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comments on dealer who didn't pay cs / auto renewal issue / getting contract signed February 23 , 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comments on dealer who didn't pay cs / auto renewal issue / getting contract signed
February 23 , 2018
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comments on dealer who didn't pay cs
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Ken
    Good answer.  What was this space cadet thinking?  Must be a Millennial 
Robert A
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Ken
    Your response should have ended with:   “MIC DROP!”   haha
Thank you,
David F
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Ken
    Well said.   And if he is one of ours, I can assure you we have bent over backward to work with him. Like an old friend once said, “everybody wants to own a company, but not everybody is willing to pay their bills”.
Hank Groff, 
Senior Vice President
Sales & Business Development
Dynamark Security Centers
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auto renewal issue
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Ken,
    We have recently been verbally notified by one of our clients that they want to terminate our contract agreement. They have not notified us in writing and the agreement terms in less than 10 days. According to the contract they must notify us in writing of their intention to cancel.  How enforceable is the auto renewal  for one year?  Again, will still have not received a written notice.
Thanks,
Mike
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Response
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    This is a New York subscriber.  In NY an automatic renewal term will be enforced only if notice of the renewal term is given in accordance with the statute.  No point going over the statute because I don't know a single alarm company in NY who gives the proper notice.  In fact, I don't know any NY business that gives the proper notice.  
    Other states also have statutes that regulate the enforcement of the automatic renewal provision, and they all have their own notice requirements for enforcement.  All different.  However, they all share one common provision.  If the renewal is for month to month then no notice need be given.  That's why the Standard Form Agreements have month to month renewal provisions.  
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more on getting contract signed
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Ken
    I finally had a chance to read the contract through.  I am wondering, if dealers have expressed having difficulty getting subscribers to sign it.  If so, do you have any suggestions as to how we can make it more palatable.
    Thank you in advance for your response,
Jerry
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Response
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    You are in a new business - no longer alarms.  You're in the business of getting the contracts signed.  You need to learn how to do it.  Trial and error is one way.  Sorry I don't offer marketing or sales seminars, but the aluminum siding and used car salesmen have it down pretty good.  Seriously, present the contract; less time talking about it the better.
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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