Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

More On Whether Contracts Should Describe The System Differently / Contract Sale Ends In 2 Days - January 4, 2017

************************
MORE ON WHETHER CONTRACTS SHOULD DESCRIBE THE SYSTEM DIFFERENTLY
************************
Ken:
    Isn’t there already an area to insert parts and or a description in the Standard Form contracts on the schedule page?   We customized the schedule with our own check boxes for various services, and for locations of access controlled doors and cameras.   We don’t specify the brand name or model numbers, unless a client specifically requested a particular camera make or model.
    I’m also curious why Mr. Hanley, in his response to you, thinks the contract is too long or onerous. Or why he is having trouble getting them signed. We begin sales with a proposal, the details of which are loosely copied over to the Schedule page as I mentioned.  We also explain to potential clients that a contract will need to be signed while explaining why we need them. We do sometimes get pushback, particularly regarding section(s) that relieve us of all liability even for our own negligence. Though usually successful, there have been times I ask them to contact our attorney, Ken Kirschenbaum. The number is at the top of every form with the copyright information.
    In my opinion, the contracts are an easy sell, if explained properly. There are some exceptions but in most cases the terms can be worked out if the client is willing to speak with our attorney. In fact there was only one I recall this past year that couldn’t be worked out, but that was due to the client’s attorney wanting all legal stricken. That’s a red flag, suggesting that this client may in fact be thinking of holding us responsible if someone trips and falls on their property. Mind you, this was for video cameras, not even a burg system. I’m sure they got someone to install it without signing a contract. I’m curious if the installer is in court yet defending a negligence lawsuit.
Mitch Cohen
BRIC SECURITY
Port Washington, NY
**************************
RESPONSE
**************************
    The Standard Form Agreements do in fact have plenty of room for the description of the equipment and service, because that information is provided on the Schedule of Equipment and Services.  Many companies simply attach their proposal which usually lists all of the equipment.  You should note that a consumer may require listing of brand and model numbers, so if you're concerned with being technically correct, include that information.  
    This discussion began however because the Standard Form Agreements, while offering some description for certain systems, don't describe precisely what a burglar alarm or fire alarm is; why it's installed.  Of course there are plenty of provisions warning about the limitations of the systems, that break-in, theft, smoke or fire may occur, but there isn't a simple statement:  A burglar alarm is designed to detect intrusion; A fire alarm is designed to detect fire.  
    So far I am not convinced that any change needs to be made to the contracts to add these obvious descriptions.  I prefer retaining the clear provisions that warn the subscriber to limitations and unambigiously provide that the alarm company has no liability.  This of course applies for a burglar alarm if there is a burglary, and to a fire alarm if there is a fire.  I think these issues are so obvious no further dscription is necessary.  
**************************
2017 CONTRACT UPDATES ARE ON SALE NOW - SEE SALE ANNOUNCEMENT
*****************
    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.  

******************
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]
*******************
    Contract sale 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
**********
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.  Free Update orders are processed after discounted or full price orders.
**************************