KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Commercial Fire All in One communication device and other provisions / Need Classes for NYS Alarm license? - classes starting in May
April 15, 2017
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Next webinar April 18, 2017: See below for details.
Title: All You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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Commercial Fire All in One communication device and other provisions
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Ken
I recently purchased the Commercial Fire All in One alarm contract. In the first section there is a reference to $1,800.00. What is the significance of this please? Also, how to I cross out sections? Is there a recommended procedure? For instance, if I do not have UL listed installations.
I appreciate your input.
Rich B
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Response
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This is the provision you are asking about from the Fire All in One:
? Check if Communication System, consisting of software, radio, cellular or communication connective devices, remains the property of ALARM COMPANY. The agreed value of the Communication System is $1800.00.
This is actually a carry over provision from our earlier versions of this agreement. Some dealers wanted to make it clear that they owned the communication device [whether software, transmitter, radio] and had the right to remove or reprogram that device to change or terminate communication. The Agreement also provides that if the subscriber breaches the agreement by failure to continue making the RMR payments for the duration of the agreement [10 years] the dealer has the right to either remove the communication device or deem it sold to the subscriber for the "agreed value".
The provision has less significance since we updated the Fire All in One [ as well as the Residential All in One and the Commercial Security All in One] to provide that the dealer retained all ownership and rights to the programming as its Intellectual Property. Since many panels include the communication software the subscriber would be locked out and not entitled to the codes for program changes. This, we believed, was a sufficient deterrent to a take over by a competitor. The use of the agreed value for the communication system is optional and you can ignore it by not checking the box or you can remove it entilrely [also remove reference to it in the Legal Paragraph].
Regarding the option to include UL certificate you can leave it and simply draw a line through that paragraph or indicate N/A by that provision. You can remove it from your form but keep in mind that you have offered the subscriber more, better, additional equipment and services, which was declined. That is acknowledged in the Disclaimer Notice as well as noted in the Agreement. Leaving provisions in that the subscriber is not getting is the better practice.
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Need NYS Alarm license? - classes starting in May
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New York State APPROVED 81-Hour Alarm License Course. MAY - JUNE 2017. - New York City / Long Island REGISTER HERE: http://www.mbfaa.com/event-2456221
Upcoming ALARM LICENSE CLASS information.
TELL YOUR SUBCONTRACTORS AND BUSINESS PARTNERS TO GET THEIR LICENSE! NOW!
New York State APPROVED 81-Hour Alarm License Course. MAY - JUNE 2017. - New York City / Long Island
Metropolitan Burglar and Fire Alarm Association of New York, Inc.
Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems
New York State Approved
81-hour Alarm License Course
MAY - JUNE 2017
Saturday, May 13 - Sunday, May 14
Saturday, May 20 - Sunday May 21
Saturday, June 3 - Sunday June 4
Saturday, June 10 - Sunday, June 11
Classes start at 8:00 AM SHARP!
Classes end at +/- 6:00 PM
YOU MUST ATTEND ALL DAYS AND DATES
To Register call 718-894-6712 or email mbfaa.ny@gmail.com or
Register Here: http://www.mbfaa.com/event-2456221
More information and online registration: New York State APPROVED 81-Hour Alarm License Course. MAY - JUNE 2017.
EVEN IF YOU HAVE A LICENSE NEW YORK STATE PROPOSED CHANGES TO ALARM LICENSE LAW MAY REQUIRE 1099 SUBCONTRACTORS - NON W-2 EMPLOYEES - CABLING COMPANIES - NETWORKING COMPANIES TO HAVE THEIR OWN ALARM LICENSE. TELL YOUR SUBCONTRACTORS AND BUSINESS PARTNERS TO GET THEIR LICENSE! NOW!
Best regards,
Alan Glasser, Executive Director
Metropolitan Burglar and Fire Alarm Association of New York, Inc.
PO Box 40054, Brooklyn, NY 11204-0054
Phone: 718-894-6712
Fax: 718-228-7940
mbfaa.ny@gmail.com
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WEBINARS: Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues.
Register for one or all. Each presentation scheduled for half hour to hour. Not recorded.
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Title: All You Need To Know About Alarm dealer program contracts - getting in and getting out
When: April 18, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of.
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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Title: All You Need to know about Internet security and why is it relevant for the alarm industry
When: April 25, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices. Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices.
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry. Rohit Somani rohit.somani@securifi.com 855 969 7328
Register here: https://attendee.gotowebinar.com/register/6899604070803705091
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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
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