KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on cs dealer agreements / Stock up on China equipment / cs webinars
July 31, 2020
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Next webinar:  starts at noon ET.  Register now:

National Monitoring Center - July 31, 2020
https://attendee.gotowebinar.com/register/2527889790544756495

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Comment on cs dealer agreements from July 21, 2020 article
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Ken,
            I would assume that the central station discussed here is not on The Alarm Exchange
            USA Central Station, my company uses your K&K contracts exclusively and the dealers will never see language like this from us.
Bart A. Didden, President
U.S.A. Central Station Alarm Corp.
Port Chester, NY
Milford, CT
St. Paul, MN
Pasco,WA
877-872-1266
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Another comment
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Ken,
            The quote in today's post, "No funds payable to CENTRAL STATION are funds provided in any way by the US government or agency or instrumentality thereof. "
            This, in effect, prevents payment with US dollars. Something that is illegal in the US, thus invalidating the entire contract.  The question is, is this a debt, or a vendor relationship?
            He should try sending Pesos.
Regards,
Brian Fitzpatrick
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Response
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            The dealer agreement in the July 21, 2020 article was not a Standard Kirschenbaum Contract ™ Dealer Agreement.  Dealers should be very careful when signing a central station’s dealer agreement.  The terms are almost exclusively favorable to the central station, and sometimes detrimental to the dealer, though the really sticky parts come into play when the dealer breaches the contract or one of the dealer’s subscribers makes a claim.  
            The Rider to the central station dealer agreement, which you get at www.alarmcontracts.com smooths out the terms, provides a better balance for the dealer.  But make no mistake, the central station is well protected, even with the Rider, and in fact the Rider may impose some requirements on the dealer that the central station’s agreement is silent on, and the reason for that is that it for the protection of both dealer and central station.
            The Kirschenbaum Dealer Agreement, by the way, is designed with extensive transparency so that the dealer knows, or should know, the “deal”.  It’s also more readable and evenly balanced, though Dealer’s should still get the Rider to modify the Dealer Agreement.
            The provision that the dealer can’t pay with US dollars is, course, ridiculous, as were a bunch of other provisions in the un-named central station – which is certainly hope isn’t on The Alarm Exchange listings [if it is someone let me know and it will be canceled forthwith].       
         The provision regarding US dollars by the way comes from an Interim Rule published by the Department of Defense that prohibits contracting with companies doing business with certain telecommunications and video surveillance equipment companies [you know who they are].  This rule is supposed to be effected August 13, 2020, though comments are due by September 14, 2020.  I haven’t analyzed the Interim Rule but I believe it means that the DOD [and a few other agencies] won’t contract with a contractor who wants to use prohibited equipment in that contract.  I don’t think it means that if the contractor uses the equipment on other jobs then the DOD won’t do business with that contractor [though that may be what it means].  I am not clear where the central station who included the provision referred to in the July 21, 2020 article got it’s wording, but it wasn’t from me, and I can’t understand why any dealer would be doing business with that central station. 
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Stock up on China equipment
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Ken
            Distributors are suggesting that the virus will interrupt supply chains and that we should stock up on control and sensors from China, and elsewhere.  Have you heard anything?  Can you ask our colleagues?
 Rob 
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Response
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            Anyone have any comment on this?  I suppose, in view of my comment above, it might be risky having too much China inventory if you won’t be allowed to use it.  Another thought is that it might be risky buying too much inventory because new technology makes old products obsolete pretty fast in this industry.
            Our buddy Barry Levine from Sperry West should have a better take on this.  Anyone else is welcome to comment.
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Central station webinars
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            Not all central stations on The Alarm Exchange have opted to participate as of yet.  You still have time.  Contact our Concierge Coordinator Stacy Spector,Esq at SSpector@Kirschenbaumesq.com or 516 747 6700 x 304.  You just might pick up one or more dealers.
            And, speaking of dealers, selecting the right central station is important; there’s lots to consider.  K&K is saving you the trip to Vegas and bouncing from one booth to another, stuffing your pockets with candy and pens [not that there is anything wrong with that].  You have and you will be hearing from the best of the best in this webinar series.  
            Keep in mind that any legitimate central station is going to require you to sign a Dealer Agreement.  This isn’t a car rental contract at the airport.  It can be modified and you need to ask for those modifications.  I’ve designed a Rider that applies to every central station Dealer Agreement because it includes all the provisions a dealer should be asking for and is entitled to.  If you are negotiating with a new central station or re-negotiating with your current central station, be sure to get the Rider.  It’s $500 and well worth it.  Order it at www.alarmcontracts.com in the Monitoring Centers Contracts category.
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Central Station* 2020 webinar series K&K is hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability.
  *  only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series: 

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National Monitoring Center - July 31, 2020
https://attendee.gotowebinar.com/register/2527889790544756495

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Electronix Systems Central Station Alarms - August 6, 2020
https://attendee.gotowebinar.com/register/2606752262202465549
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Central station 2020 webinars
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             Not all central stations listed on The Alarm Exchange have opted to participate in our webinar series, "Why you should be using our central station" and I've been wondering why.  Only answer I can come up with is, apparently, they don't think you should be using their central station.  Go figure.
            Our central station's webinars have begun.  Register now.  
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and what you can expect to pay.
  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:  https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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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.
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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
www.KirschenbaumEsq.com