Will Honeywell re-introduce Interlogix/Network / Which state law governs for audio / Contract sale final days January 8, 2024

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 whitelist ken@kirschenbaumesq.com
**************
Will Honeywell re-introduce Interlogix/Network / Which state law governs for audio / Contract sale final days
January 8, 2024

CONTRACT SALE OVER IN FOUR DAYS -ORDER TODAY

Will Honeywell re-introduce Interlogix/Network

Ken,
          Recently [Dec 8 2023] I read Honeywell is purchasing the security division of Carrier/UTC.
          In still an unexplained action Carrier/UTC abruptly stopped domestic production and support for Interlogix/Networx security products leaving many dealers unable to properly support their customer bases & exposing them to potential exposure by not able to do so properly.
My question is, if you or anybody out their knows if Honeywell will be re-introducing this product line once the sales transaction is completed?
Thank you Ken for being there!
Danny
*
Response
**
          I don’t  have any information other than what I found on google:
Does Interlogix still exist?  The Interlogix U.S. and Canada businesses wound down in late 2019, and technical support ended on December 31, 2021.
Who bought out Interlogix?
         In 2002, interlogix was acquired by General Electric and renamed to GE Security in 2004.
          Anyone have anything to add?

Which state law governs for audio

Ken,
          I do not think that you have addressed a subject that has been more closely scrutinized, by your followers than recording conversations. The one piece that has not been clarified to me is does the origination state control whether the "one party consent" rule is in effect. For example, Virginia, where we are based, is a one party consent state. If we call someone in PA, is one party or two party consent, needed?
Stan,
Alarms, Inc
*
Response
*
          Good question.  Audio interception or recording on premises is covered by the site of the premises.  Telephone is a different matter.  The governing state will be the state where the party is located.  So a consumer in an all party state calling into a state with a one party state means all parties must consent.
**************
THE CONTRACT SALE: NOW THROUGH JANUARY 12, 2024

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

*****
NOTICE:
The Standard Form Agreements have been updated for 2024; over 10 changes, some significant. 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 12, 2024; 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.

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.
*
  Contract sale  runs through January 12, 2024. This will definitely be the best deal of 2024. 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.

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 $1075.00 [Residential, Commercial, Fire].
   Buy 4  All in One forms and get same as above 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
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 12, 2024 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
**************
Receiving check from someone other than your customer

Ken,
We signed an agreement with a company under one name;
received a payment but check is from a different company.
          Any issue or anything we should do or note?
Jeff

Response

          I repeatedly and consistently counsel that you should do no work without a contract.  It should be obvious that the contract needs to be signed by the party for whom you are doing the work.
          While your question seems common and easy enough it actually raised a few interesting legal issues, none of which you want to have to deal with.
          Let’s start with the collection side.  You’ve been collecting payment from ABC Corp or from John Doe for your services [anything from sale, installation or after install services].  Your contract is with XYZ Corp or with John Smith.  One day you get a letter from a Bankruptcy Trustee for ABC Corp or from John Doe who wants to know why you’ve been getting money.  When you produce your contract it’s not going to be with ABC Corp or from John Doe, and the Bankruptcy Trustee is going to demand the money back.
          How about the liability angle?  ABC Corp or John Doe pay you.  Then there is a loss; ABC Corp or from John Doe or their attorney or insurance company seeking subrogation demand damages.  You produce the contract and smugly point out the protective provisions.  They however call your attention to the fact that neither ABC Corp or from John Doe signed the contract; they are not bound by the contract.
          You next comment is that since they didn’t sign the contract they aren’t the customer, contract says “no third party beneficiaries” and you owed them no duty.  Their response is, “well we paid you all these months for service and you accepted the payment and did the work, and we don’t know anything about a contract because we never signed one”.
          In either the collection or defense scenario you are the one facing the uphill battle.  You will have to prove that the paying party received adequate consideration for its payments and you will have to prove that the contract with its protective provisions binds the non-signing parties.
          It would be much easier to insist that the party paying you is the party who signed the contract or assumed the contract with your consent.  The K&K Assignment and Assumption form is recently added to the forms available at www.alarmcontracts.com.
*
STANDARD FORMS  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.
*
ALARM ARTICLES:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles  updated daily
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
*
Wondering how much your alarm company is worth?
Click here:  https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth

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