KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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free book offer from Jay Stuck / Comment on limitation of liability case / Retaining paper contracts
January 13, 2021
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Free book offer by Jay Stuck – get it today on Amazon for FREE
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Alarm industry veteran Jay Stuck has a great way to begin the New Year, a free book hot off the press. Beginning January 13th through January 15, 2021, Jay is making his new book, The Plus, available to everyone on this forum. Search Jay Stuck, The Plus on Kindle for the e-book download.
Use this link to get the book.
https://www.amazon.com/Plus-Wasnt-Normal-Kind-Armageddon-ebook/dp/B08PTGTX29/ref=sr_1_1?dchild=1&keywords=Jay+Stuck&qid=1609693503&s=digital-text&sr=1-1
Please order this book and please give Jay a great review once you’ve read it.
Here is a little blurb by Jay:
“What if the entire planet fell asleep for ten years? And most people didn't wake up? The Plus races across the country, where people are desperate for food, and mankind's only hope is a wounded former Marine Major. From Chicago to Area 51, The Plus is a science fiction tale that's ripped from the headlines. "It wasn’t the normal kind of Armageddon. Yeah, a bunch of people died. But some stuff still worked. Kinda. But as you’d expect, after ten years, most of the stuff didn’t. The smart people called it The Hyber. Most everyone else called it The Plus. You know, like in ‘Plus Ten.’ Get it?"
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Comment on limitation of liability case from January 6, 2021
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Ken,
Interesting comment on the topic of Limitation of liability and defending claim case analysis in your Wednesday, January 6, 2021 column. I especially liked the part where you mentioned that, although the limitation of liability terminology was on the back of the Contract, the Defendant’s attorney only sent the front in discovery.
This reminded me of an issue that we frequently encounter when doing acquisition due diligence. Many Sellers (far too many) scan their Contracts and shred the originals but they only scan the front of the agreement. The reasoning is that the only information that “differs” is the customer, rate, and term information on the front, and that is the only information that the Company needs on a day-to-day basis. The problem with this is that the Customer may have made an alteration or change on the back of the Agreement and we would never know. At a minimum, the Seller no longer has the complete Contract. This frequently presents a huge issue and has hung up several transactions and added to due diligence issues.
Scanning Agreements is fine, in fact, it is a great idea, but hang onto the complete Contract. And, make sure that the Contract that you keep is a well written, legally enforceable, and marketable, contract, like Ken’s.
Mitch Reitman
Reitman Consulting Group
Fort Worth, TX
817-698-9999
http://www.reitman.us
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Retaining paper contracts
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Ken,
We want to go all digital in storing all of our client paper work including the contract. Is there a requirement that requires us to keep paper copies on hand?
We are backing up to 2 separate electronic storage sources.
Greg
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Response
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It doesn’t hurt to keep the paper original but it probably defeats the purpose of digitizing the contracts. It’s not necessary to retain the paper, but it is essential that you scan every page of the original contract and all exhibits as a single document.
In case you forgot, your contracts are the most important business asset you have. Your health and happiness are also important assets, but you can’t sell them.
* Make sure your contracts are current and updated.
* Make sure every subscriber signs a contract.
* Make sure you retain every contract, the entire contract
* For residential, make sure you use the cancellation notice
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To order up to date Standard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com
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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
www.KirschenbaumEsq.com
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