KIRSCHENBAUM & KIRSCHENBAUM, P.C. ATTORNEYS AT LAW
200 Garden City Plaza
Garden City, New York 11530
516-747-6700
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What is your responsibility for police response?
Police, fire department or emergency service response is obviously something that is not within your control. Yet, your subscribers come to expect immediate response, and when they are disappointed they look to you for explanation, sometimes blame. What, then, is your responsibility for police response?
Almost without exception your relationship with your subscriber is created and governed by your contract. It's the contract terms that spell out what obligations you are assuming to perform, and what happens when you fail to perform those obligations, perform those obligations in a negligent manner, or through no fault on your part the security you contracted to provide does not prevent the loss which the system was installed to detect.
If you prefer to conduct your business without contracts, and unfortunately some security business owners still do, you are leaving yourself open to interpretations and opinions of your obligations and responsibilities, certainly different than what you would find in a properly drafted security contract.
Every security contract that provides for monitoring and dispatching municipal authorities should clearly provide that such services are beyond your control; that you are responsible only for providing notice once you receive a signal; that you are not guarantying or responsible for actual response time.
Police, fire department or emergency service response is obviously something that is not within your control. Yet, your subscribers come to expect immediate response, and when they are disappointed they look to you for explanation, sometimes blame. What, then, is your responsibility for police response? Almost without exception your relationship with your subscriber is created and governed by your contract. It's the contract terms that spell out what obligations you are assuming to perform, and what happens when you fail to perform those obligations, perform those obligations in a negligent manner, or through no fault on your part the security you contracted to provide does not prevent the loss which the system was installed to detect.
If you prefer to conduct your business without contracts, and unfortunately some security business owners still do, you are leaving yourself open to interpretations and opinions of your obligations and responsibilities, certainly different than what you would find in a properly drafted security contract. Every security contract that provides for monitoring and dispatching municipal authorities should clearly provide that such services are beyond your control; that you are responsible only for providing notice once you receive a signal; that you are not guarantying or responsible for actual response time.
My contracts also cover the situation where the municipal authority refuses to respond to your subscriber's premises, for whatever reason. The subscriber remains responsible for payment under the contract. Although you may think that this type of provision is common sense, it is necessary because when subscribers suffer losses you will find that their reliance upon and expectations of your services and system far exceed what you [and the subscriber] originally intended when the price and scope of the system was first discussed. Standard form contracts are available for order at www.alarmcontracts.com
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