine Hollow Country Club in East Norwich, NY. We still have limited room. If you are attending and haven’t RSVP’ed yet the please email Amy at ALaVeglia@kirschenbaumesq.com or call her at 516 747 6700 x 313 no later than this Wednesday, November 20, 2019.
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Webinar Notice:
Title:  contracts and insurance – identifying your risk in 2020
Date:  November 25, 2019  at 2 PM Central time [3PM EST]
Hosted by ESA
Presenters:  Sophia Dominguez, from ESA, Crystal Jacobs, from Security America and Ken Kirschenbaum, Esq
Format:  round table live video discussion and power point
Who should attend:  alarm company owners, monitoring center owners, risk managers
Register Here:  https://zoom.us/webinar/register/2615732472365/WN_nGQNtCosQjSPWzBL7_clIg
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When to start RMR charges
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Ken
            We would like to change our policy for how we charge for test and inspections of fire alarms. How could we make this possible using your Fire All in One agreement?
            We want to give the first inspection without charge and start billing for inspection after this first inspection. We are going to require a 36 month term. We anticipate that the first inspection will be between 6 to 12 months after we sign the subscriber up.
            What are your thoughts?
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Response
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            All the Standard Form Agreements provide for RMR items and the charges begin on the first day of the month following the execution of the agreement. Of course you can waive a number of payments or change the start date, and you would make that change in the Schedule of Equipment and Services.
            But be careful what you ask for. Beginning the RMR charges on the first of the month after the contract is signed was not an arbitrary starting point. Many alarm contracts [drafted by others, including ingenious alarm company owners] have other imaginative starting points. These could include: once the system is installed; once the system is approved by the AHJ; once the system is activated; once the building is occupied; could be once anything happens.
            The problem arises when the trigger event never happens. Most often this happens when the system isn’t installed because the subscriber prevents installation. Next most popular event, or non-event may be a better way to describe it, the system is never activated with the monitoring center because the subscriber doesn’t get any communication pathway in the building. These kinds of situations have presented to K&K's collection department when our client wants to sue the subscriber. Problem is that the RMR never commenced because the triggering event never happened.
            Of course we argue that the triggering event didn’t happen because the subscriber breached the agreement, but this causes us to have to deal with the additional factual issue of who actually breached and why wasn’t the system installed or activated.
            So, answer is, yes you can make the change in commencement of RMR charges, and you can change anything else you want in the Standard Form Agreements©; just be mindful that a lot of thought and experience went into drafting the Kirschenbaum Contracts ™ and you should make changes carefully.
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Up-coming webinar sponsored by ESA on November 25, 2019 at 3 pm EST
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Identifying your Risk in 2020
Description
Your contracts are under greater scrutiny from consumers and clients than ever before and a single mistake could potentially destroy your company. We know that electronic security and life safety installation and monitoring companies face significant risk each day: injury to workers, fleet accidents, property damage and lawsuits can all impact day-to-day operations and bottom lines.
This is why ESA created an A+ rated Insurance Company, Security America. In this webinar, you will:
• Learn about the liability risks you and your company will be faced with now and in the years to come
• Understand why Kenneth Kirschenbaum recommends ESA's Security America coverage to companies all across the nation and hear directly from Mr. Kirschenbaum himself; along with Security America's own, Crystal Jacobs, who recommends Ken’s industry-specific contracts.
• Discover how to safeguard your company and mitigate these risks with the proper coverage, preparation, and know-how
Time
Nov 25, 2019 03:00 PM EST
Register here:  https://zoom.us/webinar/register/2615732472365/WN_nGQNtCosQjSPWzBL7_clIg
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To order up to date Standard Form Alarm / Security / Fire and related forms, click here:  www.alarmcontracts.com
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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