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comments on who pays for repair calls and loss of communication pathway
October 19, 2019
comments on who pays for repair calls and loss of communication pathway from October 8, 2019
    Re: Inoperable subscriber networks and who is going to pay for repair calls October 8, 2019.
    I would suggest that it likely would not hurt to specify that any service required as a result of a loss of internet or any network issues are not covered by warranty or service plans. Although it’s already clear that those systems are not our responsibility it does not flat out say that any service required as a result of failures of those services or changes to them will result in a billable call. 
    I think people should surmise that based on the verbiage but maybe it could be more clear and not leave this open to interpretation at all?
    If the Standard Form Agreements are anything, they are crystal clear on the relationship between the alarm company and the customer. What is and what isn't covered is clear. What risk is being assumed and what risks are re-allocated are also clear. Alarm companies are not responsible for communication pathways, even if they own the radio network. Why? Because that's what the All in One Agreement says; clearly. 
    The All in One agreements are written for people of ordinary intelligence. Though some would disagree, that includes those in the alarm industry. Even more may disagree, that includes alarm customers. And this isn't the only industry with this issue. I got home the other evening from a trip and figured out I left my Kindle on the plane, so I called the airline. I'm a "preferred customer" so I got to customer service immediately and started the conversation with "this is going to be the dumbest question you heard all night", to which she responded "hummmmm no it's not". 
    I think the All in One is sufficiently drafted to handle this issue.
another comment
    re: in response to: Inoperable subscriber networks and who is going to pay for repair calls
    In response to Matt's question about what to put in the proposal with respect to what issues to expect that are covered in the contract, we put a line in the proposal that states "a separate contract for monitoring, service and installation must be signed in conjunction with this proposal before work can proceed." This brings the terms and conditions of the All in One contract into the proposal (or the deal) as the customer will then be signing both proposal and contract. The proposal gets you the job and the all in one contract protects you from issues that arise. Ken, Your thoughts on this please?
    Be careful. The proposal is not supposed to be your contract and it's not suppose to supplement or modify your contract. If the proposal calls for the subscriber's signature that's a potential problem. The proposal must be subject to the final agreement, hopefully the All in One Agreement.

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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