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Validity of contract copies
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Ken,
I have often read that digital and faxed agreements are legal and ok to use, so long as they are legible and that all pages are signed by the customer. Over the last 18 months, we have begun using faxed and emailed copies which has not been an issue, but recently brought up some thoughts.
My question comes down to the formatting of those agreements. If an agreement that is sent to a customer as a “Legal sized” document is printed by the customer on 8.5x11 paper and returned, the formatting process in that change automatically means that the fonts and spacing have changed in the agreement.
What does this mean for the validity of the contract if it is ever challenged? Would a digital outgoing email serve as proof that the customer received the correct agreement, or would we need our copy to be digitally returned in the same way it was sent?
Eric Widner
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Answer
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If the original is the legal type size and font it doesn't matter that the copy is reduced after it has been signed. Look into digital contracts. You can find companies that support that in The Alarm Exchange.
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failed license test
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Ken,
Your forum is a wealth of knowledge many thanks!!! I recently met a company in another low voltage industry that has entered the security industry of installing, servicing and monitoring. The individuals completed the NYS Alarm qualifying courses, but failed the state exam... What are the penalties operating without a NYS Lic and what liability have they opened their company or themselves personally to in the event a subscribers system fails or the subscribers underwriter looks to pass blame after an event....
All the Best!
Jason Dubur
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Answer
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License violators face penalties as prescribed in the licensing law. In NY that could mean civil fines and criminal prosecution. Operating without a license will not look very good if you have to defense a lawsuit. Chances are that if you're not licensed you're also doing other things you shouldn't be doing. An unlicensed contractor cannot sue to collect money owed to it.
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police teaching alarm use
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Ken,
Subject: City's paying to teach our clients how to use an alarm.
The City of Tucson is cutting City jobs, Tucson is over 20% short on Police Officers and looking for ways to cut spending. Tucson's Police Department continues to offer free alarm classes to teach citizens how to use an alarm.
Should it not be the vendor's responsibility to teach the purchaser how to use the product? This is a huge waist of taxpayer money and Officer's time, two of which the City of Tucson is very short on.
I have pleaded with the City to stop these classes. The Council and Mayor have refused to address the issue. Police Officers, who know very little about alarms, continue to be the instructors teaching these classes. Who does this benefit?
http://police.tucsonaz.gov/police/alarm-class-registration?
Roger
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Response
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False alarms are a serious problem for law enforcement and end user error is the largest cause of false alarms. Of course alarm installers should explain to the subscriber how to use the alarm system. It will be interesting to learn whether the courses are worthwhile for the police and end users.
WEBINAR ANNOUNCEMENT
Register here: https://attendee.gotowebinar.com/register/6433874012527407617
Topic: Review of recent updates to the All in One alarm contracts
When: June 10, 2014 12 noon EST [30 to 45 minute presentation]
Presented by: Ken Kirschenbaum, Esq.
Who should attend: Alarm Company owners and those responsible for contracts.
Description: The All in One contract forms which were introduced in 2013 have undergone changes. The specific changes and reason for the changes will be discussed, questions and comments addressed. The forms include the Residential All in One, Commercial All in One and the Commercial Fire All in One. Those companies who are using the All in One alarm contracts and those considering using these forms should attend.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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Speaking Engagements
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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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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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