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Contracts on Sale Now / preserving electronic contracts / contract defines duty / more on Honeywell January 5, 2018

KEN KIRSCHENBAUMESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Contracts on Sale Now / preserving electronic contracts / contract defines duty / more on Honeywell  
January 5, 2018
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2018 contract updates - ON SALE NOW - only 5 days left - see sale announcement below.  Orders filled as they come in - order now to avoid waiting weeks for your contracts
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preserving electronic contracts
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Ken
    Currently we save our electronic Kirschenbaum Agreements in 2 cloud locations and to our in-office server in their original long-form format.  We also print a hard copy for the file.  What I just found out is that our office staff is reducing the legal forms to letter size for the hard copy that is placed in the customer’s hard copy file.  Should we be printing the hard copy in the original legal format?
Thanks,
Kyle Beller, President
BAT Security Services
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Response
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    The reduced sized printed contract would undoubtedly be sufficient for legal purposes, i.e., introduction into evidence in court matter.  That, however, may not be your greatest concern.  How will a potential buyer of the accounts view the practice.  They may want to see original printed contracts.  Why?  Just because that's what they want.  You could be stuck re-printing the agreements, or the delay may cause the potential buyer to lose interest.  
    You have wisely installed safeguards to protect your most valuable asset, the contracts, so I would suggest going the extra mile by printing the executed agreement - all of it - in original size.
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comment on contract defines duty from December 2, 2017 article
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Ken
    Very interesting topic.  Does this mean that someone that does not have a contract, like the DIY companies, are open to such liability when it comes to “your duty”?  We are seeing more and more small commercial establishments signing on to Simply Safe due to no contract.
Andre Conway
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Response
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    The contract defines your responsibilities, and that is where the court will start when it looks to establish your "duty".  It's really a misconception that the DIY companies don't use contracts; they all do.  Those that advertise "no contract" really mean that the customer isn't required to commit to a term beyond "at will" or month to month.  However, I am not aware of any DIY company stupid enough to offer monitoring without at least requiring the end user to agree to "terms and conditions" of use.  These terms and conditions are the contract terms.
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more on Honeywell from December 18, 2017 article
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Ken
    I have to agree with your ANON poster regarding the Certificate of Liability Insurance Honeywell is demanding that dealers get from end users. I wish I could say we were surprised or outraged, but this is just the latest in a long list of how Honeywell is dictating to dealers and making it difficult to do business with them. We have been a Honeywell dealer for 30 years, and have thousands and thousands of customers who use the Alarmnet services. We have no intention of going to each of them to get Alarmnet added to their policies. Knowing that they expect us to repeat this each year, is just too much to ask! Will they really suspend our customers' accounts without us signing this? (These accounts are worth more than a half a million dollars per year to them).
Please post as 
"Another Dissatisfied Honeywell Dealer"
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Response
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    Honeywell hasn't commented, at least here, to this issue.  Someone at Honeywell came up with this idea and it's now out there.  Whether Honeywell enforces it is another issue.  If Honeywell doesn't enforce it then it will be interesting to see if a court deems the requirement waived.   Maybe it will never come up, though central stations are included in lawsuits all the time, no reason that the intermediary communication vendor should be immune from a lawsuit.
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notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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    Contract sale runs through January 10, 2018, ending at 3 PM, EST.  The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*.  This will definitely be the best deal of 2018.  Changes have been made and you should check with our Contract Administrator, Eileen Wagda,  at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date.  Keep in mind that our updates are free for 6 months and half price for 12 months.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 10, 2018, so please be patient.  
 
Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
    Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $450.
    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 $1150.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement  $1200.00   Save $300.00
    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 10, 2018 by 3 PM EST.  Orders must contain valid credit card payment.  Fill out the order form, add up your charges (we will check the arithmetic).  Orders arriving after sale ends will be returned or with your approval charged regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.  The order form will show the full price.  We will apply the discount manually before processing the order.

** 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 check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Update orders are processed after discounted or full price orders.
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THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.
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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
516 747 6700
www.KirschenbaumEsq.com