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 whitelist ken@kirschenbaumesq.com ********************** Is ordinary wear and tear covered by Repair Service Plan December 16, 2023 ************************** Is ordinary wear and tear covered by Repair Service Plan ************************** Ken, A customer is paying us monthly for Repair Service, and they are asking us if it covers wear and tear. I was going to say yes, but after re-reading the section, I am unsure. Also, would a service call to clean cameras be considered part of Repair Service based on the standard wording? Here is the contract provision: “All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, water, insects, vermin, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer” Dan *********************** Response *********************** Ordinary wear and tear is covered by the Repair Service Plan. The above provision mentions a few scenarios where there would be no coverage and then, by use of “other than normal usage, wear and tear” makes clear that it’s covered, not excluded. I don't know what ordinary v extra-ordinary means [honestly]. Cleaning cameras doesn't sound like a covered repair. Camera stops working [out of warranty] for no apparent reason; that's covered. Stops working because of electrical surge or painter or bugs - not covered. Final thought - might depend on how often the customer seeks repair. If once in years you may want to be more liberal; if monthly - you want to charge. When deciding whether to offer per call or Repair Service Plan consider the RMR opportunity, because that’s the only way to add value to the equity in your business. *********************** STANDARD FORM AGREEMENTS: 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. *********************** WEBINARS:https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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
