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filling out the Residential All in One / sub won't sign new agreement and old one missing February 24, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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filling out the Residential All in One / sub won't sign new agreement and old one missing February 24, 2017
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Dont miss today's webinar at noon EST: 
Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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filling out the Residential All in One
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Ken
    I am preparing one of my contracts for review and signing by a client later this afternoon. One of the questions I had as I am am doing so is with regards to the purchase price info start date and the per month blanks. 
     I was hired as a subcontractor by an electrical company to design and install the alarm system. The electrical contractor purchased all the materials that I specified and I installed them as per our arrangement. The sale of the system, devices etc was done through the electrical company. So I have had no interaction with customer or money owed by the customer until now. That being said is it okay for me to not fill out the purchase price info etc?
    My second question is that I am now signing the client up as a subscriber of my company for central station monitoring, service etc. 
    I typically do not do month to month billing as I am a small one man company and the paperwork becomes to much to stay on top of. Therefore I bill on an annual basis. Do I then breakdown the annual cost to a monthly rate and indicate it as such within the per month blanks and then specify "12 months" within the "in advance" blank?
    Thank you for your help with these above questions
Respectfully,
confused
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Response
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    We are dealing with the Residential All in One.  You were not contracted for the sale or installation by the end user, but by the electrician as its subcontractor.  Typical scenario.  The electrician has no interest in the RMR items and doesn't use a contract to capture those services; you do.  
    The scenario would be no different if this was a take over of an existing system owned by the subscriber.  
    The sales and installation portion of the contract doesn't apply.  You just leave it blank or you can write in the open space that the "system is already installed and owned by subscriber".   You can also make that clear in the Schedule of Equipment and Services.  
    All of the RMR items have several spaces that need to be filled in.  This seems to be confusing you, but it's quite simple.  The first blank space is always the monthly charge.  This has nothing to do with how often you bill it.  If you bill annually then calculate the monthly amount and that is what is inserted in the first blank.  Then you are going to fill in the next blank space indicating how often you are going to bill, monthly, quarterly, semi-annually or annually.  
    Filling in the All in One this way shows the subscriber the monthly charge rather than a larger number.  Some jurisdictions may require that you show the subscriber the total amount to be paid over the life of the contract, and in those states we have a provision for that in the agreement.
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sub won't sign new agreement and old one missing
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Ken
    We have a customer whos contract expired and has been going month to month with us.  In going through our 2G sunset efforts we discovered that his original contract was missing and we have no original contact on file. He is now refusing to sign a new one and we are not comfortable keeping the account that way. What should we do?
JG
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Response
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    You can't find a written contract but you believe this subscriber is in month to month renewal.  Sub won't sign new agreement.  Send sub 30 30-daytice that you are not renewing service and will be terminating service at end of the current monthly renewal term.  Do not give any options or alternatives to the strict termination date and time.  If the subscriber contacs you and wants service insist on a new contract.
    I am concerned with giving this subscriber 30 day notice because, with your luck, there will be a loss during this 30 day period and you won't have any contract to rely on for your defense.  You may want to notify the subscriber that you are terminating services in 5 days and suggesting that the sub find alternate service provider.  You should give up codes if necessary and also be certain that all you terminate is monitoring.  The sub is entitled to a local working alarm system if the sub owns the system.
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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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
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