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     You know that you need to have properly executed contracts when you install fire and security systems.  Not just any contracts, but industry acceptable contracts.  [and the acceptable are found at www.alarmcontracts.com].  I was taken back - just for a moment - when during one of my speeches I was asked - who decides what industry standard contracts are?  Is there some independent agency that sets standards?  Stumped for a moment, I came back with the answer.  No independent agency, but insurance companies insuring the alarm industry have certain things they look for, central stations have certain things they look for, lawyers and judges have certain things they look for, and state and federal laws impose certain restrictions and requirements.  Put them all together and you have what I would call an industry standard alarm contract.

     So to get to the topic, what do you do when you are asked [required] to sign something other than your alarm contract, or no contract at all? 

     General Contractors will look to have you sign their AIA or general construction contract.  It will not have any of the protective terms you need as an alarm company, and it will require you to fully indemnify the general contractor.  Is the General Contractor your customer - subscriber?  No.  You may be brought in by the GC but you know who the end user is.  It's the party who contracted with the GC.  Ultimately your alarm system is going to be used by that end user, not the GC.  How should you handle this?

     If the GC lets you contract directly with the end user, that's fine.  Your contract can even state that the GC will be paying you, but the end user should sign your contract.

     If the GC won't let you contract directly with the end user then you need to read the GC's contract.  The specifications that deal with the alarm system need to include your contract terms.  The GC should either incorporate your contract terms or attach your contract to the GC's contract as an addendum so that your contract terms govern your work.  Without one of these alternatives you will have no contractual protection that your alarm contract affords.

     Same goes for institutional / government end users.  They often present you with their contract or bid form, which provides none of the protective terms you need.  You need to get their contract to incorporate your terms, reference your terms, or state that your contract supersedes their form.

    If the GC or end user will not sign your contract and wants you to sign its contract then you need to assess the risks that contract will impose upon you.  You need to be certain that your insurance company will protect you if a claim is made regarding the installation.

     Your monitoring and service work will be covered only by your Monitoring Contract and your Service Contract [for fire - the Fire Inspection Contract].  Make sure you get those contracts signed when providing those services.