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QUESTION:  DEFAULTING SUBSCRIBER WITH STORY
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Ken
    I have a client ( a doctors office) that renewed his contract in January 2014 for 5 years. I use your contracts. This was the All in One. About 2 weeks ago the office manager calls me and reports a fault in his system and no one will be around to let me in to address the issue until Monday 11/30. Come Monday I am calling him, the office the client and all I am getting is voice mail, left messages. I finally got a hold of the office manager the next day on Tuesday and he was let go and no longer working there. He also mention the client changed the alarm system that week. I met with client yesterday and he said his system hasn't worked in months and his office manger kept telling him I was delaying service to the system. Which is a lie. The client told me he had no way of knowing this and didn't know how to reach me. He gets my invoices every quarter and my number, fax etc.. is on the panel. Now he has 3 years left and of course will not pay. Where do I stand? Is there anything you can do? I looked at the keypad to try to determine who is new company, but it was plain, no name. 
Sal
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RESPONSE
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    This scenario presents an excellent reason for documenting your repair service schedule.  It's easy enough to do with email.  You can also use text message but you'd have to save the message.
    This subscriber obviously had a bread down in communication with the lax office manager.  But that's his problem.  The All in One has sufficient provisions to enable you to enforce the agreement.  And it will be easy since the agreement contains an arbitration provisions which my office will assist with.  We are able to bring the arbitration and if you're outside of NY or NJ you can use local counsel to confirm the arbitration award.  The arbitration will likely be handled by phone or video conference and can be concluded quickly compared to a traditional lawsuit.  For assistance contact our collection department by calling Jesse Kirschenbaum,Esq at 516 747 6700 ext 307 or Gene Rosen,Esq at 516 747 6700 ext 303.  You can get our "Commence Litigation Form" from our head paralegal, Maria Contreras  at 516 747 6700 ext 320 or mcontreras@kirschenbaumesq.com.
    You will be able to claim 80% of the balance of the RMR, your legal fees, costs and disbursements.
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QUESTION:  ANY PROTECTION FOR GROSS NEGLIGENCE
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Ken
    A year ago. We recently read an article where: The court found that the language for limitations on liability was sufficient under normal negligent acts however ADT in this instance was found to be gross-negligent and the Subrogation matter was allowed.
    Question: is there a way to protect our firm from the varying degrees of negligence? it seems our contract protects us against negligence however what about if we are found by a court to be "grossly negligent?"
thank you
GF
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Response
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    In almost all jurisdictions the limitation of liability provision will not be enforced if there is a finding of gross negligence.  Gross negligence is usually defined as willful or reckless conduct.  There are protective provisions that you can have in your agreement, and which are included in the Standard All in One Agreements.  In some jurisdictions the Waiver of Subrogation provision and an indemnity provision will enhance  enforced even if there is gross negligence.  An insurance procurement provision will also be enforced when there is gross negligence.
    Use the All in One forms and you'll have the contractual protection you need to defend your company and enhance your business equity.
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