KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Last week for Contract Sale / Collection procedure
January 10, 2022
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Collection procedure - see article below
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Contract sale: Only 5 days left.
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CONTRACT SALE ENDS JANUARY 14, 2022. ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEK WAIT for sale orders - longer for update orders] ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEK WAIT for sale orders - longer for update orders]
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The Standard Form Agreements are all updated. This year there are important updates. All contracts should be updated this year. One change is the inflation and supply chain delay provision; there are many others. 2022 updated contracts are ON SALE now; SAVE THOUSANDS DURING THIS SALE
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NOTICE:
The Standard Form Agreements have been updated for 2022. This year, because of unprecedented economic issues that have recently affected the alarm industry, all contracts should be updated. Check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating. Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed. The sale ends January 14, 2022; the sooner you order the sooner you will get the contracts. Please do not call requesting priority unless you are a Concierge Client or have paid for expedited service.
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How to order: order at www.alarmcontracts.com - ordering is easy - order on-line during the sale and save thousands of dollars. Need help ordering? Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Clients receive an additional 10% off the sale price. You can join the Concierge Program before ordering to receive the discount and you should take advantage of this program.
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Contract sale runs through January 14, 2022, ending at midnight EST. The discount will be applied to orders received between now and January 14, 2022 by midnight*. This will definitely be the best deal of 2022. When you place the order the full price will come up. We will apply the discount manually when we process the order. Contracts will be delivered by email only.
Here's the deal:
Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice save $150
Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell Notifier rider. Save up to $575.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $250
Fire All in One with Security Rider $1275.00. Save $300.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $700.00
Qualifier Agreement $1200.00 Save $300.00
Digital Sign And Display Sales, Hosting And Service $437.50 save 50% $437.50
Computer Consulting and Service $437.50 save 50% $437.50
Nationwide DIY with monitoring. $3500.00 save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 14, 2022 by midnight EST. Orders must contain valid credit card payment and be processed; you will receive confirmation. Fill out the order form; the full prices will show and we will apply the discount before processing the order. Orders arriving after sale ends will be processed at regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price. Sign up for the Concierge Program before placing your contract order to receive the additional discount.
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase***
Half price within 6 months to 1 year***
*** applies to original purchase only
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Collection procedure
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Ken,
What is the procedure if a client is moving offices and looking to terminate a contract early?
Regards,
Alan
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Response
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With the exception of the PERS Agreement for medical alert, the subscriber has no “early termination” right. A subscriber who wants to terminate early is required by the Standard Form Agreements to pay everything owed to date and 80% of the balance of the contract, sometimes equipment too. We’ve covered this scenario in recent articles. It warrants additional discussion now because I think we can anticipate an increase in subscriber defaults in 2022 because of the failing economy, increasing prices, pull-back on government subsidies and what I can only assume will be some restoration of normalcy to our struggling court system; maybe we can get cases processed in a reasonable time period.
I’d like to answer the question by discussing the wrong way to handle the subscriber inquiry for “early termination”. This subscriber at least called before it defaulted. If the inquiry is genuine you can assume the subscriber understand that something is owed. I may be too optimistic in this response because I suppose the subscriber could mean [or the question may mean] how to handle a subscriber who simply calls to say it is no longer paying.
You have to be careful how you respond, especially if you intend to hold the subscriber to the contract, including referring it to K&K for collection. You have to be very careful that you do not give the subscriber the impression that you are accepting the phone call requesting termination of services as a termination of the contract. You can agree to terminate the service but you need to be clear that the subscriber is still responsible for the payments due under the contract until the end of the term.
Perhaps the best response you can give is, “thanks for the call, I suggest you read our contract for what happens if you default in payment”.
Should you accept less than what the contract calls for? Yes; how much less depends on a bunch of factors, some of which may be
* your cost of installing the job and whether you made a profit or suffered a loss
* how long the subscriber made payment and how many payments are left
* why the subscriber is terminating
* your guess regarding the subscriber’s financial stability
* whether the subscriber is moving to parts unknown
You will also have to consider whether you want to be bothered chasing a defaulting subscriber. Remember, this is different than a delinquent subscriber, for whom some hope remains. You need to consider whether you want to commit time and energy in the collection pursuit or just move on and look for new accounts. Of course sending the defaulted account to K&K’s collection department saves you plenty of time because the K&K collection lawyers and paralegals are well-trained and fully capable to handle the collection with minimal involvement from you.
You want rule of thumb? If you can get 75% take it. If you are in the profit zone already with the account take 50%. Less than that, send to K&K [but only if you’re using Kirschenbaum Contracts ™]
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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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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.
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ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ********************
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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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