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Permitting subscriber to change contract / doing business with partnership November 20, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Permitting subscriber to change contract / doing business with partnership
November 20, 2017
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Permitting subscriber to change contract
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Ken,
    I always laugh when I see someone wanting to change the contract.  The only change I allow is the $ amount and the term.
    Once I had an attorney(customer) who wanted to delete the hold harmless clause.  I told him I wanted some legal advice from him and he can send me an invoice for it.  He accepted.  I then said, "now that you're my attorney would you have that clause in my contract."
He stammered, stuttered, got red in the face and said yes.
    I always enjoy your blog.
Best Regards. 
Barney
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Response
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    Thanks for the story.  I'm sure lots of readers have their own story regarding contract changes.  Obviously every provision in the Standard From Agreements are for your protection, as it should be.  Your customers just don't realize the scope of risk you take when you offer "security" or "fire" or "emergency response" services and protection.  Most get it once explained.
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doing business with partnership
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Ken,
    We are installing a security system in a business and it is owned by a partnership.  Only one of the partners can sign the contract as the other is out of the country.  Can only one partner sign on behalf of the partnership or do I have to get both partners signatures?
Thank you,
Christine 
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Response
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    Good question.  One partner can bind the partnership.  What you didn't ask, but I am sure you want to know, is who can you look to if the partnership defaults.  The answer is first the partnership assets, then the assets of the individual partners.  This is one reason that my advice is never do business as a partnership, though, you can do business with a partnership.
    Contrast a Limited Partnership; then the limited partners are not personally liable.  
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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
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com