see below for The Alarm Exchange
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Question on giving up lock out code and potential liability
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Hi Ken.
Based on your contract terms, once the customer has completed their initial contract term, they may ask to have the lockout code defaulted or removed at no charge. My question is, would it be safer for the dealer to also default all panel programming at that time and receive a signed statement from the customer that this was done? That way if the new dealer makes errors in programming the panel resulting in a loss we may have some protection since we left the panel as it was when new, just out of the box. Any errors in programming would have to be on their part. Of course, this leaves the customer's system unusable until it is reprogrammed by someone else. What do you think?
Lenny
5 Star
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Answer
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Interesting question. I think the answer lies in the fact that the lock out code isn't going to be delivered in a vacuum. There is going to be some written request that the code be provided, defaulted or changed. There would normally be an exchange of correspondence [email or fax] or a signed work order or service ticket that the code was provided. Program changes thereafter would not be the responsibility of the alarm company. Can and should the code disclosure be memorialized in a writing, and can that writing have liability disclaimer language? The answer is yes. I haven't prepared any standardize form as yet. I'll be happy to review any language anyone comes up with.
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comment on canceling fire alarm monitoring
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Ken- a couple of comments and thoughts on the "canceling fire alarm monitoring" question- [from August 11, 2012 article]
No doubt, if a customer doesn't pay for monitoring of a life safety system they can be canceled, but since it is a life safety system I would suggest a bit more caution in canceling than for just a B/A system; recommend that the customer be given written notice, registered mail as a final notice (presume in the ordinary course they have already received some late payment notices at 60 days? 90 days? with specific cancel date of at least 30 days after the date of the letter and a specific cut-off time (i.e. June 30, 5.pm) after which signals will no longer be processed; that will give them plenty of time to find another provider; but the company has to make sure that if a signal does come in after that time it will not be processed (the ex-customer can be called to notify that signals are still coming in), because if they handle the signal on that one occasion then in effect can be argued they have reinstated the contract ( and then to insure no problems going forward, would have to keep handling the signal traffic until a new notice of cancellation could be sent out); the obligation is on the customer to insure that he has properly moved the signal transmission to another provider; the AHJ should also be notified as to the date and time for cutting off monitoring;
Equally important this company should have its own alarm services contract (which includes monitoring services) with the customer (not clear from the question that it's being done), that would give them a significant amount of additional protection instead of merely relying on the contract between the monitoring company and the end user; most companies using 3rd party monitoring companies have one of our standard forms of customer contracts with their customer, in addition, the monitoring company will have a 3rd-party agreement between themselves, the installing company and the customer ( which doesn't set forth billing information, but is solely to protect the monitoring company from liability) and the last piece would be a contract between the installing company and the monitoring company (covering all of the accounts to be delivered from time to time) specifying the services to be furnished and the applicable charges;
Another question that may arise,is if there is no direct contract between the installing company and the customer for the furnishing of monitoring services, does the installing company have the right/ability to cancel the customer since they don't have a direct contract with them? a lot may depend on what the monitoring contract between the monitoring company and the customer says; another reason why its important for the installing company to have a direct contract with the customer.
Dennis Stern, Esq
Kirschenbaum & KIrschenbaum, Esq
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Electronic Security Association of Virginia, Annual Conference.and Trade Show. October 16, 2012 at Virginia Beach Resort Hotel and Conference Center. For more information contact Lynn Comer at lynn.comer@shenvalleysec.com; (800) 538-2322
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The Alarm Exchange
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This area is reserved for alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;
There is no charge to post a listing here. The listing is subject to review and approval and will be posted for approximately 10 days unless renewed. Include your contact information, phone, email and web site. Posting by category will depend on response to this forum. Send your post to Ken@KirschenbaumEsq.com.
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Help Wanted:
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Key West FL Alarm Company seeking experienced alarm technician. Send resume with references and salary requirements to scotts@barnesalarmsystems.com. No phone calls please.
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NYC alarm company looking for experienced alarm techs.and operators Call Dana 212 206 0900 or email to unitednyjobs@aol.com
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Long Island Central Station Alarm Company looking for experienced alarm technicians and central station operators. Excellent salary and benefits. E-Mail hr@lowittalarms.com or call 516-433-6960 ext. 215.
