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Question - Original contracts needed?
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Ken
We are purchasing your contract do you feel we need originals signed or can we process off fax or scanned copy?
Thanks
Debbie Leger
Johns Brothers Security
Norfolk, Va
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Answer
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You don't need an original if your practice is to accept a fax, photo copy or digital copy. Just be sure what you retain is an exact duplicate of the original, and you can explain why you don't have original and how you know your copy is an exact copy of original.
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smoke detectors serving as cameras
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Ken
Smoke detector cameras are not legal in New York per the NYS fire code
Mike
CSS
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Question on Cable company improper solicitation
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Ken
We are also seeing the same problem in Colorado with Comcast technicians. Contracted technicians are visiting their customer’s homes and are telling our alarm customers (same people) that their alarm system isn’t even working and that they can put them on line with Comcast for less. Our customers are calling us to find out if this is true that their alarm systems are not functional, which is of course not true.
How do we combat these issues?
Keith
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Answer
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I suggest you send communication to your subscribers warning them of the improper solicitation and assuring them that their systems are working. Being pro active is probably the best course of conduct. If you can get any of your subscribers to sign an affidavit you could go to your state Attorney General and file a complaint of deceptive business practices.
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Question - inexpensive tickler system
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Ken,
I have a question for you: do you know of a good software that will remind you when subscriber's contract will be expiring, or XYZ auto company needs its fire system checked, or fire extinguishers check, etc?
Troy
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Answer
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In Quick Books when you are setting up the customer, you can create a to do task for the specific item (contract expiration, check fire system, etc. There are also third party applications that integrate with Quick Books and offer dispatch, routing, client management contracts, tasks, etc
For more information on enhancing your use of Quick Books for the alarm industry contact Tom Aronica at taronica@skybankfinancial.com or go to www.skybankfinancial.com/kirschenbaum.php
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Subscriber changing terms of contract
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Ken
Regarding subscribers making edits on the contract, the way we handle contracts is that the sales rep signs one line then it’s sent to the client for signing. The contract is not accepted unless signed by an “authorized person” (me). I review it to make sure no edits were done, then sign and return the fully-executed contract to the client. I have on a few occasions had to void the agreement pending collusion on all the terms we need.
Tom B
Washington
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Response
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The extra step of an authorized person approving the contract is fine except that in my experience that step is often over looked. The subscriber never gets a final approved copy of the contract. We are then met with the defense that the contract was not fully executed and cancellable.
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Auto renew and death of subscriber
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Ken
Regarding automatic renewal in Pennsylvania. I read your information on this matter and am confused whether the answer should be yes or no seeing that the subscriber had a 3 day window for cancellation when the contract was signed.
Also, when a spouse passes away will the contract continue to be in force.
Anon
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Answer
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Now I am confused. What does the auto renew provision have to do with the 3 day notice of cancellation when the contract was first signed. They are two separate issues. Your second question is more interesting, especially if I answer a question you didn't specifically ask. First, a contract survives the death of the party signing it unless the contract terms specify otherwise or there is law that cancels out the contract on death. The PERS contracts terminate on death, but other alarm contracts don't. So yes, the alarm contract survives death. Second, does death prohibit the contract from automatically renewing? That's a good question. The answer is it shouldn't. In other words, death does not, as a general rule, end a contract obligation. That's why lots of contracts have language that the contract terms are binding on the party's estate, which it would be without the language. So if the contract has an automatic renewal clause the contract should renew despite death. You are in PA and the auto renewal statute is in the Home Improvement Law https://www.kirschenbaumesq.com/article/title-73-trade-and-commerce-chapter-14b-home-improvement-consumer-protection-act-5177-home-improvement-contracts
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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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WEBINARS
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Topic: Analysis of the Commerical Fire All in One and the Fire Suppression All in One. This will be a comprehensive review and comparison of the Fire Alarm and Fire Suppression contract forms.
When: Thursday, February 27, 2014 at 12 noon to 1 PM EST. This webinar will not be recorded
Register here: https://attendee.gotowebinar.com/register/8188883684086152194
Presenter: Ken Kirschenbaum, Esq.
Who should attend: alarm company owners, office managers and license compliance officers
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Speaking Engagements
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Sonitrol Verified Electronic Security. Annual convention March 22, 2014 at The Worthington Renaissance Fort Worth Hotel in Fort Worth, Texas.
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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 contact Shelly (205) 933-9000 for more info
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