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Alarm Co. wins dicey lawsuit
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This one has a different twist. A bit sloppy but it worked out. Florida case. Alarm Co sells and installs a burglar alarm system in residence. Alarm Co apparently doesn't have its own contracts so it uses another alarm company's contract form without that company's consent or knowledge; and doesn't even bother to change the name on the contract. So the alarm company on the contract has nothing to do with this sale. After installation the installing alarm company sells and assigns the contract to a central station, who now owns the contract. The central provides the on going monitoring services and bills the subscriber [no service to system was provided].
The home owner subscriber was brutally assaulted and raped by an intruder, but not before she managed to set off her alarm. The central received the signal as a fire signal and sent the fire department, but had the wrong address, so the fire department didn't go to the right address.
The alarm contract had a limitation of liability provision and the issue before the Court was whether this written contract actually governed the relationship of the subscriber and the central station. The Court found that the central station performed the monitoring services and sent monthly invoices to the subscriber, all in accordance with the contract, and that the subscriber paid the invoices in accordance with the contract. Therefore, the Court concluded, the contract was the basis of the relationship and the limitation of liability provision applied.
So ask yourself this. The damage claim in this case far exceeded the insurance policy limits. How many hours of sleep would you lose while this case was prosecuted? Better than a sleeping pill - get the Standard Form All in One Contracts, today; right now. Make sure it's your name on top before you use them. To find out which All in One forms you need contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.
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Answers to Strap Key fire alarm system question from June 4, 2014
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Ken
Regarding the strap key... That is a building department required system... Best get a PE involved..
Best to replace in kind or repair the strap key.. If not you might be required to follow the new code, which is one way voice with speakers in every apartment..
Donald Fischer
FireMaxx Systems
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Ken,
A FDNY "Strap Key" Signaling System was required to be installed under the old 1968 building code for all residential buildings over 300 ft.
This antiquated " Morse Code" signaling system was supposed to be used to signal firefighters when to regulate the fire hose standpipe pressure between the fire pump room, roof tanks and the standpipe in each hallway that the FDNY hook their fire hoses to when fighting a fire. The advent of the handy talkie radios
with increased range and advanced pressure pumping techniques rendered these system useless.
They where replaced by a one way voice system requirement in the new 2008 code.
Their was a FDNY memo that was circulated a few years back that may have an alternate solution for existing strapkey systems and if Errol wants to conact me l would be glad to check my archives.
Regards,
Bob Williams
bobw@briscoeprotective.com
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WEBINAR ANNOUNCEMENT
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Register here: https://attendee.gotowebinar.com/register/6433874012527407617
Topic: Review of recent updates to the All in One alarm contracts
When: June 10, 2014 12 noon EST [30 to 45 minute presentation]
Presented by: Ken Kirschenbaum, Esq.
Who should attend: Alarm Company owners and those responsible for contracts.
Description: The All in One contract forms which were introduced in 2013 have undergone changes. The specific changes and reason for the changes will be discussed, questions and comments addressed. The forms include the Residential All in One, Commercial All in One and the Commercial Fire All in One. Those companies who are using the All in One alarm contracts and those considering using these forms should attend.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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Speaking Engagements
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Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org/
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
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