Next Webinar: this Thrusday
Topic: Analysis of the Residential All in One and the Commercial All in One security contracts. This will be a comprehensive review and comparison of the Residential and Commercial contract forms.
When: February 20, 2014 at 12 noon to 1 PM EST. This webinar will not be recorded
Register here: https://attendee.gotowebinar.com/register/8748425151461332994
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comments on DYI systems from Feb 1, 2014
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Ken
Something has to be done about these do it yourself systems. Sometimes I ask myself why am I even licensed? How do these companies selling the do it yourself get away with not having to have a security license?? Our industry needs to do something or there won;t be anything, for those of us who take pride in our work, for us to do. So my question is what can we do to stop this. As one of your other readers stated the false alarm rate is going to go through the roof with these type of systems. How can insurance companies give a discount to a do it yourself system that has the motion sensors mounted with velcro. So many things to think about
Steve McDaniel
MCD Security
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Response
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Carpenters probably made a stink when Home Depot starting selling hammers to home owners. DYI are here to stay, though the industry may be able to get legislation prohibiting central stations from monitoring DIY systems unless professionally installed. But that's not likely either because some alarm dealers are finding it very attractive to sell DYI systems and pick up the monitoring. With wireless systems taking over the market it's clear that DYI is becoming easier and less costly. The professional alarm industry is going to have to evolve to accommodate this new technology.
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Question - liability for permits and inspections from January 29, 2014
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Ken
To expand upon the question about liability where permits and inspections are required - what about when customers refuse to let us schedule fire inspections because they don't want to pay for them. If we notify the fire marshal we could lose the account.
Sharon Scalcione
Night Watch Security, Inc.
Hauppauge, NY
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Response
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The Standard Fire All in One, which covers inspection service, provides that alarm company will give 3 days notice and it's subscribers responsibility to accommodate or arrange a new date; additional cost is on the subscriber. You aren't going to be responsible if your subscriber doesn't permit you to perform your inspection, but you will need to demonstrate some persistence in trying to arrange the inspection and document your efforts and notice to the subscriber of its failure to cooperate. In some - in fact most - you may have to contact the AHJ to advise that inspection was not permitted. Your notice to the subscriber can become increasingly menacing by pointing out the civil and potential criminal exposure the subscriber is facing by not complying with fire alarm inspection and service requirements. Worded properly it should be enough to make the most recalcitrant subscriber comply.
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follow up on collection agencies
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comment
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Ken
I have used collection agencies in the past on smaller amounts and have gotten better results by using a lawyers letter, which is inexpensive. Customers usually hate the tactics the collection agencies use and you may collect the debt but lose the customer. Who has now learned their lesson that will benefit another alarm company.
The main purpose of using an attorney who is knowledgeable about Alarm Company is not only to show your customer you are serious about collecting the debt but also to try to help you save the customer and the contract.
I have used Ken Kirschenbaum's firm for many years and he has a team of lawyers who know how not only how to collect but also how to negotiate and help you win back your customer, which is priceless.
Regards,
Bob Williams
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Response
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thanks. You can read about our collection dept at https://www.kirschenbaumesq.com/page/collections
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Question - depositing check that's marked paid in full when it's not
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Ken,
Is there any negative consequence in my depositing a check from a customer who has marked in the memo area "Final Payment" when they still owe over $600?
Lenny
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Answer
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If the amount owed is agreed upon then depositing a check that has a notation paid in full will not likely preclude you from collecting the balance, legally, but it could have sufficient other reasons that should deter you. If the payment is most of what's owed then you lose the incentive to go after the rest. Additionally, if you do go after the balance you will be met with claims that you accepted the check in full payment, and that claim may be bolstered by testimony that you agreed to accept the check in conversation or that debt was disputed, rather than agreed upon, and your acceptance was in full.
If the notation is on the back of the check you can cross it out. You're not supposed to be able to make cross outs on the front of a check, though I don't know how stricked banks are with enforcement. I guess if want to take the check and are concerned with going after the balance you could take a change and cross out the paid in full memo, or even add to it, paid in full after another payment of xxx dollars.
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comment on late fees
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Ken,
I enjoy reading your daily newsletter.
In response to the person who wrote about a customer that was consistently late.... Our company requires payment in advance. It is in our contract with the customer. We have one large commercial customer that, despite signing our contract, pays net 45 days AFTER the service has been rendered making the payment 75 days late. Late fees, did not work. Our solution? We raised the monitoring fee 20%. Problem solved. We receive a good return for the delay.
anon
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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WEBINARS
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Topic: Analysis of the Residential All in One and the Commercial All in One security contracts. This will be a comprehensive review and comparison of the Residential and Commercial contract forms.
When: February 20, 2014 at 12 noon to 1 PM EST. This webinar will not be recorded
Register here: https://attendee.gotowebinar.com/register/8748425151461332994
Presenter: Ken Kirschenbaum, Esq.
Who should attend: alarm company owners, office managers and license compliance officers
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Topic: Analysis of the Commerical Fire All in One and the Fire Suppression All in One. This will be a comprehensive review and comparison of the Fire Alarm and Fire Suppression contract forms.
When: Thursday, February 27, 2014 at 12 noon to 1 PM EST. This webinar will not be recorded
Register here: https://attendee.gotowebinar.com/register/8188883684086152194
Presenter: Ken Kirschenbaum, Esq.
Who should attend: alarm company owners, office managers and license compliance officers
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