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more on on sales tax / refund on terminated contract / dealer concern
November 16, 2018
more on on sales tax from November 9, 2018 article
    I run my business in Connecticut. Rather than trying to figure out what’s taxable, what’s not, and if there are percentages of the job that apply, I simply collect the full amount of sales tax on every job I sell (except for legitimate tax exempt clients). None of my customers in over 12 years have ever balked about paying tax on their invoice. This way the great state of Connecticut gets their pound of flesh on every job, and there’s no margin for error.
    I think you may be taking a serious risk if the sales tax is not due. You could end up on the end of a class action or attorney general investigation. You may be required to refund collected sales tax that was not due, and you may not be able to recoup it from the state even if you are required to refund it to your customers. You need to consult with a CPA or tax attorney and an opinion letter, or ask for an opinion from the sales tax department.  
refund on terminated contract
    I have a customer who is no longer in contract. On 11/01/18, they paid for a quarterly invoice for monitoring services from 11/01/18 to 1/31/19. On 11/07/18, they requested to cancel services as of 11/16/18. Do we need to reimburse them for the period they paid for but now no longer want coverage for?
    This customer is on a month to month automatic renewal schedule pursuant to the terms of the Residential All in One. The notice to terminate was defective because it requires 30 day notice. I see two options: 
  1. Treat the termination notice as a nullity because it didn't give 30 days notice. No refund but I would not discontinue service until 1/31/19.
  2. Deem the termination date December 7 and give them one month refund. You can wait until they ask for it. 
******************** dealer concern
    We have encountered Subscribers of other dealers who when asked "who is your alarm company" they answer "". Now I see why.
    Aside from the rider, we are more concerned with this section regarding enforcement of T&C’s as a third party beneficiary to our contract, even if they cancel our agreement as a Dealer and the Subscriber is still under a term agreement (3yr or 5yr). Is this what you have encountered?:
    3.4 Notwithstanding anything to the contrary in this Agreement,     Dealer shall not sell any Services, or sell or install any Product, unless, before any such sale or installation occurs, (a) Dealer has determined from printed or interactive written information provided by that the location or locations at which such Services will be used and at which such Product will be located are within an area of wireless telemetry coverage in which Services are available, and (b) Dealer has entered into a Subscription Agreement with the end user customer for all Services and Products being sold to or installed for such customer, which such Subscription Agreement contains all the terms and conditions in Schedule 1 (as may modify such terms and conditions from time to time, the “ Terms”) and no terms or conditions that are inconsistent with the Terms or otherwise inconsistent with this Agreement. The Terms included with this Agreement shall appear in the Subscription Agreement as stated (as may modify the Terms from time to time), exactly in the same order, and in conspicuous print. Dealer shall enforce all provisions of the Terms on behalf of at’s request. Notwithstanding the foregoing, Dealer acknowledges and agrees that is an intended third party beneficiary of the Subscription Agreement and that is entitled in its own right to require due performance of the Terms by Subscribers and accordingly has independent rights of enforcement. Dealer shall cooperate with in any enforcement of such Terms by
    As always, we appreciate all you do for the industry.
    You can't have your subscribers use without becoming an dealer. One requirement is that you must incorporate terms and conditions in your subscriber contract. I determined long ago that the terms were not as effective as the terms in the Standard Form Agreement, and I therefore refused to change the Standard Form agreement to include the terms. Rather, we recommend using an rider to the All in One. That rider is a direct agreement between the subscriber and If there is a claim it's clear that the subscriber's use of is governed by the rider. The relationship between you and the subscriber will be governed by the All in One
    If there is a serious loss we'll see which one holds up better. I'm thinking the All in One; be sure to use it and get the rider if you want to be an dealer.

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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
516 747 6700