July 22, 2011
******************
Comments
***********
Ken,
The strength of your contracts aren't in the aesthetic quality of the layout but in helping to protect us from unwarranted litigation, catastrophic loss, and frivolous legal costs. If you can also design (any legal document) to guarantee closing a sale regardless of the economic impact for the buyer, you'll have quite a product.
I did not realize that, according to 'the famous S.G.'; "stripping out paragraphs" to "make it (the contract) less repulsive" is a healthy manner for our industry to build a relationship with the public "when you are pushing the renewal agreement on them". When all this is done "to reduce possible resistance to the obvious"; what is he referring to as obvious? If a paragraph is prefaced with "be advised that none of this is an attempt to be deceptive" doesn't it makes it so? Caveat Emptor applies even when you are 'buying' an argument.
Everything you present to the customer reflects the company and our industry as a whole. Making a contract readable is one reflection. The quality and value of your product is another.
Zeke Lay
Oklahoma
**************
Hi Ken,
Regarding you response to "The Famous SG" related to toning down the contracts, I'm sure that everyone who uses any form of contract with their customers has reservations about presenting 4 or 5 pages of legal size papers to them. There are some customers who want to read every line most of whom sign it anyway. Those that do read it will have some questions and it's the contractors job to have an explanation for whatever question the customer has. That means it's something the contractor should make a effort at learning the skills to sell just the very same way he has learned to sell his installation skills. It's just another product to sell.
I have taken the below portion of your reply and will carry a paraphrased version with me as a tool for possible use (but not distribution) during contract signing in the future. I think it's exactly what many end users are looking for when presented with a contract. It points their attention to the most significant parts of the agreement. If you can think of any more important items that can be succinctly added to the list, please do. Or, maybe you can provide this to the trade as a new "Entry Level Contract", at a discounted price. Obviously, it would come with less assurance of success in a lawsuit.
"we are not your insurer; we are not responsible if you have a loss; the alarm is not intended to prevent loss; this is a contract with a specific term and you will have to pay us for that term or we will be suing you; you have to indemnify us if you are anyone else sues us; your insurance carrier can't sue us and neither can anyone else; if you want to increase our limit of liability let us know and we will tell you how much it will cost and we are also letting you know that you can get much better equipment, services and protection if you want to pay more money"
Thanks
Gene
Reliable Alarm
************
Ken,
Your forum is very informative and I have benefited from it many times.
Regarding "the famous S.G." and his suggestions to alter your contracts, I agree with you totally. His request, to be blunt, is absolute deception and if he don't see it that way I wonder what else he does not consider deception.
Just my opinion, enough said, keep up the good work.
Bill W
Spectrum Systems
****************
Hi Ken,
In partial reply to SG's message regarding changing certain text in the agreement so it would be easier to get it signed. The District Attorney of Contra Costa County, California has the very strong opinion, that setting forth any numeric amount in words only, rather than in numeric format is a deceptive trade practice. I am sure he is not alone in that viewpoint. Your response was right on.
Alan Pepper, Esq
*************
Here, Here!
Ray
**********
Amen to your response this guy is clearly trying to deceive his clients and I am sure glad you took that stance. People who are not able to overcome objections on a contract are clearly not educated enough in their field.
Rene Beaulieu CPP, President
SECURaGLOBE Solutions Inc.
Canada
************
Hi Ken
I really appreciate your response to the article on contracts in July 9, 2011 article
Being in the industry for some 20+ years, many times we get discouraged in the fact that customers, owners, agencies have a intelligent head on their shoulders. Contracts are a very important asset of our industry . But Integrity is an even more important asset .
Relationships keep contracts . Not Contracts
Deception , back doors , underhanded tactics , kiniving is a bad Habit or practice. Many times we Treat our customers like a contractual agreement instead of a partner. If they need to go to a customer who has to minimize words, rewrite language to manipulate the outcome. Maybe we should evaluate our own service, policies, procedures with our customers Instead of trying to manipulate the outcomes. Then make sure you have a deep pocket , Good attorneys , lots of time to spend in court , with attorneys.
No Contract in unbreakable. And Renewal just means “nothing changes
I really can stand behind a company who is upfront , straight forward , to the point , working as a partner in the economy
Thank You for all your articles. I concur with your thoughts on this one
Christopher Freeman, Power Protection Plus