KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** CA contracts updated for cancellation notice / Electronic contract services December 15, 2020 ************************* CA contracts updated for cancellation notice ************************* We have updated the residential contracts for California to add the 5 day senior citizen [over 65] notice of cancellation. The law is effective: January 1, 2021 and requires this notice: “(A) For a buyer who is a senior citizen: “You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (B) For all other buyers: “You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” Be sure to update your contracts before end of this year. Go to www.alarmcontracts.com and order today. For assistance, contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312 or EWagda@Kirschenbaumesq.com ********************** Electronic contract services ********************** Ken, If I use pdf's we've created along with your electronic docs agreement, why do I need to pay for services like Docusign? We've been sending the documents to clients and they sign and email them back. Anonymous ********************** Response ********************** The services that offer electronic contracts do make it easier to execute the document, provide delivery of signed documents and offer storage of the documents. It may make proving execution of the document easier. But using a service is not necessary. In fact I think google has a free way to do it. There is really nothing magical about electronic contracts or executing an electronic contract. What is important is establishing that an agreement has been reached and that there is a manifestation of that agreement acknowledged by the parties. The simplest example may be you send an email with the agreement on it. The other party replies consenting to the terms and the deal; you’ve got an electronic contract. But you need to be careful because there are many other considerations, such as whether your contract terms are required to be presented in a particular way, whether there needs to be cancellation notices, whether the other party is required to get a copy of the fully executed contract, and more. If you attach a document and you get a reply without the attachment you may not be able to establish that what you are presenting in court is actually what was attached to the email that was approved. Think of why you are getting a contract signed. * you want to make sure you get the bargain you negotiated; i.e. you want to get paid * you want to be able to rely on the contract terms if you get sued * you want an insurance company to be willing to insure you for E&O coverage * you want a central station to be willing to monitor your subscribers * you want another dealer to be willing to buy your contracted accounts Your contracts are the most valuable part of your business and you would be foolish to skimp on your contracts or be remiss in getting them properly executed by your customers. ******************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
