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 white list ken@kirschenbaumesq.com 
******************************

Contract sale -Only 7 days left / Comment on response to lawyers suing alarm co and expert Zwirn
January 8, 2022
***************
CONTRACT SALE: ONLY 7 DAYS LEFT.   SEE BELOW FOR DETAILS
***************************
Comment on response to lawyers suing alarm co and expert Zwirn from December 24, 2021 article
***************************
Ken
          What a great response to the question in today's Alarm Exchange email (which I always enjoy reading and learning from).  You and Les Gold are true treasures to our industry and I'm glad to have interacted with you both throughout my career. Keep up the great work.
          Have a safe and enjoyable holiday season!
Curtis Streeter, SET
NICET IV #102672 Fire Alarm Systems
President/CEO
Deep Blue Integration, Inc.
**************************
Response
*************************
          Thanks, I appreciate compliments. [negative too, especially when warranted]
*************************
Collections                         
************************
          Clear something up for me please.  I do not like when a customer decides not to pay their monitoring or the buyout fee, per your contract terms.  If I request your office to send them a letter, that costs me $75 and\or any other legal fees, can't that be added to their invoice when we win?   If we can't add those fees then there will be no reason at all for the customer to send payment/settle.  
          If not, what's the point of them signing our 3 year contract??
Name withheld on request
**************************
Response
**************************
          You raise a lot more issues in your questions than you may realize.
          A customer stops paying for any variety of reasons.  There is no “buy-out fee”.  The Standard Form Agreements provide a remedy for a customer’s default which includes a liquidated damage provision whereby the balance of the contract comes due and the customer owes 80% of that balance.  Added to that is anything the customer owes at time of default, at 100%.  If there is right to sell the equipment to the  customer the price is the agreed amount specified in the contract, less 20%.  This is what the customer is required to pay and it the customer won’t pay this and you refer to K&K for collection we will add legal  fees, up to half what the customer owes you, plus disbursements for the legal proceedings.
          It makes sense for the customer to settle with you before it goes to legal.
          What’s with the 3 year contract?  When  we sent you the contracts the residential contracts have a 5 year term and the commercial contracts have a 10 year term.  You can reduce those terms but I suggest you leave the 5 or 10 year term in the printed contract and make changes when necessary on a customer by customer basis.
          Should you try and settle on your own?  Sometimes it makes sense.  You should, however, consider the time you might spend on the delinquent account, or the extra cost of personnel to chase delinquent accounts [included in those will be the expert dead-beat and you and your in-house collection team will be no match for them].
          What’s the point of the contract; a lot more than the collection provisions.  Probably the more important provisions are the “protective” provisions that insulate or limit your liability when you make a mistake.  Not only do you rely on those provisions, but your central station, third party vendors and subcontractors and your insurance company rely on the Standard Form Agreements
          Be mindful that going after the customer is the easy part.  Once we get the judgment the hard part is collecting.  Consumer laws, including but by no means limited to Federal Bankruptcy law, make it very difficult to collect a judgment, particularly from a consumer.  The K&K collection team is expert in collection proceedings and likely to effectuate a better settlement or recovery result than you and your in-house team.  Contact collection paralegal Kathleen Lampert at KLampert@Kirschenbaumesq.com or 516 747 6700 x 319 to get started.
************************

THE SALE HAS STARTED AND RUNS THROUGH JANUARY 14, 2022.  ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEK WAIT for sale orders - longer for update orders] ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEK WAIT for sale orders - longer for update orders]  
***************
The Standard Form Agreements are all updated.  This year there are important updates.  All contracts should be updated this year.  One change is the inflation and supply chain delay provision; there are many others. 2022 updated contracts are ON SALE now; SAVE THOUSANDS DURING THIS SALE
******************
NOTICE:
    The Standard Form Agreements have been updated for 2022.  This year, because of unprecedented economic issues that have recently affected the alarm industry, all contracts should be updated.  Check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed.  The sale ends January 14, 2022; the sooner you order the sooner you will get the contracts.  Please do not call requesting priority unless you are a Concierge Client or have paid for expedited service.
******************

How to order: order at www.alarmcontracts.com - ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Clients receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount and you should take advantage of this program.
*******************
    Contract sale runs through January 14, 2022, ending at midnight EST. The discount will be applied to orders received between now and January 14, 2022 by midnight*.  This will definitely be the best deal of 2022. When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only.

Here's the deal:
    Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice  save $150
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell Notifier rider.   Save up to $575.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $250
    Fire All in One with Security Rider $1275.00. Save $300.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $700.00
    Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service  $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
    Nationwide DIY with monitoring.  $3500.00    save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 14, 2022 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.
** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only
*************************

To order up to date Standard Form 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