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Question: how long to keep records 

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Ken

    How long should we be keeping files for customers that have cancelled their monitoring services?  

Do we have to keep hard copy files or can we scan the documents?

Sandra M. Halik

Eastern States Sentinel Alarm Services, Inc.

Director Of Central Station Operations

West Seneca, NY

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Answer

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    The statute of limitations for a breach of contract action is 6 years; negligence 3 years.  If those dates aren't long enough, an action can be commenced and you can by brought in as a third party even after the statute of limitations has run.  It would be prudent to retain records for 6 years.

    If you know of a potential claim you should retain the records for a longer period, 10 or more.  

    You can scan your paper records but make sure you scan the entire document, not just front pages.  Be sure to preserve alarm histories, central station records, incident reports and of course contracts.

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Question re 2gig alarm systems are being sold at Costco 

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Ken

    I recently found out from a customer that 2gig alarm systems are being sold at Costco preprogrammed at $99 and $29.99 per month for monitoring with gsm built in and remote control ability, under the brand name "link". I am sure it is not 2gig direct, but rather one of their dealers. My concern is that future customers as well as past customers will see these alarm panels at Costco and think that I am ripping them off. I understand competition when it comes to large alarm companies offering their panels at similar prices. I also know that I sell service more than the product itself. However, in this instance it is being sold in a retail venue that is devaluating the product tremendously. Do you think that if enough pressure is put on 2gig (and linear their parent company) by local installers that they can do anything about it? And is it worth even trying?

Thank You

A L

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Answer

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    Manufacturers are free to sell their products to retail operations like Costco, and absent marketing restrictions, the retailer is free to sell the product at any price they want.  You are likely to see more of this as DIY [do it yourself] products are shipped to consumers along with a monitoring agreement.  I don't know how a manufacturer would respond to a concerted effort by the alarm industry objecting to retail sale of equipment without protecting the alarm dealers.  As you point out, you are selling service and your personal attention, something that may be absent in a mail order DIY alarm provider.  

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Question: bounced check after installation

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Ken

    I have a client that bounced a check to my company for an install I did at their convenience store. Do I have any recourse. They are refusing to pay for the equipment. I'd like to go out there to take back my equipment but have been told that I could be arrested for stealing the equipment.  Do I have any options?

Thank you

Andy

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Answer

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    Once you sell and install the equipment it belongs to your subscriber; you can't go in and remove it.  You do have options.  You can report the bad check to your local district attorney's office.  If the sub didn't have the money in the bank at the time the check was written then it can be larceny.  

If the DA won't prosecute you can sue on the bad check.  If you use the Standard Form Contracts you will be able to file a UCC-1 and elevate yourself to a secured creditor.  You can then foreclose on the collateral or sue on your debt.  Use a lawyer.  If in NY or NJ you can contact my office- Gene Rosen at grosen@kirschenbaumesq.com or 516 747 6700 x 305.  He heads our alarm collection department.


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Webinars

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December 4, 2013   12 noon EST  Register here: https://attendee.gotowebinar.com/register/4919260455763006721

 

    Title:  10 Things Residential Security Alarm Companies should consider BEFORE entering the world of Commercial Engineered System Fire Alarms

      Presented by:  Bob Williams, President of Briscoe Protective Systems and his Management Team. 

Briscoe Protective Systems has been in the industry for 35 Years and has made the transition from a Residential Alarm Company in the late 70’s to a Engineered System Fire and Security Company that is an SDM Top 100 Company. Find us on the web at www.BriscoeProtective.com or on LinkedIn under Companies, Facebook and Twitter@BriscoeProSys 

      Description:  There is a big difference between installing Residential Fire Systems and Commercial Engineered Fire Systems and there are “Key Factors” that Security Company’s should consider before attempting to go into this lucrative but challenging market.

      Who should attend:  Alarm company owners and fire techs.  

 

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