QUESTION:

Ken:

We are a locksmith and security company providing integrated security services to our clients.  We are in need of a Service Maintenance Contract (contract providing scheduled service calls/maintenance over a period of time) for our clients.  I perused your website but did not see a specific Maintenance Contract listed there.  Do you have such a contract available for purchase?  If so, is it tailored to work in California as well?

Erica Schaefer, MBA

Key Mobile Inc

Palm Desert, CA

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ANSWER:

    In the alarm business we don't use the word "maintenance".  You "service" upon request, but you don't maintain.  I am sure many court decisions use the words interchangeably, but I have drawn the distinction for a long time.  For a thorough analysis of my reasoning see my article at http://www.kirschenbaumesq.com/earticle11.htm

    If you look at my order page for alarm contracts, www.alarmcontracts.com , you will see Service Contract.  That's the one you should get.  This contract is for "per call" service or a recurring revenue deal where you provide labor and material for a long term contract.

    Even fire alarm contracts should not call for maintenance.  If you look at the list of contracts you will see Fire Inspection and Service Contract.  The fire inspection, usually required by the AHJ, is on a recurring revenue deal and the service (in that contract) on a per call basis.