QUESTION:
Ken
I have a few general question;
I have worked in the industry for approx 18 years. My boss has been sending
me the information in regards to the ADT case.
1. Why is it always the burden of the alarm company when it comes to
contracts.
If a subscriber refuses to sign a contract, never sends back a signed
renewal contract or the original paperwork but continues to pay the
monitoring bill what would happen should the subscriber had a loss.
My second question has to do with setting an alarm panel back to the
factory default if a subscriber has to decided to contract with another
company.
2. I am correct to say the existing company should reprogram the whole
panel back to factory default including all point assignments, point index
codes, schedules etc. Is the existing alarm company liable if they leave
programming information in a subscribers panel?
Thank you
Lillian Murphy
CSS
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ANSWER:
It's not always the alarm company's burden to prove the contract. The party
who wants to rely on the contract needs to establish that one exists. It's
usually the alarm company that has that burden in litigation.
There are times when a written contract will be enforced even if not
signed. The facts would have to be established that the parties intended
that contract and all of its terms to be their agreement, that they either
intended to sign or thought they did, and that the parties performed as if
they had signed. It's not an easy burden to overcome and it just makes
sense that you would take all necessary steps to make sure that your
written contract was in fact signed by the subscriber.
Regarding those contracts that state that the contract is not valid unless
signed by an officer of the alarm company, I removed those provisions long
ago. Too many times the alarm company doesn't have the proper officer sign
the contract. This was precisely one of the problems in the ADT case. So if
you have a judge who really wants to rule in favor of the subscriber you
are giving him the hook he needs to justify his ruling.
Regarding your second question, my contracts provide that the codes are
always owned by the alarm company and only on completion of the contract
will the alarm company either provide the code or default the panel to the
manufacturer's code. Unless you have a statute in your jurisdiction to the
contrary, your contract will govern this issue. You can also read several
articles on this topic on my web site on the Articles Page.
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Here are some answers to the NJ license issue:
Ken,
This is in response to your forwarded question about New Jersey Licensing.
The Fire Alarm, Burglar Alarm and Locksmith Advisory Committee in NJ issues
licenses to persons installing, servicing and selling burglar & fire
alarms, locksmith work and electronic security systems. As defined in the
regulations:
NJ ADC 13:31A-1.2 Definitions
"Electronic security system" means a security system comprised of an
interconnected series of devices or components, including systems with
audio and video signals or other electronic systems, which emits or
transmits an audible, visual or electronic signal warning of intrusion and
provides notification of authorized entry or exit, which is designed to
discourage crime. "Electronic security systems" include access control
systems, CCTV systems, intercom systems and other electronic monitoring
devices.
Regardless of the main activity of a contractor, any work with these
systems falls with the regulated profession and requires a license. As in
the example provided, a door strike, magnetic lock, a door phone, door
access controls and CCTV system are all clearly regulated by the committee
and require a license.
Your readers should also be aware that the installation of
telecommunications systems (telephone wiring) and network communications
systems (such as communicate via IP) wiring of any type are regulated by
the Board of Examiners of Electrical Contractors.
I direct you to the following State of NJ website for further information:
http://www.nj.gov/lps/ca/nonmedical/electrical.htm
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You can check the statutory reference at NJSA 45:5A-23 et seq but the scope
of the work that the inquirer describes does not seem to fall into the
category of fire and burglar alarm work.
The New Jersey Lawyers diary lists the director of the Advisory panel as
Barbara Cook at 973-273-6245. Once you contact that office you can find out
who the Deputy Attorney General is that serves as board counsel and ask you
question directly.
The last DAG listed is Joseph D'Onofrio at 973-648-7266 but my recollection
is that he may no longer be their counsel.
Good luck.
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You will need NJ burglar alarm license in order to do cameras for sure, and
I am pretty sure you have to have burglar license also to do door access,
and of course, if you install locks you need lock smith license, which is a
separate license or have lock smith install the lock for you
You can call State of NJ licensing division in Newark NJ and specifically
speaking with Mr Deluka (I think that's the spelling), but before you do it
and upset authorities with lots of questions please read NJ burglar license
law which quite long but it will answer all your questions.
This website is your starting point, but I don't remember the link so do
some searching and you will find it here http://www.state.nj.us/
Raf