What does Service Plan cover / Who pays for 3G upgrade / Register for Webinars now February 10, 2022

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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What does Service Plan cover / Who pays for 3G upgrade / Register for Webinars now
February 10, 2022

Webinars:
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Webinar Title: what's new in the 2022 updated contracts
When:  February 15, 2022, at 12:00PM Eastern time
Topic Details: most important updates in the 2022 contracts
Presented by: Ken Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum
Who should attend: Company owners, CEOs, Managers, sales personnel
Register here:   https://attendee.gotowebinar.com/register/1716607451924079886
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Webinar Title: why use Disclaimer Notice and join Concierge Program
When:  February 16, 2022, at 12:00PM Eastern time
Topic Details: when, how and why to use Disclaimer Notice / why you should join Concierge Program
Presented by: Ken Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum
Who should attend: Company owners, CEOs, Managers, sales personnel
Register here: https://attendee.gotowebinar.com/register/7741884992648350732

Webinar Title: common legal issues in buy-sell deals
When:  February 22, 2022, at 12:00PM Eastern time
Topic Details: common issues to consider in smaller buy-sell transactions
Presented by: Jesse Kirschenbaum, Esq.     Kirschenbaum & Kirschenbaum
Who should attend: Company owners, CEOs, CFOs
Register here: https://attendee.gotowebinar.com/register/1255265567049106699
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Webinar Title: issues buying or selling alarm company and broker's roll
When: February 24, 2022, at 12:00 PM Eastern time
Topic Details: How to prepare for negotiations and what to expect
Presented by: Ron Davis and Kelly Bond of Davis Mergers & Acquisitions Group
Who should attend: Company owners, CEOs, CFOs
Register here:  https://attendee.gotowebinar.com/register/2395407448165624590
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What does Service Plan cover
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Ken
          Regarding the Repair Service option in the All In One Residential Agreement, what exactly is covered in this service? I have a customer that needs all of her contacts replaced and she feels this should be covered in this service.  Is contacts replacement for wear and tear? The contacts are old.
          I told her this, and she wants to know what exactly this service provides and to be honest, I am not sure.
   Thank you for any help you can provide.
Denise
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Response
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          The repair service plan in the Standard Form Agreements covers ordinary wear and tear, though end of life and obsolete equipment is not covered.  You apparently think the contacts need replacement.  That assessment may have been made before you decided that the service plan may cover the replacement.  It’s odd that all contacts need replacement.  They don’t “need” replacement unless they no longer work, and it’s really too much of a coincidence that all failed at the same time without some intervening factor, which would not be ordinary wear and tear.
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Who pays for 3G upgrade
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Ken,
          Cell carriers announced the sun-setting of networks that impact alarm systems, alarm companies have been scrambling to get equipment switched out and cover costs.
          An article in LA Times on Feb 3, 2022 reviews the sun-set rules and at the end of the article it says “it’s the alarm company’s responsibility to pay for these upgrades”.
          Your thoughts on the legality of forcing alarm companies to eat the entire costs here?
          Much appreciated,
Dan

Response

          There are more several provisions in the Standard Form Agreements that make clear that the subscriber needs to pay for the 3G upgrade.  Of course that’s in a territory that recognizes the law of contracts.  Maybe there’s an executive order from the Governor of CA with that edict, but I doubt it.  I’m going to stick with my first answer, and that’s found in the Standard Form Agreements:  the subscriber needs to pay for the upgrade.
          You may be using a contract that isn’t that clear or perhaps no contract at all.  You may also decide that a customer is valuable enough for you to absorb the cost of the upgrade.  But I am not aware of any law that requires alarm companies to provide the upgrade free, and I don’t get legal advice from the LA Times [or NY Times either].

To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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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