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comment on 1986 contract / contract sale going on now January 4, 2018

KEN KIRSCHENBAUMESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on 1986 contract  / contract sale going on now
January 4, 2018

 

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2018 contract updates - ON SALE NOW - see sale announcement below.  Orders filled as they come in - order now to avoid waiting weeks for your contracts
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comment on 1986 contract and do you even need a contract by law
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Ken,
    In response to Greg about his 1986 contract, the 1986 contract is better than no contract, however there has been considerable settled case law that is reflected in every update Ken puts out.  Having said that there is always the default statement, that Greg and most likely many other alarm companies do not have enough insurance coverage for one or more fatalities where the alarm is found to have at least contributed to those deaths.  
    In response to Alice, the only Laws that I know of that requires a contract are mandated Fire Safety Systems that are installed and maintained to the Code. NFPA Standards requires service contracts to be in place, enforcement of these provisions varies and is few and far between across jurisdictions.
    Ken's responded to Alice - 
    "You should not continue performing any security services [and that includes installation, repair service, inspection and monitoring] without a proper contract.  You really have to consider whether a customer is worth it - the added risk of no contract protection."  
    Good advice but does not go far enough.  The proper definition for when you need a contract is
     "for when you or your company takes any actions beyond issuing a proposal", and "before an examination of an existing system that your are planning on offering a proposal to start services, a disclaimer agreement should be signed first for whatever you may find as deficient or a violation of a Code".
    Example, we had a claim presented where sprinkler riser work was performed without a contract. There was a failure and a claim for extensive water damage. When I asked for the contract, the alarm company company told me there was no contract because there was no RMR on the job. WRONG ANSWER.
    Happy New Years to you and your readers.
Bart A. Didden
Executive Claims Manager
Security America Risk Retention Group - SARRG
Security America Risk Purchasing Group LLC - SARPG
877-872-1266
bdidden@securityamericarrg.com 
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Response
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    I am fairly confident that the alarm contract I prepared in 1978 will still provide protection if there is a loss, just like that 1978 Chevy is likely to get you from point A to point B.  Maybe.  Let's just say that you wouldn't want to take that trip through the desert from LA to LV with your young kids or grandkids in the car, not if you could be driving a brand new 2018 Cadillac   for a few hundred bucks.  So why would you want your entire business and likely your personal wealth to depend on a 1986 contract, or any outdated contract?  
    Your contracts are the most valuable asset your business has.  If you don't believe that, then you're foolish.  When you use older contracts it's not just that:

 

 

    So what's the good reason for sticking with your existing outdated contracts?  Well you can save a few bucks today.  You'll feel good today, but a whole lot sorrier in the days to come for a whole lot longer.
    One more thought.  Sure, you can get your contracts from another attorney, even another attorney who knows something about the alarm industry.  Do it.  But don't call me later and tell me all about it and complain that now you need to get the Standard Form Agreements because that's what your insurance carrier, your central station or your potential buyer wants you to have.  Right now is when you will save the most money on your new contracts.  Please take advantage of this sale now.  Even if you don't get updates for another 32 years - 2050 -  [that's how old those 1986 contracts are now] you'll probably still be OK.  One thing's for sure, I won't be around to keep hounding you about your contracts!!!!!!  But you may still be thanking me!!!
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NOTICE of SALE:
    The Standard Form Agreements have been updated for 2018.  If your contracts are from 2016 or earlier you need to update.  For contracts after 2016, changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We started adding the updates several months ago so you may be up to date if you purchased after September 2017.  Keep in mind that our updates are free for 6 months and half price for 12 months from your original order date.  Requests for updates will be processed and sent out after the new orders are processed.  The sale ends January 10, 2018, so please be timely with your order.   
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notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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    Contract sale runs through January 10, 2018, ending at 3 PM, EST.  The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*.  This will definitely be the best deal of 2018.  Changes have been made and you should check with our Contract Administrator, Eileen Wagda,  at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date.  Keep in mind that our updates are free for 6 months and half price for 12 months.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 10, 2018, so please be patient.  

 

 

 

Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
    Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $450.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement  $1200.00   Save $300.00
    Nationwide DIY with monitoring.  $3500.00  Save $1000.00**
    Nationwide PERS with or without GPS tracking.  $3500.00  Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST.  Orders must contain valid credit card payment.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be returned or with your approval charged regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.

 


** Does not include consultation or modification
     What's our Guarantee policy re updates?
    Free updates within 6 months of purchase*
    Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Update orders are processed after discounted or full price orders.
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THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

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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