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auto-renewal notice in CA / more on insurance certificates / how to explain warranty and service contract March 14, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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auto renewal notice in CA / more on insurance certificates / how to explain warranty and service contract March 14, 2017
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Next webinar March 28, 2017 - see schedule below
TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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auto renewal notice in CA
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Ken
    Can I add the Automatic Renewal Notification to the Schedule of Equipment and Services attachment to the Residential All in One Agreement?  Or, does it have to be on a separate sheet of paper?
Thank you,
Christine 
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    The notice has to be separate from the contract but you can use the Schedule of Equipment and Services if you have that signed by the notice.  You can also put the notice on the same paper as the 3 day cancellation form. 
    States with auto-renewal provisions usually provide a procedure that's required in order to enforce the automatic renewals.  You need to be careful to comply with the requirements.  Better practice is to use the Standard Form Agreements which provide for month to month renewal, a renewal provision that in almost all states is exempt from any condition precedent requirements.  Check your state for automatic renewal law requirements here:  https://www.kirschenbaumesq.com/page/alarm-law-issues
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more on insurance certificates 
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Ken
    On alarm and insurance certificates both Gene and Bart make good points.  The bottom line in commercial systems is that since it is not a "profit center" most security directors are hard pressed to buy a system that meets the actual needs of the application, but rather they are forced to buy what the "Board" thinks they need and will approve.  Millennials, thanks to the mass marketing of "FREE" systems are looking for ways to duplicate those systems and do it cheaper. Hence the 2 doors one motion AND a siren mentality comes in. Add DIY, MIY to the mix.
    Using the above analogy, most police chiefs are hard pressed to add officers on the hypothesis that more officers doing aggressive patrol will PREVENT CRIME.  As a COST FACTOR city councils as keeper of the purse strings cannot point to any empirical data that says true OR false on the premise.
    All of the above goes out the window when YOU ARE THE VICTIM..
    When a professional alarm company presents a proposal to DETECT unauthorized entry or other event and the customer wants to cut back it is important that the customer tells you WHAT THEY WANT TO ELIMINATE.  I believe that you said years ago that the customer should acknowledge in writing that they are not ordering what you proposed but THEY CHOSE to eliminate parts of the system that the professional recommends.
From under 26" of snow (and a cold brain)
Joel  FBN
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how to explain warranty and service contract
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Ken  
    Regarding the Service Agreement for the Residential or Commercial All-In-One contract, I am struggling to understand how the Limited Warranty on Sale paragraph doesn’t act counter to the clause which would allow us to sign a customer up to a parts and labor monthly service plan.
    If someone signs up for a service plan does that supersede the one-year warranty?  The warranty paragraph is confusing me now because I don’t understand how we can sell someone a parts and labor service monthly fee, when we also have the warranty.
David
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Response
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    Technically the two provisions cover different repairs though there is clearly overlap.  The warranty would cover installation issues and equipment malfunction during the warranty period.  The service contract covers any needed repairs, including labor and material [which you can modify if you wish] except damage caused by excluded matters, such as lightning, damage by others during remodeling, etc.  [which exceptions also apply to the Limited Warranty].  
    Some companies don't start the Repair Service RMR until after the first year.  A better way may be to tell the subscriber that the warranty is figured in when you set the monthly charge for the term of the agreement.
    One thing you don't want to do is have to go back a year later and try and get the Repair Service signed up; you need to get it signed up when you do the sale.
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
When: March 28,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register herehttps://attendee.gotowebinar.com/register/7359323076355955715
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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Title: All You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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THE ALARM EXCHANGE

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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
516 747 6700
www.KirschenbaumEsq.com
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