September 24, 2011

 

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Insurance procurement clause

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Ken

Twice this week I have had potential subscribers balk at signing the contract with this clause. They say they won't add us as an additional insured, therefore they won't sign the contract. How can I answer this objection?

Thank-you,

Sally Sheridan, Manager

 

Rampart Security Systems

Orlando, FL

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Answer

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The insurance procurement clause requires your subscriber to carrier insurance [protecting the property the alarm system is designed to cover] and to name you as an additional insured. I won't get into the reasons now, but as long as you carry E&O insurance you can omit this provision from the contract if you have to safe your deal.

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DVR technical question

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Ken,

I have subscribed to your newsletter for quite some time and grab interesting items from it frequently. I had been more interested in access control systems but recently have found myself having to deal with DVR systems and I am flailing about. I am looking for a standalone DVR that can trigger on motion, send an email AND support a periodic ftp of captured video clips to off site storage. Several manufacturers/distributors seem to have those capabilities but I have purchased and returned two so far and still looking. I cannot believe the poor quality and almost non-existent customer support that pervades this domain. In one case the video clips were being stored but the emails were very sporadic, maybe 10% of the triggers resulting in an email. The manufacturer said they thought that the issue was with my email provider, Gmail. Very doubtful.

I was wondering if there was a resource that I could go to for recommendations on professional quality products in this category. I am not looking for a whole system as we have software that will parse through the image and do our own processing, I just need the DVR to trigger and provide the data into our system.

Thanks,

DR

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Response - can anyone help DR out?

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Subscriber gets our of renewal contract

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Hi Ken

Thank you for all of the information on your website about automatic

renewal contracts.

I had a problem with this type of contract with ADT. After sending them

a copy of NY state law published on your site and a letter demanding

cancellation with no charges, ADT sent me a letter stating that they

credited my account and now have a zero balance.

My lawyer told me to pay ADT because the cost of researching the

legality of these contracts would cost more than ADT's termination

charges. I knew this type of contract was immoral, but I didn't know if

it was illegal. I spent literally 5 seconds on Google, found your site,

and voila!

Thanks again.

Best Regards,

Dave

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Response - I don't assist subscribers, but can't stop them from using the resources on my web site. You should be checking out the web site from time to time to see all the information we post for this industry.

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just the contract you're looking for

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Ken

NEED Contract for monitoring that will have protection for control of

alarm system by our cellular phone app. that will allow arm ,disarm and more

by end user and also have the annual fees for that service and monitoring

service in one. We have a monitoring contract from you. So we would need to have end user

sign another contract also called Subscriber Enabled?

Thanks.

Doug

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Answer

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Get the Subscriber Enabled Monitoring Service Contract. It covers the features you describe.

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cooling off period

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Question

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Ken,

What is the story about the 3 day waiting period for in home sales. Is it still the law? How does Vivinit and other companies get away with installing that day. What advise do you have for us. We run into companies all the time who will install that day or the next and when tell them we have to wait 3 full business days we lose the sale.

Bob

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Answer

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You don't necessarily have to wait the 3 days to install. Some jurisdictions permit waiver of the 3 days - you have to check the law in your state. My web site is a good starting place. Also, you can install within the 3 days and just risk cancellation which will require you to restore the subscriber to pre contract and installation status. In other words, refund all money and remove your equipment and repair any damage. Be sure to give the 3 day notice - the 3 days doesn't not begin to run until the notice requirement is complied with.

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Question - competitor targeting your customers?

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Ken,

What can we do in regards to a company that is targeting our customers? They have even had the audacity to remove part of our system and install their's while using some of our sensors. And the parts they removed they damaged!

Laura

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Answer

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There is a difference between your competitor taking an account or two - even using your equipment - and "targeting" your accounts. An account or two can be handle with a phone call, hopefully, or by suing the subscriber for breach of your contract. But a systematic scheme to target your accounts has to be dealt with quickly and aggressively. You can start with one phone call or letter, but if you don't get confirmation that the conduct will stop you should take immediate legal action. You would sue for injunctive relief to prohibit the continued offensive conduct. The competitor can be enjoined from continuing tortious interference of your contractual relations with your subscribers. Your lawsuit by the way is going to be much more difficult, in fact not likely to succeed, if you do not have existing and enforceable contracts to protect. If you have an "at will" relationship with your subscriber then the subscriber is free to go elsewhere any time and it's going to be very difficult to establish improper conduct by your competitor that would sustain a cause of action for tortious interference.