August 5, 2011

 

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Question

 

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Hi Ken,

    Our company is looking to get alarm contracts but I want to make sure which ones we will need. We Install security systems in residential and commercial sites and collect monthly monitoring from them with another party central station doing the monitoring. We are thinking we'd need the sales and monitoring agreements. Can you also tell me what the service agreement entails?

Thanks!

Andrea

Colorado

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Answer

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    Almost all alarm companies need the Sales Contract and the Monitoring Contract.  But if you look at the list of contracts at https://www.kirschenbaumesq.com/alarm2.htm  you will see that there are Standard Form Contracts for just about every type of system alarm companies install and service.  Why so many contracts?  Because the contracts need to be a diverse as the systems and services.  Our contract administrator, Eileen, who you can reach at 516 747 6700  ext 312 can guide you and answer most questions.

    Don't over look the Service Contract.  You provide service and if you don't have a contract for that you won't be "contracting away liability for your own negligence", which you should be doing.

    We do customize our contracts state by state and with your company information.  Our contracts can also be revised to suite your particular needs, and although I will counsel you about the changes you may want, you can make any changes you wish.  Try not to get yourself into trouble with your contracts; they are the most important part of your business.  Neglecting your contracts is worse then using 30 year old technology for your installations.  [and the thought occurred to me, if you're thinking, ha ha, 30 day old technology may be dated, then think about how often the contracts need to be reviewed as well, i.e. the new Subscriber Enabled Monitoring Service Contract]

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follow up on waiving exculpatory clause

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 Ken,

     maybe Stuart / Philadelphia should just walk away from this. He must be like everyone else

Busy with other work. How much time and energy can you put into this for the return and headache

Invested into this. I am sure the church is also looking at other companies for a quote and if the other

Companies are willing to give in and rewrite their contract to get the business so be so. 

      Ken remember we ALL come to you for your extreme knowledge that you have shared with our Industry for many years of the past and hopefully god willing the same in the future.

Norm

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email Norm refers to

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Dear Ken,

 

            A couple of serious questions:

 

            1. I have a customer who wants to do business with us.   It's a small church but members who are lawyers and Insurance agents told them not to sign the contract mainly because of the exculpatory clause..

 

            Do all the other provisions of your contract protect me sufficiently without that clause; and of course I'm insured.

 

            2. To be fair it seems some of my customers balk at signing because it seems one sided in our favor. Some just want the contract to be fair saying if we do something wrong we will take responsibility vs. we aren't even responsible for our own negligence. Is there some language I can use to that effect you can provide me?

 

Stay Safe,

 

Stuart Rosenberg ME, CET, President

 

Philadelphia Detection Systems Inc