*************
Question
***********
Dear Ken,
We fax or email over 90% of our contracts to our customers, they sign them and fax or email the contract back to us. We have also used these contracts in court several times and the validity has never been questioned.
Do you have any comments regarding this method of getting signatures?--
Stay Safe,
Stuart Rosenberg ME, CET, President
Philadelphia Detection Systems Inc.
*************
Answer
************
Fax copies, photo copies, electronic signatures, all work. You have maybe one or more extra steps to prove the authenticity of the signature, and that's only if it's challenged. Any procedure to get your contracts signed or acknowledged is better than not using contracts at all.
***************
Question
***************
Ken,
In the All in One Contract……what does this mean?
"The undersigned personally guarantees subscriber’s performance of this agreement"
Thanks so much.
Sharon Drury
Prewire of El Paso, Inc.
El Paso, Texas
*************
Answer
*************
The All in One, though designed as a residential contract, can be used for commercial subscribers. If your commercial subscriber is a corporate entity, or LLC, you should try and get a personal guarantee from the entity's owner or officer. Even in a residential setting there may be a reason to ask for a personal guarantee from someone.
*************
Question - looking for a Texas form
***********
Hello Ken,
I am looking for a (certificate of installation) , this is ask by an insurance company.
It is for new alarm system installation to give to the customer insurance company when the insurance company is requesting one from us, for customer deduction on there insurance for there home.
From what i have seen in the pass is most alarm company has just typed up an alarm system installation certificate on paper with a check list of what is installed like burglary full perimeter or partial, 24 hr U.L. central station monitor,robber/police Emergency, Fire /smoke protection and more,
Is there any place who make these certificate of installation and it looks like a pro version as a certificate should. for an alarm company
Thanks,
TEXAS
OCCUPATIONS CODE
CHAPTER 1702
§1702.065. POWERS AND DUTIES RELATING TO
ALARM SYSTEMS INSTALLERS; CERTIFICATES OF
INSTALLATION. (a) The commission may interpret and
issue an opinion resolving a question concerning the eligibility
of an alarm system installation to comply with Article
5.33A, Insurance Code. A commission interpretation or
opinion relating to general conditions or an individual installation
is conclusive.
(b) The commission may authorize an alarm systems
company to issue a certificate of installation showing that
an installation complies with Article 5.33A, Insurance
Code. An inspection otherwise required by the Insurance
Code is not required if a certificate is issued under this
section. The certificate must be furnished to the insurer,
and the insurer shall determine whether the person's
property is in compliance with Article 5.33A, Insurance
Code, taking into consideration the installer's certificate
and information from any other investigation the insurer
determines to be appropriate.
Thank You!
Eric Williamson.
Texas Day Night Security
P.O.Box 663
Athens, TX 75751
**************
Response
**************
Anyone have the form and willing to share it?
*************
Question
*************
Ken
A local builder owes us a five figure amount. He recently gave us a personal check written on his (and his wife’s) personal account. Then, he asked me to hold on to it for a few days. Since that time he has said… “The bank changed its policy on paying business stuff personally”. We have been maintaining a positive stance in the hopes of retaining his business. However, our patience is wearing thin. We know that he has the ability to pay the balance if pressed. Does the fact that we are in possession of the personal check provide us leverage? It would seem that, by giving it to us, it shows a personal promise to pay. Any suggestions as to the wording of a demand to clear this up, or a course of action?
Dan
Virginia
**************
Answer
**************
His remark about his bank is disingenuous; not true. The bank doesn't care who he writes checks out to. You should negotiate the check - which means deposit it in your account. If it does not clear, which means get paid, you will get the check back from your bank. You can then sue whoever is named on the check, the builder and his wife.
Not only is the person who signs a bad check responsible but so is anyone else on the check, in this case his wife. Of course you can also sue the builder or his business entity for the entire amount you are owed, not just he check amount.
***************
Question
***************
Hi Ken
I recently purchased the service contract form from you. I know you've said that all customers should have one even if it's on a pay per call basis. Do you have a sample letter we can send out to our customers stating the purpose for all customers to have a service contract whether it's for free service or not. Thank you very much.
Sharon Scalcione
Night Watch Security
**************
Answer
**************
Over the years I have composed a letter or two, but I don't have any samples. Perhaps others would be willing to share their prose. Otherwise, you can engage my office to assist you. Call our Contract Administrator Eileen Wagda at 516 747 6700 ext 312.
*****************************************************************************