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 ****************************** Disclaimer Notice / Canceling customer gives notice prematurely June 13, 2022 ********************** Disclaimer Notice ********************** Ken I have quick question on the additional equipment Disclaimer Notice. There are 2 spots at the bottom for a signature. Should I be signing on one line or is that just for the customer? Thank You! Anthony F ******************* Response ******************* The Disclaimer Notice is not a contract; it’s an acknowledgment by the customer that additional issues were discussed. The issues involve more security equipment and services, deficiencies in the system design that the customer insisted on and deficiencies in existing systems that the new alarm company is taking over. Only the customer signs the Disclaimer Notice. I recommend that the Disclaimer Notice be used on every sale and if it’s an existing customer any time there is an update made or recommended to the existing system. ******************* Canceling customer gives notice prematurely ******************* Ken, We signed agreements in January with a subscriber; now they want to cancel. Reading their email it seems like they think they can cancel any time on 30 day notice or that they are at the end of their 10 year term and are giving 30 day notice to cancel. I did not want to reply without your advice. Thank you, Jeff *********************** Response *********************** Your commercial subscriber has indeed misread the Commercial Fire All in One, which calls for a 10 year term; they are only into the contract for 6 months. The language in the All in One agreements is not ambiguous; it’s quite clear. The consequences of a breach by the subscriber is also quite clear. The Legal paragraph calls for 100% of whatever is owed to date and then 80% of the balance of the contract. It is probably a good idea to respond to the subscriber pointing out the contract and its pertinent provisions. It does appear that the subscriber has misread the contract, believing that it can cancel on 30 day notice, which would be the case if the contract was in month to month renewal. ************************ 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
