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residential or commercial contract? / middle of subscriber divorce dispute / Invitation to present webinar February 28, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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residential or commercial contract? / middle of subscriber divorce dispute / Invitation to present webinar February 28, 2017
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Don't miss tomorrow's webinar by alarm expert Jeff Zwirn. 
Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
Note on Webinars.  Our All You Need To Know About webinar series has been well received and well attended.  Thanks to those who have presented and we're looking forward to the scheduled webinars.  If you would like to present a webinar please let me know asap so we can schedule.  Your topic?  Fill in the blank"  All you need to know about ______ [alarm industry issue of course].  
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residential or commercial contract?
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Ken
    A residence we installed an alarm in years ago has a new owner and they called for monitoring activation.  It is a residential home but they said the monitoring charges will be to the client's company.  Do we use a residential or commercial contract for that?  I believe the company owns the house and will supply all utility type services.  
Dave Febbraio
SHS
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Response
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    Good question.  Residential alarm subscriber requests that you bill his business corporation, and asks that the contract be made out to the corporation.  So which contract do you use, residential or commercial?  
    The end user is the people living in the house and they have to sign the Residential All in One.  you can indicate on the contract that the corporation is to be billed and will be the only one responsible for payment.  Why you would agree to that is a better question.  You can agree that the business pay, but in this case the homeowner should also be on the hook.  Make sure the corporation signs that it will make the payments.
    If the business goes bankrupt don't be surprised if the Trustee demands all the money the corporation paid you back.  
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middle of subscriber divorce dispute
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Ken
    I'm in the middle of a dispute of a couple getting a divorce that has had my security fire system for a year and the contract is a 5 year contract .the husband signed the contract and his name is on the house and cars also .they have had hearing so far and the judge granted the wife temporary possession of the house .the workshop ,a detached full-size shop, is also connected to the security system .She called us wanting to change the code on the alarm system and we said no because she was not the contract signer.she called another alarm company to come up and take it over.  He who makes his living working in the shop, ran them off .the police were called and witnessed this . A few days later ,I ran into an employee of the other company and mentioned this couple's name and the problem and that I had a 5 year contract and he replied that he was aware of this situation and that his owner was dealing with it .i told him that they should back off of this takeover . The wife also changed all the locks so he could not get into the garage of the house where some of his big tools are that he uses for work .the other alarm company came back up just a few days later and put in a new system and cut the wire going to the detached shop .The husband came back home while they were doing this and took more pictures and ordered them off his property.the pictures the husband took of the installer leaving shows the same guy that I warmed about this walking off with our system in his arms hiding his face behind our equipment that he took out since the husband was taking pictures and telling him that he was stealing his property .the installer got into his truck and left .since another hearing is coming up later this week ,the husband with my help is trying to figure out what action to take against his wife and the alarm company that was involved .the wife is not likely to fare well in the next hearing when the judge hears all of this that has happened after the first hearing .also wandering what action I should take .i have already briefed the police chief who I know very well .thanks Ken .Your advice would be extremely helpful .my contract is an old one drawn up by an attorney in 1980 when my father had a company just like mine .it has held up fine in my only court case but I am wanting to get yours if I could only compare.
name withheld
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Response 
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    Do you think you're Jerry Springer?  The husband is under contract and his matrimonial action is not your affair.  The husband should get his attorney to get him access to the shop; otherwise the wife has possession.  You should have put the wife under contract.  The husband owns the alarm system, not you and he has to file the complaint against the other alarm co.  Doesn't sound like you want to sue the husband on the contract.  You want to compare my contract to the one you acquired from your Dad's company in the 1980s?  If I wasn't so tired as I write this article I'd fall off my chair laughing.  Why don't you compare your 1980 Chevy to a 2017 Rolls Royce?  WE WILL NOT REPRESENT YOU IF YOU DONT USE OUR CONTRACTS.  You are foolish to be using an old contract.  I suggest you upgrade to the Standard All in One Agreements today.
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WEBINARS:  Sign up for any or all of the webinars that interest you.

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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.

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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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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
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