KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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where does contract provide for local alarm only
May 31, 2018
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where does contract provide for local alarm only
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Ken,
    I have a contract to install a new security system at a residential property. The customer doesn’t want monitoring.  I am looking at the All in One Residential contract that I have purchased from you to locate the indication of just a local alarm.
    Can you Please help me with this…
Thank you,
Paul G
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Response
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    The Residential All in One has a check box in paragraph 2 for "self monitoring" and has a check box under 3 (h) for self monitoring.  For a truly local system that has no professional monitoring, no self monitoring [which means no signal is sent out upon activation - NO SIGNAL] you would check the box "other" under paragraph 2.  That refers you to the Schedule of Equipment and Services.
    If a local alarm is being installed you would be describing that system in the Schedule of Equipment and Services.  You would make clear that no signal will be sent, to anyone, if the alarm goes off.  Only the local bell or siren will sound and no communication will be sent out.
    Because this system would be unusual, especially in view of the self monitoring options available to subscribers, including no cost Internet access, I would also be sure to require the subscriber to sign the Disclaimer Notice, where you will state that professional monitoring was recommended for proper security or fire protection.  
    The purpose of the Disclaimer Notice is to require subscribes to acknowledge the limits of the system or service.  This should give them pause, and concern, and hopefully they will step up and get more equipment and services,  It is particularly important to note when the subscriber is requiring you to omit equipment or service that would normally be expected, such as some monitoring.  Ask yourself if you think you could be criticized for omitting the equipment or service.  Criticized equates with successfully sued.  If the answer concerns you then be sure to document the issue in the Disclaimer Notice, and on the Schedule of Equipment and Services.  Better safe than sorry.
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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
516 747 6700
www.KirschenbaumEsq.com