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Question - Stop Monitoring
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Ken,
We have a client that we have been monitoring fire alarm for 4 years now. Contract expired in 10-2013. Customer stopped paying as of last week. How long do we have to wait before shutting off monitoring services?
We did send a new contract via email but he is not signing it. We use your standard monitoring contract from 2012 now but this customer has an old contract without any teeth.
To your success, safety and security,
John
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Answer
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The answer has to be found in the contract or AHJ requirements, since this is a fire alarm. If nothing is mentioned in the contract and the AHJ does not require notice of fire alarm termination then you can terminate any time. Though notice may not be required I do recommend it. The notice can be in any written form as long as it can be preserved. Give a precise date and time monitoring will terminate and make sure you stop monitoring at that time. Don't make the mistake of continuing monitoring hoping the sub will come around and pay.
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Question - fire alarm
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Ken
I had an old customer up for renewal with a burglar alarm combined with fire alarm – we monitored his smokes but it isn't an approved system. We are in NYC. Can we just add a clause to the monitoring contract that says “subscriber understands that this is not an approved system and we are monitoring the existing equipment”- can this fly?
Dana
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Answer
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About as well as you can. Why would a fire alarm company approved by NYC FD for monitoring jeopardize that relationship by monitoring a non approved fire alarm? Why would a successful alarm company risk its entire company by monitoring a fire alarm in NYC that isn't approved? Why would a subscriber take the risk? Commercial fire alarms are subject to AHJ permit, inspection and approval. Building occupancy depends on a valid certificate of occupancy.
All you need is a fire, property damage and personal injury with claims far exceeding your insurance coverage. Then we will see how far you can fly with all that crap in your pants.
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another fire alarm contract question
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Ken
If you post this, please keep it anon.
I want to add the following to paragraph 7 regarding term of agreement. Your thoughts?
“During the period of this agreement, or at the end of the term hereof, the parties hereby agree and acknowledge that should the subscriber receive an offer for test and inspect from a third party, Fire Alarm Co retains the right to present a reply offer to the subscriber. The subscriber shall give first consideration to any and each such reply offer, notwithstanding all other offers. The parties expressly further understand and agree this provision in no way encourages or allows subscriber to engage in activity that constitutes a breach of this agreement.”
R
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Answer
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How did you even think of this?
I really like when my clients make changes to the Standard Form Contracts. It makes for such great costly litigation. So let's take a look at these changes.
During the agreement, or at the end, presumably after the contract is over, if the sub gets an offer from another alarm company to perform testing and inspection, you want the right to "reply" to that offer. Reply? and the sub has to give "first consideration"? That's some criteria. And this suffering process has to be for "any and each such reply offer? which sounds like there can be more than one. Finally, this incoherent provision "in no way encourages or allows sub to ..breach .. this contract". Really?
So no, you can't make this change. I know you bought the Commercial Fire All in One - use it as written and do what you do best - design and install fire alarms.
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