QUESTION:

 

Ken

I have a few general question;

I have worked in the industry for approx 18 years. My boss has been sending

me the information in regards to the ADT case.

1. Why is it always the burden of the alarm company when it comes to

contracts.

If a subscriber refuses to sign a contract, never sends back a signed

renewal contract or the original paperwork but continues to pay the

monitoring bill what would happen should the subscriber had a loss.

My second question has to do with setting an alarm panel back to the

factory default if a subscriber has to decided to contract with another

company.

2. I am correct to say the existing company should reprogram the whole

panel back to factory default including all point assignments, point index

codes, schedules etc. Is the existing alarm company liable if they leave

programming information in a subscribers panel?

Thank you

Lillian Murphy

CSS

 

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ANSWER:

 

It's not always the alarm company's burden to prove the contract. The party

who wants to rely on the contract needs to establish that one exists. It's

usually the alarm company that has that burden in litigation.

There are times when a written contract will be enforced even if not

signed. The facts would have to be established that the parties intended

that contract and all of its terms to be their agreement, that they either

intended to sign or thought they did, and that the parties performed as if

they had signed. It's not an easy burden to overcome and it just makes

sense that you would take all necessary steps to make sure that your

written contract was in fact signed by the subscriber.

Regarding those contracts that state that the contract is not valid unless

signed by an officer of the alarm company, I removed those provisions long

ago. Too many times the alarm company doesn't have the proper officer sign

the contract. This was precisely one of the problems in the ADT case. So if

you have a judge who really wants to rule in favor of the subscriber you

are giving him the hook he needs to justify his ruling.

Regarding your second question, my contracts provide that the codes are

always owned by the alarm company and only on completion of the contract

will the alarm company either provide the code or default the panel to the

manufacturer's code. Unless you have a statute in your jurisdiction to the

contrary, your contract will govern this issue. You can also read several

articles on this topic on my web site on the Articles Page.

 

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Here are some answers to the NJ license issue:

Ken,

This is in response to your forwarded question about New Jersey Licensing.

The Fire Alarm, Burglar Alarm and Locksmith Advisory Committee in NJ issues

licenses to persons installing, servicing and selling burglar & fire

alarms, locksmith work and electronic security systems. As defined in the

regulations:

NJ ADC 13:31A-1.2 Definitions

"Electronic security system" means a security system comprised of an

interconnected series of devices or components, including systems with

audio and video signals or other electronic systems, which emits or

transmits an audible, visual or electronic signal warning of intrusion and

provides notification of authorized entry or exit, which is designed to

discourage crime. "Electronic security systems" include access control

systems, CCTV systems, intercom systems and other electronic monitoring

devices.

Regardless of the main activity of a contractor, any work with these

systems falls with the regulated profession and requires a license. As in

the example provided, a door strike, magnetic lock, a door phone, door

access controls and CCTV system are all clearly regulated by the committee

and require a license.

Your readers should also be aware that the installation of

telecommunications systems (telephone wiring) and network communications

systems (such as communicate via IP) wiring of any type are regulated by

the Board of Examiners of Electrical Contractors.

I direct you to the following State of NJ website for further information:

http://www.nj.gov/lps/ca/nonmedical/electrical.htm

 

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You can check the statutory reference at NJSA 45:5A-23 et seq but the scope

of the work that the inquirer describes does not seem to fall into the

category of fire and burglar alarm work.

The New Jersey Lawyers diary lists the director of the Advisory panel as

Barbara Cook at 973-273-6245. Once you contact that office you can find out

who the Deputy Attorney General is that serves as board counsel and ask you

question directly.

The last DAG listed is Joseph D'Onofrio at 973-648-7266 but my recollection

is that he may no longer be their counsel.

Good luck.

 

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You will need NJ burglar alarm license in order to do cameras for sure, and

I am pretty sure you have to have burglar license also to do door access,

and of course, if you install locks you need lock smith license, which is a

separate license or have lock smith install the lock for you

You can call State of NJ licensing division in Newark NJ and specifically

speaking with Mr Deluka (I think that's the spelling), but before you do it

and upset authorities with lots of questions please read NJ burglar license

law which quite long but it will answer all your questions.

This website is your starting point, but I don't remember the link so do

some searching and you will find it here http://www.state.nj.us/

Raf