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Question - take over system not compliant
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Ken,
We just did a takeover in the Bronx of a burglar alarm system in a dentist office. The office is a store front with apartments above. The system consists of a burglar alarm control panel, related alarm devices and three smoke detectors.
I believe that this is not code compliant to NYC. How do we handle this? Do we take out the smokes? Do we monitor it?
TK
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Answer
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Yesterday I recommended and actually offered to give away free the Disclaimer Notice. That is what should be used here. You would also note the deficiencies in the contract you are having the sub sign, in this case a Monitoring Contract and Service Contract [or the All in One, using only the parts that apply]. The Disclaimer Notice will tell the sub that the system is non compliant and why.
You ask if you should remove the smoke detectors. If the building is commercial then you would need a terminal number from NYC FD. I don't think you can get one unless the system is permitted and compliant. This presents a real dilemma. If you remove the smokes and there is fire, watch out! If you leave the smokes, monitor, and there is fire and someone is injured, watch out!
Prudence dictates that you call in the AHJ, in this case the NYC FD and get them to compel the owner to install the required system, most likely a fire alarm system.
I suspect that the alarm companies that specialize in fire in NYC would walk from this job. Other alarm companies may ignore the issues and provide the monitoring services. Let's hear from the fire guys out there.
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Question - changing property managers
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Ken,
We do a lot of business with Property Managers that sign contracts on behalf of the Owner of specified property(ies). If the Property Manager changes, do we need to engage into negotiations for a new contract or can we enforce the one already in-place? What is the appropriate way to label the signature block in the agreement? i.e. Main Street Property Management on behalf of Green Building Partners.
I appreciate your guidance.
Christine
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Answer
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The property manager is an agent of the owner. That of course needs to be established by the owner, not the agent, but once it is, you can accept the agent's signature on the contract on behalf of the owner. Once signed the owner will be bound even if that agent later changes or loses its authority to act for the owner. You have the "signature" correct. The agent should disclose its agency and the principal on behalf of whom the agent is acting.
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contract questions - obsolescence and useful life
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Ken,
I have a few questions about the equipment service contracts I purchased from you.
1) When you refer to "obsolete components" do you mean parts that are no longer available? If so then if we have to substitute another part would it be covered or can we charge?
2) When you refer to "components exceeding mfrgs useful life" - what exactly does that mean? We tend to not offer service contracts to customers who have really old & outdated systems because we don't want to get stuck making repeated N/C service calls. If a panel or keypad needs to be replaced because it's so old we can't fix it, would that be covered or can we charge for the replacement?
3) Lastly, I think your contracts need to be amended to include co detectors and fire inspections as not being included in contract. There's really no where on the contract to type them in.
Thanks for your help.
Sharon
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Answer
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The Standard Form Contracts deal with obsolete equipment and useful life of equipment. Generally, these conditions are excluded from the all inclusive service contract. Replacement of the part or the entire system if necessary is at the expense of the subscriber. Useful life is often prescribed by the manufacturer. Obsolete equipment is something you can't repair or replace, though you may have to do more than claim that the manufacturer no longer supports repairs for that equipment. With the Internet you can often find obsolete equipment - either parts or replacement, and your subscriber may insist that you try before selling the sub a new alarm system.
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GC wants to be point man on contract signing
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Ken,
I have a general contractor who has contracted me to install a system in a large
renovation. He requires us to contract the install with him. We require your
standard contract for monitoring with the owners along with it. The GC is adamant
he bring the alarm contract, central station agreement and the cancellation notice
to the owner himself. We will fill it out first. The GC has made himself the
gatekeeper so the owner has a single point of contact. There are 10 subs on the
job. Of course we can't answer any questions etc, so its probably going to be a
pain. I have reasonable trust the GC. Is there an issue with this?
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Answer
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Its fine. Maybe if there is loss the sub will only remember the GC. Make sure the contract is properly signed or send the GC back to correct it.
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contract signed by trustee or occupant
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Ken,
I have a residential client whom does not personally own their home. A revocable
trust is the owner of record. For the purposes of discussion, assume they are the
trustees. I was not officially informed this, I just came across this fact on my
own (so I don't know if I even want to mention it.). Should the contract be with
the trust and the trustees sign as such?
They would be the personal guarantors.
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Answer
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It's the Trust that's confusing you. Treat the trust like any other non person entity. So you have an entity [the Trust} who owns the property and you have some individuals who will live in the residence. It's the individuals who called you in, who want the alarm service and with whom you can go to contract. Same as if a tenant in a single family residence called you in and wanted alarm services. In fact you want the "end user" to sign the contract.
If you're concerned that the "end user" tenant or occupant is not credit worthy and you prefer to contract with the owner of the property then you can have the Trust sign the contract [if its willing to]. The Trust is signed by the Trustee.
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