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Waiver of Subrogation question / Vendor agreements
May 1, 2019
Free Webinar - starts today.  Register now
Topic: Negotiating terms in Dealer Agreement with your central station 
When: May 7, 2019
Time: 12 PM to 1 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: dealers and central stations 
Sign up here:
Waiver of Subrogation question – my responses are in bold
            Quick question for you. 
When are you guys going to join our Concierge Program?  Today would be good day!!!!!
As far as waiver of subrogation, it’s a nonnegotiable contract item correct?
We certainly would like to retain the wavier of subrogation clause, but if you are desperate for the job and other provisions in the contract remain, you can give it up.  This might be time to engage me for contract negotiations, if the customer is worth it.
A potential customer called and wants us to take over fire monitoring. Their insurance company doesn’t allow any statements in the agreement regarding waiver of subrogation or listing us as additional insured. So if our monitoring company failed them during the event of any damages or loss, they would want to hold someone liable. 
I find it difficult to believe that the customer’s carrier prohibits waiver of subrogation.  If the customer calls their broker or even carrier they will probably say that, but I doubt the policy reads that way.  Of course the insurance company will look to subrogate, but when they do they will be met with the other "protective provisions" in the contract [which I hope you have updated]
Vendor agreements
            As you know we are seeing more and more of these.  We have had the customer signing your all-in-one as we work with them on many individual projects on their multiple facilities.
            They now are requesting that we sign their agreement that they require every vendor to sign. 
Your thoughts?
            This vendor agreement, like most, requires you to indemnify the General Contracts, property manager and owner.  It also requires you name them as additional insured, which would be smart if you are agreeing to indemnification.  You are also required to waive subrogation for your carrier, which is not big deal since alarm company carriers don’t routinely sue alarm customers.
            You can try and modify the vendor agreement; You can name them certificate holder, but not additional insured.  You can waive subrogation, I don't care about that.  They have to sign your All in One or try and get it attached to their vendor agreement.  If the customer is important enough you may want to bring me on board to help negotiate the contract terms.

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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