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QUESTION: SHOULD YOU SELL TO SUB WHO WANTS LIMITED PROTECTION
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Ken
    We use your all-in-one contracts.  I would like to know if we should perform an installation when the customer wants a security system, but only wants 1 carbon monoxide detector installed by us.
    Should we chose to do the install, the CO detector will be part of the security system and monitored by our central station.  
    If we chose to do the install, should we include notes on the Schedule of Equipment and Services list?  Or are we just opening the gates of liability on ourselves?
name withheld            
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RESPONSE
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    The Residential All in One will cover you, especially if you use the Disclaimer Notice, as you should.  I assume this is a residential account, because if it's commercial then you shouldn't do anything other than an approved, to code system.  Not sure if CO is included in a fire alarm system, but if it is then you have to follow all the AHJ rules.  If it's not then you can do it using the Commercial All in One, but be clear that the CO detector is not an intrusion or security system or device and it's not a fire alarm and it has very limited purpose.
    Many if not all jurisdictions require CO detectors.  You should know the law in your jurisdiction and let the subscriber know there are laws that address CO detectors.  Once you do that you are permitted to install whatever the subscriber wants; just be sure to document that it's the subscriber dictating the design and services and it's against your advice.  Both the Residential All in One and the Disclaimer Notice are used for that, and if after reading those forms the subscriber still wants to do it his or her way, then go ahead, and you may as well charge top price because you're dealing with an idiot [to use the term broadly].  
    How about this?  Your subscriber tells you to install intrusion detection devices all around the house, put up your decals and yard signs, but don't bother wiring the system or installing a panel.  In other words, there is no functioning alarm system.  Just be sure to put it in writing.  I know many in the industry will say that as professionals you shouldn't install that equipment, but from a legal perspective, you can.
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QUESTION: GETTING RID OF DIFFICULT SUBSCRIBER
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Ken,
    I have a customer who owns a retail shop.  He disrespects me and my and we are not accustom to such interaction with our customers. He uses vulgar language, calls me and my staff a-holes and hangs up on us when he doesn’t get his way.  He is under a monitoring contract for 2 more years.  What can we do to eliminate the relationship (if one calls it that)?  We use the Commercial All in One form.
anon
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Response
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    First, sleep on it a week or so and see if it still bothers you.  Accounts are easier to lose than obtain.  If the account is really one you want to get rid of you might try selling it to one of your thicker skinned buddies.  If that isn't in the cards then you can start to turn the screws.  
    I should start by saying that you shouldn't simply notify the sub that you're terminating the monitoring contract.  You will leave yourself open to a breach of contract action.  Your sub could contract with another alarm company and seek to recover from you whatever expense the sub had in converting to the new company and the difference in the monitoring charges, assuming the sub is will have to pay more for monitoring.  
    So let's figure out a way to get the sub to want to cancel your service, and your relationship.  You are using the Commercial All in One.  

  • You have the right to increase charges every year by 9%.  Though the sub is obligated to pay that increase you can offer to let the sub off the hook by canceling [which is not a right the sub has].  
  • You can refuse to provide "per call" service.  If your agreement is for monitoring then that's all you need do.  And if you're just doing monitoring I don't know why you need to interact with the subscriber often or at all, and if you do, charge for it.  If you do "per call" service you can charge whatever you want if you let the sub know in advance and get its agreement to proceed and pay.  Otherwise, tell the sub to call someone else.
  • If you are under a repair service obligation and getting RMR for that service, you can increase the charge 9% each year, and you can also charge for non wear and tear repairs, which may very well cover almost all the needed repairs.

    Sounds like you allowed your subscriber to define the relationship, and since the sub is abusive, you don't like it.  Get back in control, straighten the sub out or take the above action so the sub tells you it wants out.  You can then let the sub out or sue the sub for breach when that happens.  Unfortunately there is nothing in the All in One forms that requires the sub to treat you civilly and with respect.
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Video Consult
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    I am using oovoo.com for video consults.  I'm under kenkirschenbaum if you want to add me as a contact.  Probably good idea to call my office ahead and let us know you're going to call us using oovoo.
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