KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Terminating access control and video for non-payment / GA false alarm legislation comment / Zwirn webinar announcement – register today
April 13, 2021
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Webinar Announcement
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Title: Product deficiencies in Konnected products
Topic:  Products will be reviewed by renowned security alarm expert
When:  April 20, 2021  12 PM ET   12 to 1 PM
Presented by:  Jeffrey Zwirn, CPP, CFPS, CFE, SET, FASI&T, CHPA-IV, MBAT, NFPA 3000(PS), President of IDS Research & Development, Incorporated
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  alarm company owners and technicians
Register Here:  https://attendee.gotowebinar.com/register/7769874154141564686  *******************
Terminating access control and video for non-payment
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Ken
            We have a customer under a KK agreement for video and access control systems in several multi-family buildings. They were a poor payor so we agreed to invoice annually; they are still behind. 
            Do we have a right to terminate services? If we terminate service residents will need to use their mobile app for access rather than the physical device at the building.   
            The video hosting is a no brainer; we will terminate it, but the access control termination concerns us.
Thanks.
Alan
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Response
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            I see your dilemma, but you shouldn’t be in a position of providing service without getting paid.  Your customer is a habitual bad payor and has now pushed you to the limits of your level of comfort or tolerance; you are calling the contract into default.  That will trigger a punch of contract rights you can rely on, and one of them is terminating service.  If you want to show your concern for the occupants who you believe are caught in the middle you can notify them that access control and video devices are going to be terminated and that they need to make alternate arrangements.
            Or, you can send the contract to K&K for collection before you terminate.
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GA false alarm legislation comment on article from March 31, 2021
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Ken
          I totally agree with your comments.  The Georgia law that is being sought by GELSSA (Georgia Electronic Life Safety Systems association)----here is a law that's full of common sense.  Example:... just because we buy a car from dealership---and if the buyer chooses to speed and get caught---you would not expect the dealership to pay for his  bad  actions.
            Sometimes it takes laws like this to keep our cities and counties  within their boundaries. Thank you for your comments
Name withheld
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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
www.KirschenbaumEsq.com