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More On Bart v Lee / IL Leaves ESA / More On Should Contracts Describe The System December 31, 2016

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Wishing you, your family and company a healthy and prosperous New Year 2017
What better way to approach the new year than a nice meaty public feud to fuel "circulation"?  So here it is regarding Bart's comment in the December 21, 2016 article.  
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Ken,
    And here's Dart Bidden shouting from his Ivory tower again.
Gene
Reliable Alarm
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Ken
    Response to Bart Didden 12.21.16
    Thanks for making my point.  Alarm industry leaders and Association leadership seem to be developing “plausible deniability”, in preparation for conflict, or their exit from the industry. Small local dealers want to be informed too.
    See below for excerpts from several 2016 news articles that support and justify our assumptions. 
~ Memphis TN:
Out of 69,000 annual alarm response, more than 99 percent were false and unnecessary, costing the city $7 million, Equivalent to adding/subtracting 16-18 police officers (plus support personnel, vehicles, fuel, insurance, pensions, etc, etc.)
~ Albuquerque NM:
Out of 22,000 alarm response annually, nearly all were false and unnecessary, equivalent to adding/subtracting 13 full time police officers (plus support personnel, vehicles, fuel, insurance, pensions, etc, etc).
~ San Antonio TX:
Officer’s SUV catches fire after colliding with another police vehicle (during response to private property false alarm).
(much more upon request)
    We all know that in just those two cities, all of the calls for help, and unnecessary police response (nearly 100,000, millions nationally) came from licensed remote monitoring firms that apply decades of “best practice”.  If that is the best we can do, we should not brag about it.  A wise man (my father) years ago, taught me that a good hammer and a straight nail are not compatible with a concrete surface. 
Lee Jones
Support Services Group
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ILLINOIS ALARM ASSOC LEAVES ESA
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    With an overwhelming vote of 38-7, Illinois Electronic Security Association members chose to end the chartered chapter relationship with ESA national during a meeting on December 20, 2016
The IESA’s Executive Board unanimously voted to end the state trade association’s chartered chapter status if membership agreed with that decision.
    The IESA board chose to have this vote so we could use in-state resources - dues that had previously been sent to ESA national - for political activities that we hope will lead to a solution that ends municipal monopolies, such as Schaumburg has recently implemented. This action was done to protect our livelihoods. We cannot litigate ourselves out of the municipal-monopoly quagmire we find ourselves in today. Instead, we will seek relief via the legislative branch.
Kevin Lehan, Executive Director
773-632-3140
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RESPONSE
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    Illinois is facing lot of problems with local municipalities competing with the alarm industry.  To join or support Illinois Alarm Assoc go here: http://iesa.net/wp-content/uploads/2016/12/IESA-2017-Assoc-and-MediaKit-2.pdf
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MORE ON SHOULD CONTRACTS DESCRIBE THE SYSTEM FROM DECEMBER 16, 2016 ARTICLE
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Ken,
    Thanks again for these posts as they are a great value to the industry. I’m curious if you think that adding a system and/or purpose to the contracts might endanger the subscriber, integrator, etc. to offering some sort of warranty?
Best Regards,
David J. Coughlin, Director, Security Sales & Operations
ENE Systems Inc
Canton, MA
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Ken
    What we as alarm dealers must learn and remember is that we are not selling PROTECTION.  We do not say bad stuff will NOT HAPPEN.  We say bad things WILL HAPPEN and we,  by virtue of the DETECTION SYSTEM we have installed, will promptly call the proper person or agency YOU DESIGNATE.
    WE WILL DETECT BAD THINGS HAPPENING AND TELL SOMEONE.
("I am not a guard or policeman, I am only a MONITOR.." Credit last quote to LIFELOCK...)
    What are the customers DESIRES in purchasing a system?  What representations are you making to entice the customer to BUY from you?  Are you promising more than the system is capable of because YOU DO NOT KNOW what the system can do?   Have you properly looked over the premises for any "weak" spots that SHOULD be addressed?  Never say NEVER. Every weak spot in a system can and at some time WILL be probed........
    Many times the customer will say I don't need that........(Have them say it in writing, because a verbal statement is not worth the air it is uttered in.)  Many many customers with DIAL UP ONLY will tell you that if their  phone line is cut the police will be dispatched.  Who TOLD THEM THAT?
    In addition to Kens contracts we have to look very hard at what we are selling and how we are selling it. You must meet  the customer on a common ground otherwise it will always be finger pointing and lawsuits.....
    From the chilly northeast....
Joel
FBN
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RESPONSE
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    Adding language "describing the system" is different than language stating "the purpose to the contracts".  Language must be precise so the quick and simple answer is that adding language to the contract can definitely get you into trouble; that's why we recommend the Standard Form Agreements without change, certainly without a re-write.  These contracts are carefully drafted and "vetted" by many alarm company owners and managers.  
    This topic started with the question whether the contract should describe a burglar alarm or fire alarm.  I finally decided that no change was necessary in the contracts.  Any change in "language" should be approached with caution.  Because the real purpose of the contract is describe the subscriber - alarm company relationship, and manage risks that arise in that relationship, I am comfortable that the Standard Form Agreements achieve the purpose.  
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2017 CONTRACT UPDATES ARE READY - ON SALE NOW - SEE SALE ANNOUNCEMENT
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    The Standard Form Agreements have been updated for 2017.  We've added a non-disparagement provision.  We added a liquidated damage provision when the installation is delayed by the subscriber or others. We modified the monthly payment provision for services so that you have option to give one lump sum instead of separate charges. Fire Protection contract inspection provision was modified in several ways.  Retention of ownership of decals and yard signs was added.  Warning on audio and video added.  Fire All in One added provision to deal with inconsistent agreements.  Other changes have been made and you should check with our Contract Administrator Eileen Wagda at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date.  Keep in mind that our updates are free for 6 months and half price for 12 months.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 6, 2017, so please be patient.  
 
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notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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    Contract sale starts now and runs through January 6, 2017, ending at 3 PM.  The discount will be accepted on all orders received between now and January 6, 2017 by 3 PM*.  This will definitely be the best deal of 2017.  Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
    Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $450.
    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 $1150.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement  $1200.00   Save $300.00
    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 6, 2017 by 3 PM EST.  Orders must contain valid credit card payment.  Fill out the order form, add up your charges (we will check the arithmetic) and put in "promo" after your total.  Orders arriving after sale ends will be returned or with your approval charged regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15%.
** Does not include consultation or modification
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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
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Update orders are processed after discounted or full price orders.
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