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comment on new management who wont sign contract / more on emails and PO for contract June 30, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on new management who wont sign contract / more on emails and PO for contract
June 30,  2017
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comment on new management who wont sign contract from June 16, 2017
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Ken,
    He should send an official notification to the FD and their insurance company (that he has to find out who it is) that there is no fire sprinkler monitoring in place.   Also send a bill to the past owner at the price stated for the value of equipment as allowed for in the agreement.   It should be said that he intends to place a lien on the building and pursue legal action to get paid or remove his equipment from the past owner.   The past owner still has the legal responsibility to make this right and by taking these actions should step up to the new buyer to assist here to do so.   The relationship with the past owner is no longer here, so therefore it should not be a concern here at all.   The sales and buyers agreement for the building should have address certain responsibilities and obligations  transferring such to the new owner covering such items.   This is no different than the payment for oil for the heating in the tank that is on top of a property purchase.   Any seasoned professional person in this industry should know what was stated here even before getting to the point of panic.   You got to take a hard nose attitude.   How many years is this person in this business and still asking such questions.
    As and added note I want to state that you have no relationship with the new owner and therefore have no liabilities or obligations as well.   They never were your customer here, never paid you and you did not provide services right?   Just because you provided monitoring to the past owner, unless you allowed for the agreement to be transferred and assigned nothing exists.   Why you believed otherwise.   Is your friend that is giving you advise in the alarm business so that you believe what he is saying and if so, what is it based upon?   Does the old insurance company also have any liability for a loss to the new owner who did not engage their services just because they provide insurance for the old owners, of course not.   To exit here, you can just walk away and abandon your equipment from 2002 that has not real value and I am sure you would not install and be done here or become the hunter not hunted and push back hard to get your equipment, but at what expense?
    So let’s hear from you on your intentions, attack or run!!    
In A New York State Of Mind!  
SG
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Response
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    SG, have you confused your search on google for actually having a license to practice law?  How about sticking to fire alarm technical issues; that's your expertise.  Having said that, which I couldn't resist, your advice is pretty good, though you can forget about the lien.  
    It's simple.  No contract, no service.  Terminate immediately and let AHJ know.
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more on emails and PO for contract from June 17, 2017
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Ken
    I was under the impression that if I were to send my contract to the customer and he sent back a PO or approving email referencing my contract that all the provisions of my contract would be in force. Am I incorrect?
Eric L
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Response
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    That is way too risky to assume.  It depends on what is written back to you instead of signing the contract.  Getting the contract signed is the best choice.  A separate document consenting to the contract is much less desirable, even if ultimately enforceable.  It's sure not going to bring the best price on a sale of the subscriber account.  
    If you have to rely on the protective provisions you don't want to depend on a judge enforcing those provisions when the contract is not signed and other documents need interpretation or clarification as to whether all terms of the unsigned contract have been accepted and included in the deal.  I can think of a few ways to defeat that contract but I'll keep them to myself.  
    You go to the trouble and expense of getting updated contracts at www.alarmcontracts.com.  Be sure to use them and get them signed.
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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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