KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on Edwards / Gates / Why you should use our central station Why you should use our central station - webinars continue today
July 22, 2020
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Today's webinar:  starts at noon ET.  Register now:

Stanley Security Wholesale Monitoring  July 22, 2020
https://attendee.gotowebinar.com/register/1266411303572956432

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Comments on Edwards recall from article on July 15, 2020
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Ken
            Heat detectors are not considered a life safety device; they are a property protection device. That’s why on some heat detectors, Edwards included, it is stamped “not a life safety device”. 
            Smoke detectors are for life safety.   By the time the heat detector activates the smoke has already probably killed the occupant, therefore heats have always been classified as non-life safety.
  Jason Holmes
Southwest Fire & Security, LLC
Mansfield, TX
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Ken,
            The follow up comment on the Edwards recall for devices makes a good point even though it was not the focus.
               Business records retention policy
          The recall states that the detectors were sold from January 1979 through May 2018.    39 YEARS.
            Your third point in your response was "what could happen if you don't" notify the consumer.
            You go on to say that if there is a service contract in place, you need to make efforts to notify and replace under the terms of the agreement. BUT if there is no agreement you still advise that the dealer should send a letter to notify.
            How does this comply with your business records retention advice of 7 years after the transactions are completed?
 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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Response
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            You are not expected to maintain records for 39 years.  If you don’t have a record of who you installed the device for then you obviously can’t send any notice out.  I don’t know if Edwards has or will advertise the recall or find a way to notify all Edwards customer, but that’s Edwards issue, not a dealer who installed the device long ago.  No contact with a customer for 7 years seems “long ago” to me.
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Gates
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Ken,
            We have a client - We installed gate access. We have an issue with a gate that closed on a resident's vehicle.  They want us to pay for damage.
            We used the Commercial All in One agreement for this job.  What clause should I point them to in the agreement?
Thanks,
Name withheld
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Response
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            The Commercial All in One covers all security equipment and you were correct to use it for the gate, which in this case, was installed as a security device.  The All in One has at least 5 “protective” provisions, including 1) exculpatory clause, 2) limitation of liability clause, 3) indemnity provision, 4) insurance procurement clause and 5) waiver of subrogation clause.  
            I’m not sure you should be “pointing” anyone to any particular provision.  You can simply refer them to the contract.  
            You should notify your E&O carrier of a potential claim.  You can let them know that no claim has been made yet, unless it has.  
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Today’s webinar presenter:  Stanley Security 
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            STANLEY Security, a division of STANLEY Black & Decker (NYSE: SWK), is a provider of integrated security solutions defining the future of the security industry. STANLEY delivers a comprehensive suite of security products, software and integrated systems with a strong emphasis on service. STANLEY is powered by a culture of continuous innovation, providing revolutionary technology and unmatched customer service to commercial, institutional and industrial businesses and organizations.
            We focus on complete customer transparency and operational excellence in the Five Customer Touchpoints: Account Management, Installation, Service, Monitoring, and Billing. STANLEY takes pride in our signature approach to doing business - offering global resources, with a local touch. As one of the world's largest and most comprehensive security providers, we are protecting what is important to you by designing, installing, servicing and monitoring an extensive array of products and solutions that span the entire security spectrum.
            STANLEY Security did not become an industry-leading electronic security integrator and installer overnight. Our decades of experience designing, installing, monitoring, and integrating Access Control, Video Surveillance, Intrusion Detection, and Fire Detection systems not only transformed us into an industry-leading security provider, but also made us a trusted partner for a countless number of organizations across a wide variety of industries.
            You can get more information at http://www.stanleymonitor.com or reach our sales team at 800-932-3304 or wholesale-sales@sbdinc.com 
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Central station webinars
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            I am writing this in advance of the central station webinars start date, so today is the third presentation.  Hopefully they are going well and we have great attendance over the next few days and weeks.
            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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Stanley Security Wholesale Monitoring  July 22, 2020
https://attendee.gotowebinar.com/register/1266411303572956432
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Allstate Security Industries Inc – July 23, 2020
https://attendee.gotowebinar.com/register/7997485149440152333
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Acadian Monitoring Services – July 27, 2020
https://attendee.gotowebinar.com/register/8197119078067190030
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General Monitoring Services  - July 28, 2020
https://attendee.gotowebinar.com/register/6847800607085109776
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Cops Monitoring - July 29, 2020
https://attendee.gotowebinar.com/register/5614688421138368523 

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Security Partners - July 30, 2020
https://attendee.gotowebinar.com/register/2765625095170808591 
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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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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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