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 ****************************** comment on which competing agreements govern December 5, 2025 *********************** comment on which competing agreements govern from article on November 29, 2025 *********************** Ken We do something similar to what Jade Alarm does (hi Joe)... but rather than adding verbiage to our KK Standard Service Agreement, like Joe does, I've made a 2" x 4" rubber stamp, which I stamp, in red ink, immediately next to my signature on the customer's agreement/purchase order, etc.... The rubber stamp says (paraphrased): "The attached XXX Alarmco Standard Service Agreement is deemed accepted by customer, and it supersedes and takes precedence over any contrary or inconsistent provisions of customers agreement." I send it back to the customer, along with our Standard Service Agreement stapled to it. So the customer gets their form back, so modified. I've never received blowback from any customer about this. Anon in California *********************** Response *********************** I suppose your rubber stamp was cheaper than joining the Concierge Program, where you would get a free half hour each month to negotiate the customer's form, properly. But I am not so sure your stamp is going to save you if an issue arises. It appears that you are not getting your K&K Contract signed; you are attaching it to a PO or whatever the customer has sent you to sign, which you indicate could be an agreement or PO order. If you review the customer agreement or PO you will likely find a provision that states that the agreement cannot be modified and any modification is unenforceable. This is probably the case especially if the customer has already signed the customer agreement. You adding something after the customer has signed the agreement will not change the agreement. Often POs are not signed, but they usually say the PO cannot be modified. I am not comfortable unilaterally altering the PO and sending it back. If you need to rely on the terms of the K&K agreement for a serious matter it's too risky to claim that the customer agreed to the K&K Contract terms just because you attached it to the PO and stamped it. Of course if the customer signs it afterwards or specifically approves the change, that's different and acceptable. Most of you think in terms of getting paid and that's what you take a close look at in the agreements presented to you. While that is certainly important, and a source of plenty of aggravation, a loss that the customer or its carrier seeks to recover from you can be devastating and bankrupt you. Join the Concierge Program and have your contracts reviewed professionally by a lawyer who understands these issues. ************************ STANDARD FORM AGREEMENTS: To order up to date Standard Form 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
