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
******************************
Contract Sale / guarantee service call response time / ISC meetings
March 25, 2026
****************************
CONTRACT SALE runs until Friday March 27, 2026 at 5 PM: Up to 25% OFF ALL CONTRACTS AND FORMS
Here's the deal:
10% off all contracts and forms
Additional 5% if you order in person at a private or group meeting at ISC
additional 10% off if you are Concierge Client.
ORDER HERE: https://app.kirschenbaumesq.com/alarm-contract
*********************************
IF AT ISC CALL FOR AVAILABILITY FOR PRIVATE OR GROUP MEETINGS - GET EXTRA 5% OFF CONTRACTS
*****************************
Schedule private meeting with Ken Kirschenbaum, Rory Russell [broker for mergers and acquisitions], MItch Reitman [taxes, accounting and consulting] or Shawn Iverson [The Insurance Center]. Ken, Mitch and Rory will meet at the Prestige Lounge; Shawn will meet at The Insurance Center booth, number 28095, on the ISC floor.
Ken Kirschenbaum is available for private meetings Tues - Thursday 10am to 4pm.
To book time for private free consult or register for a Group Meeting contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
*************************
Group Meetings: Call Kathleen to register. Yes, it's free!!!!
**************
TODAY Wednesday: 10 am to11 am with Rory Russell
Selling or buying a business
Selling your alarm, fire and integration business. Small to large transactions. Selling Fire Protection accounts. By Rory Russell and Ken Kirschenbaum
***************
TODAY: 1 pm to 2 pm with Ken K
What's on your mind. Open meeting to discuss what's important to you. Hosted by Ken Kirschenbaum
*****************
TODAY: 2 pm to 3 PM with Mitch Reitman
The One Big Beautiful Bill (OBBB) and what it means for alarm company owners and their employees The OBBB was signed into law on July 4th 2025. It is hundreds of pages long and deals with various subjects, but it does contain some provisions which are very beneficial to owners of alarm companies. Mitch Reitman has read the entire Bill and can tell you what you need to know and what you can still do get the maximum benefit on your 2025 tax return. Hosted by Mitch Reitman
********************
TOMORROW: 10 am to 11am with Shawn Iverson
Best options for E&O and other insurance needed by your industry. Hosted by Shawn Iverson, CIC, The Insurance Center, 1741 North 2000 West, Ogden, UT 84404, 801-622-2626
www.InsuranceCenterUT.com
***********************
TOMORROW: 1pm to 2pm with Ken K
Which accounts bring the highest multiples on sale; how to position yourself to maximize the value of your alarm / integration business. Hosted by Ken Kirschenbaum
*************************
guarantee service call response time
**************************
Ken
I’m reaching out to get your assistance reviewing a request from one of our residential clients regarding alarm service response times. The system currently installed in the home was not installed by our company, but we are being asked to take over service and monitoring.
The client is requesting contract language that guarantees response times for service calls. Specifically, they mentioned:
A turnaround time for any non-critical event within 8 hours or 1 business day
An emergency service option with a fee, ideally with on-site response within 1 hour
Our office is approximately 1.5 hours away from the property, so realistically the best emergency response window we could commit to would likely be around 3 hours, depending on technician availability.
My main question is whether our current Residential All-in-One legal package already clarifies what level of service response we provide, or if additional language would need to be added to address requests like this.
Could you please review this and let me know:
If our existing agreement already covers this type of request
If we should avoid committing to specific response times
Or if there is recommended language we could use to address the client’s expectations
I appreciate your guidance on this before responding back to the client.
NAME WITHHELD
**********************
Response
**********************
This is a request that can come to haunt you, not to mention expose you to liability. You can't make promises, or guarantees, that you may not be able to perform. How can you guarantee response time, no matter what the time period. Stuff happens and you may not be able to perform.
Failure to perform would constitute breach of contract. If you fail to provide the service and it's tied into a loss, more exposure and aggravation. The All in One agreements had a range of time but also specified the penalty if the system couldn't be repaired, which was suspension of the RMR payments until the system was repaired. The provision was changed and currently provides:
"...between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays, and legal holidays."
The new version permits more flexibility for the service call. You may have particular subscribers who demand, and pay for, prompt service in accordance with a tight time period. Just be careful that you can meet that demand, and you should provide for circumstances when strict compliance is excused. Providing for excused performance is better than depending on the sensibilities of a judge.
Agreeing to time lines or other provisions that are not commonly found in the Standard Form Agreements [in fact specifically disclaimed in the Standard Form Agreements] should be avoided. You make it a practice and eventually you won't know what you've agreed to or with whom and you're sure to displease someone.
************************
STANDARD FORMS 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.
***********************
ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ********************
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
*************************
Wondering how much your alarm company is worth?
Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
******************************
Getting on our Email List / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com
**************************
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
|
