KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Canceling customer's contract prior to completing installation February 9, 2026 ********************************* Canceling customer's contract prior to completing installation ********************************* Ken, We have encountered a couple of situations and would appreciate your guidance. Please keep these scenarios anonymous. Scenario 1: A customer’s credit card was declined prior to installation and activation. We paused the installation and attempted to resolve payment, but the customer has not responded to any communications. We also sent a DocuSign to cancel the agreement, which remains unsigned. We would prefer to cancel the contract with no early termination fee and walk away. What is the proper legal method to terminate in this situation? **** Scenario 2: A customer cancelled a scheduled installation and requested to reschedule, but never provided a firm date. The customer is now non-responsive, and we would like to terminate the agreement with no early termination fee. What is the appropriate process to formally close this out? Please advise on the correct procedure and any recommended documentation or notice requirements. Thank you, anon ********************************** Response ********************************** I am troubled by both scenarios. In the first it's obvious that you started installation before having a signed contract. If this is residential you'll be lucky to get your equipment back, if you want it back. Do no work without a signed contract, and in the case of residential, wait for the cooling off period to pass. In scenario one you don't detail what work you did, such as drilling holes or causing other issues [I won't call it damages, but that's what the customer will call it]. You can write to customer advising that since contract has not been signed you are terminating all services effective immediately. Then, hope you never hear from the customer. In this scenario you have a contract but the customer asked to reschedule and then didn't agree on a date. You can write to the customer and write that the contract is terminated and no services will be provided. Again, hope you don't hear from the customer again. The alternative for this scenario is to write to the customer offering a date or two to install and then send the contract to K&K Litigation Department for collection. ************************************* STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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 www.KirschenbaumEsq.com
