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Unsigned agreement enforceable
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Ken,
    We have a contract with sub.  We signed their contract, not yours.  We signed a Master Agreement and then for each site they give us an addendum to the agreement.  For the addendum, it has a place for me to sign as well as someone from the sub.
    As part of the addendum, they assign a PO number and list it on the addendum.  They are telling me that since they issue a PO and I signed the contract,  that it is valid even without their signature.  I think I read somewhere that if we do not make any changes to their contract and sign and send back that it is valid.     Is this correct?
Robert
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Answer
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    I think the question is, is an unsigned agreement enforceable?  The answer is sometimes; it depends on the circumstances of the transaction.  If a written agreement is presented and both sides perform in accordance with the contract then it's a good gamble that the agreement will be held enforceable, all other issues considered [which means it will be as enforceable, or not, as the document would be if fully executed].  
    The "master" agreement can also address future change orders, requring that they be signed or deeming them sufficient if issued by the sub on a particular form.  
    If the sub sends you a contract to sign, and you sign and return it, and both sides begin performance, the contract will be enforceable against the subscriber who hasn't yet signed it.  If you sign and return the contract and the sub advises you that it isn't giving you the contract before you start performance then the contract is not going to be enforceable against the sub.
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police training subs from June 19, 2014 article
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Ken
    With regards to police training alarm users........If the companies selling their products and services to the public don't do their job of servicing or educating the customer on proper usage, a competitor or the local police will do it for you.
    I have found that mass marketers with free systems to be the biggest offenders. The emphasis is on getting in and out ASAP, any extra time spent training is time lost from installing an additional system.
John W. Yusza, Jr
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copy size of contract
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Ken
    I know that nobody thanks you for all of your wisdom so I am going to do so. 
    My question goes along  with Eric Wilder. We use your contracts and they are the legal size as you know. If we e-mail or fax them out and the customer goes to print it and they show up on 8 x 11 paper of course the type font is possibly going to be small plus the length of the paper will be smaller. So how will that effect it from a legal stand point? Plus it would be need to be printed on both sides, which then entail many of pages to be printed and then you go the customer upset because not only does he need to sign it and send back for us to sign then we get to resend it back and again now he reprints it again.
Norm
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Response
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    I think your responsibility is to have a form agreement that complies with consumer law in terms of font, placement and size.  Once you fax it or email it I don't believe you are responsible for what it looks like on the receiving end.  
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                   TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

 

                                                         Speaking Engagements

 

Quick Response Dealer and Integrator Information and Technical Conference.   July 15 -16,  2014 at  Holiday Inn - Independence Ohio.  All alarm dealers are invited.   For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY.  This is the NYS Electronic Security Assoc annual meeting.  Presentation on updated contracts and current legal issues will be at 10:30 AM.  For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301  dalereller@itzsolutions.com
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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Electronic Security Summit for 2014.  October 22-24, 2014  at the landmark Broadmoor Hotel. Colorado Springs, CO.  For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC.,  (786) 999-9738    alex.quirin@aspsummits.com    www.aspsummits.com

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