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subscriber changes to contract November 6, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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subscriber changes to contract
November 6, 2017
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subscriber changes to contract
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Ken,
    I have a commercial customer that we are doing multiple large buildings for that has too many questions on the All in One for me to answer.  We used the Standard Commercial Security Equipment Sales/Monitoring/Service Contract.  He has paid in full for the first building that has been done, and now wants to start the second building.  He does not want to sign the contract the way it is written, as he feels that it is not fair and only would benefit me.
    He gave the contract to his wife to review, who is a retired contract attorney that had twenty attorneys working under her.  He said that she laughed when see looked at the agreement and told him not to sign it the way it is written.  He met with us today and had multiple areas marked out, too many for me to be able to agree to without your input.
    We agreed in today's meeting to let his attorney (not his wife) look it over and then give you a call with questions that he has.  Wwe can have him ask you the questions that he has and why they are refusing to sign certain sections.  Would it be okay for his local attorney to call you?
    Thank you in advance,
Troy 
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Response
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    The changes requested by this subscriber are untenable and unacceptable.  Deleting every protective provision is simply too risky.  I negotiate with subscribers and their attorneys all the time.  If they are amenable to being reasonable and not expect the alarm company to be an insurer, we can usually work out the issues.  Subscribers and their attorneys usually object to contract provisions because they don't appreciate the risks that alarm companies are concerned with.  Once explained, every reasonable subscriber and attorney agree that alarm companies are not a substitute for the subscriber's insurance company.
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another subscriber challenge
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Ken,
I have a client who wishes to remove/amend some items from the standard installation contract I purchased from you. How much would it cost for you to advise me on these changes and if it is a detriment or not?  I want to cover my ass.
JR
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Response
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    This subscriber marked up the contract and deleted most, not all, of the protective provisions.  One objection was to the limitation of liability clause.  The subscriber didn't want it to apply if there was negligence.  This alarm client asked what I would charge to review the changes and I told him $125.  He decided tell the subscriber that he needed to accept the contract, "as is".  I wished him luck.  Two days later I got this from the alarm client:
    "So!!! I stuck to my guns...and WON! My contract stays as-is with no revisions and deletions. I now get a large subscriber as a customer and will be installing the Fire, Burglary Alarm and Surveillance System for their new store in  NY.   The Subscriber's exact words,  "WOW! Your contracts are definitely one sided to protect your business."   Thank you!!!    Your contracts are rock solid and bulletproof."
    I always appreciate hearing from a satisfied client.  Thanks
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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