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Comment on subscriber challenges to contract
September 18, 2019
Comment on subscriber challenges to contract from September 5, 2019
            Re Subscriber challenges to your contract: 
            Great questions and answers. I’d like to thank you both for the learning experience for all the readers. I would add to your response; challenge the potential customer to review other contracts from your competitors (with you helping).  I think we can be reasonably confident this customer would have toned down his resistance after a more careful reading of others.  All of us have to study and prepare to meticulously respond to a potential situation like this. It’s not so easy for the non-lawyer, but necessary nonetheless.  
            At some point in time alarm contracts started to receive more attention.  More attention by lawyers, judges and customers.  Most alarm companies knew about the importance of contracts because of the acceleration clause; if the subscriber defaulted the full balance of the contract term became due.  But that provision paled in comparison to the “protective” provisions in the alarm contracts, that soon it was those provisions that caught the attention of customers.
            Today you can expect your subscribers to read the contract, and challenge what they don’t like; especially commercial subscribers. [and pain in the butt lawyer subscribers].  Almost all challenges can be overcome once the subscriber understands why the contract reads the way it does.  The subscriber needs to understand that you’re not substituting for their insurance company and not charging enough to assume the liability they now are asking you to assume.  
            Most of the properly written alarm contracts contain very similar provisions.  But the Standard Form Agreements, the Kirschenbaum Contracts ™ stand alone in one respect, they are readable and easily understood by the subscribers.  You will find that other recognized alarm contracts are much harder to read and understand; written in legalese or in minuscule print size with run on sentences and lengthy paragraphs.  
            We don’t try and hide or disguise the contract provisions in the Kirschenbaum Contracts ™ because that would risk enforcement of the contract and raise expectations by the subscriber, encouraging more, not less, litigation against alarm companies.
            There’s a reason that more alarm companies use the Kirschenbaum Contracts ™ than any other, by far, and it’s not just that they are cheaper [which they are], better written [which they are], more up to date [which they are], most recognized in the industry [which they are], more readily approved [which they are]; the most supported and backed up by K&K, [which they are] and add the most value to your business [which they do], it’s because all of these reasons.  
            Still don’t believe it?  Well you must think the earth is flat.  

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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