Subscriber Wants Local Alarm Only - No Monitoring - Potential Liability

 February 2, 2013


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 Question

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Ken,

I had received a call today from an older lady who had an alarm panel installed in her house around 15 years ago.  The panel needs to be replaced, which is no problem. My main concern is that she currently has no central station monitoring and claims she does not want central station monitoring after the new system is installed.  Should I have her sign some type of waiver acknowledging that if the alarm trips then it is her responsibility to contact the proper authorities?  I am just concerned about any liability on my end.  

Thank you. 

Adam N. Koral

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Answer

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You are right to be concerned.  Not only for the subscriber, but yourself.  Subscribers have a way of conveniently forgetting what they asked for, were told, expected.  That's why the contract is so important; it memorializes the understanding, the deal.  I've found that the contract isn't enough though.  That's why I designed and offer the Disclaimer Notice.  

If you're going to install new equipment in this lady's house then you're going to use the Standard Sales Contract.  It does not provide for monitoring.  You will note on the schedule of equipment and services that no monitoring is intended.

Then as you should with every job you will get the Disclaimer Notice signed.  In your case you will write on the Disclaimer Notice form that no monitoring is provided, that you recommended monitoring and subscriber declined.  Declined not only the monitoring but all of the additional equipment and services specified on the Disclaimer Notice.  

Why two forms?  The contract should be enough, but too many subscribers claim too many reasons why they shouldn't be bound by the contract terms.  I won't get into all the reasons here, suffice it to say, there are many reasons ranging from outright fraud, misrepresentation, duress, unconscionable, etc.  The Disclaimer Notice, which is not a contract, addresses the limitations of the alarm system and services and discloses all kinds of additional equipment and services that are available from the alarm company or someone else, and the subscriber acknowledges that these additional items are declined.

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