KIRSCHENBAUM & KIRSCHENBAUM, P.C. ATTORNEYS AT LAW
200 Garden City Plaza
Garden City,  New York 11530
516-747-6700

Option for Equipment on Default


Your subscriber defaults in payment.  What do you do about the equipment?
Should you pick it up?  Sell it to the subscriber?  What are your options?
     Surprisingly this issue keeps coming up and there is one very simple
answer: What does your contract permit you to do under the circumstances?
     Older contracts that I offered to the trade provided for the option to
sell the equipment only if the subscriber refused to permit the removal of the
equipment.  Recognizing that alarm companies really don't want to pick up old
installed equipment (most of the time) the standard contracts I offer have
provided for years that the alarm company has the option of removing the
equipment or selling it to the subscriber for the "agreed" value [which is set
forth in the contract when the contract is first filled out and signed].  With
this provision the alarm company almost always elects to sell the equipment,
and that amount is added to the lawsuit on the breach of the contract.

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