KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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should you refuse to monitor sub with no landline /  ESA seeks to change board - NYESA objects
June 1, 2017
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should you refuse to monitor sub with no landline
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Ken,
    Thanks for all the great info on your site. I have ran into a situation with a subscriber at the signing of your All in One contracts. As the customer was filling out the information for the call list and explained how it works they had requested that the call would go to their cell phones first.
    I had explained to them that there should be a phone on premise to verify. The issue that I am running into is that the customers are no longer having a dial tone to the premise with the technology doing away with that old fashioned service as they say. I also explained that if central station calls their cell phone and they are not at the premise how does the customer know when to let central station to dispatch.
    I also explained to them in great detail that the liability can be catastrophic. They insisted that that’s the way the customer wanted it and no compromises.
    At that point I seen the liability it would mean for my company and I couldn’t leave it that way. They were very understanding that I couldn’t sign the contract and would have to remove the system. They didn’t object and stated that it was my choice.
    Is there anything in your contracts that will address this problem? I have read the contract and didn’t come across any wording.
    Please advise.
PG
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Response
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    Do not remove the equipment and sign the contract.  You should put in the Disclaimer Notice and in the Schedule of Equipment and Services that you advised them to get a land-line.  You can also try and get them to get a video system that send clips to their phone - one of the DIY systems, which is a reliable for verification.  You are covered in the contract.
    You should not have an option of removing the equipment because the equipment should not have been installed before the Contract was signed.  No exceptions.  This apparently isn't a take-over since you installed it and are considering taking it out.  
    Ultimately the subscriber is responsible for the alarm system and will suffer whatever consequences flow from non-compliance with AHJ, manufacturer or industry standard requirements.  Just be sure it's clear it was the subscriber's decision to proceed in that manner.  This obviously does not apply to a systems required by law, such as fire alarm system.  Then you can't hide behind a decision by a subscriber.
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ESA seeks to change board - NYESA objects - ballots due June 9 2017
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        YOUR VOTE ON ESA BYLAWS NEEDED!
    By now each member should have received a package from ESA containing a ballot and the Proposed Amended Bylaws document. On the ballot members are being asked to vote for and/or against the enclosed bylaw changes.
    The change in the proposed bylaws would be to reduce the number of seats from forty-five (45) to thirteen (13).  The specific amendment to the Bylaw would be the elimination of the State Chapter seats and replacing them with five (5) elected Charter Chapter Council seats.
    The NYSESA board has unanimously OPPOSED this proposal. The main reasons for this opposition;

    The NYSESA board and I encourage you to vote AGAINST the proposed  Bylaw Amendments. Please cast your ballot today. If you need an additional ballot please contact the NYSESA office for assistance.      For more information you can visit NYSESA’s web site to review position papers from both parties.  http://nysesa.org/index.php?option=com_content&view
Larry Huff
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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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