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Question: PERS monitoring
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Ken
Is there any central station that has PERS GPS monitoring? I believe COPS and Quick Response do not offer this service but Rapid does.
Fred Schoenfeld
FBS Security Systems
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Answer
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Probably most of them listed on The Alarm Exchange offer the service.
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Insurance procurement clause
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This provision requires your subscriber to obtain insurance and name you as an additional insured. It raises some objection from time to time and I typically suggest that the provision be deleted.
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Question: codes
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Ken,
We use your All-In-One contract for residential alarm systems. We recently cancelled a customer for non-payment (as well as consistently late payments when they paid and abusive conduct to our service and central station personnel). What responsibility, if any, do we have to hand over installer/master codes to them (or their new alarm company)?
Thanks!
Ben J. Komar
Home Control Works
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Answer
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None, unless you are in state that requires it by statute. I don't know of any states that require it unconditionally. At least one state requires it but subscriber must give you a release to get it. Might be Texas - dont recall at moment.
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recent review of alarm contract
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I recently reviewed an alarm contract. Even though this isn't your contract I thought my response may be interesting.
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Ken,
Per our discussion attached for your review and comment is a Security
Service Contract. As you will note in Section 16, Important Terms &
Conditions, one of our product/service offerings is a "video verified"
system. It is our intent to sell this system to customers with the
understanding that if we sell a video verified system, we will not notify
police of an intrusion if we do not receive "video verification" of the
intrusion alarm. I would appreciate your advice as to adequacy of the
wording in Section 16 as well as for the rest of the contract including
the comments attached to Sections 8,18, and 19.
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Dear ..........:
I read your contract provisions identified in your email. The
provisions are wordy. If you use this form be certain to comply with
the various procedures laid out. The provisions reviewed all appear
to be written by someone other than an alarm industry recognized
attorney versed in contracts. In other words, the contract looks like
an alarm guy wrote it using contract forms at his disposal.
I am not sure if using the term "gross negligence" or "failure to
comply with law" will vitiate the provision or the contract. The
term "any other party" is found in a lot of alarm contracts, but not
the Standard Forms.
Paragraph 16 is wordy. I am not sure that 'attempt to contact" is the
best terminology. I am also not so sure that the procedures are your
procedures or your central station's procedures, or if they comply
with UL or other testing laboratories, or AHJ requirements. You will
have to be very careful that you comply with these procedures.
Paragraph 18 is also wordy and any criticism would be about style
more than substance.
Paragraph 19 is hard to follow but I suppose criticism would again be
primarily stylistic changes.
I also reviewed paragraph 5 and 6. Paragraph 5 should include waiver
of subrogation in the paragraph heading and the wording could be
stronger.
Paragraph 6 is an improperly worded limitation of liability clause
and in invitation for disputed litigation and refusal to enforce the
provisions. While the provision might hold up it's not drafted with
clarity. To put this particular criticism in perspective, if I were
representing you in a defense case I would be arguing for the
provision's enforcement as a model of clarity; If I was reviewing
your contract for an insurance carrier considering offering you
coverage I would reject the contract and this provision.
It's evident that you spent a great deal of time and attention
creating this contract; Probably even more time than I would spend
trying to install and program a new alarm system in my home. No matter
how much time I spend on that installation I know the alarm will never
work, at all. Hopefully, you'll have a better experience if you
decide to use this contract.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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Speaking Engagements
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Northeast Security & Systems Contractors Expo Thursday, May 22, 2014 10 am to 5 PM at Royal Plaza Trade Center, Marlborough, MA. registration www.expotracshows.com/neacc/2014/ Presentation on Alarm Law issues and Q&A will be at 2 PM. For more info contact Gary Spaulding, NEACC President
207-384-2420 gary@spauldingsecurity.com
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Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org/
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
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