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Oakland, CA company looking for experienced electronic technician – alarms, CCTV, access control, intercoms, etc. Send resume and references to HR@reedbrothers.com or call Nancy at 800-400-5625 x158
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Merger and Acquisitions
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merger - small alarm company in Atlanta GA area looking to merge with similar size one may operation. Contact Ken Kirschenbaum,Esq. 516 747 6700 ext 301.
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looking to purchase fire alarm subscriber accounts in New York metropolitan area. call Bob WIlliams at Briscoe Protective Systems Inc at 888 274 7263 ext 211 or email bobw@briscoeprotective.com All calls strictly confidential
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Central Stations
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Nationwide Digital Monitoring - monitoring all of America UL Listed; NYC FD approved
800 221 0826 www.NationwideDigital.com Contact Alan Ankeles aankeles@NationwideDigital.com
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U.S.A. Central Station Alarm Corp - monitoring throughout the United States Bart Didden 877-872-1266
bdidden@usacentralstation.com www.usacentralstation.com
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United Certified Central Station Inc - monitoring the New York City metropolitan area. NYC Fire Dept approved and UL Listed. Martin Lane 212 206 0900 http://www.weprotect.com/Monitoring%20station.html
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Counterforce Central Alarm Services Corp monitoring the NYC metropolitan area contact Gary Rose 718 575 3333 counterforce1@aol.com http://counterforcecentral.com/services/index.htm
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Metrodial Central Station - FDNY Approved and UL Listed. Contact Andy Lowitt at 866-900-METRO or andy@metrodial.com www.metrodial.com
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COPS Monitoring: Nationwide Burglary, Fire, PERS, Video, & Critical Environmental monitoring from 5 central stations copsmonitoring.com http://copsmonitoring.com/lp/kk.html or call Betty at 800-367-2677 x 1256
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Business Brokers / Consultants
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Ron Davis Davis Mergers and Acquisitions Group Inc rdavis@graybeardsrus.com Office 847 955 2345
Cell: 847 910 7716 www.graybeardsrus.com
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Mitch Reitman S.I.C. Consulting, Inc. 817-698-9999 MReitman@sicc.us www.sicc.us
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Rory Russell Acquisition & Funding Services www.afssmartfunding.com (800) 354-3863 Cell 518-366-5111
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Insurance brokers / insurance companies for alarm industry
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Alice Cornett Giacalone, Senior Vice President - selling alarm E&O throughout the United States
Central Insurance Agency, (800) 917-2542 aliceg@ciainsures.com www.ciainsures.com
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Ralph A.Costa - specializes in alarm insurance in New Jersey and other states 973 835 8444
ralph@burglaralarminsurance.com http://www.burglaralarminsurance.com/category.aspx?id=MISC1
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Security America Risk Retention Group Alarm industry owned and sponsored E&O insurance – Call SARRG at 1-866-315-3838, or info@securityamericarrg.com. www.securityamericarrg.com
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Premier Alarm Insurance, Kristin Sikorski, Isle of Palms SC 29451 1-800-792-1728
info@premieralarminsurance.com www.premieralarminsurance.com
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Rick Gombar Insurance Services, Inc. CA. Rick Gombar, President 800-446-6227
Rick@gombarinsurance.com www.gombarinsurance.com
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Eclipse Marketing & Insurance Services. Larry St John, CIC, Pres. 800-530-4448, LStJohn@eclipseinsurance.com - ins for alarm industry www.eclipseinsurance.com
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Financial Services
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Alarm Financial Services - funding for alarm dealers throughout the United States.
www.alarmfunding.com or call Jim Wooster 866-204-9350x12.
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Educational and Training Programs
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New York State alarm license Approved 81-HOUR License Course www.mbfaa.com
contact Alan Glasser (718) 894-6712 mbfaa.ny@gmail.com
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NYS 81 hour approved training - contact NYBFAA 814-838-3093 Info@NYBFA.org) www.NYBFA.org
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Marketing for the Alarm - Security Industry
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Bob Maunsell - Security Marketing Guru - www.SecurityMarketingGuru.com 508-835-1123 support@securitymarketingguru.com
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Miscellaneous
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alarm contracts - get them at www.alarmcontracts.com
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alarm company valuation - go to www.WhatsMyAlarmCompanyWorth.com
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Legal service for acquisition or sale of accounts. Contact Ken Kirschenbaum, Esq https://www.kirschenbaumesq.com/page/kenneth-kirschenbaum at 516 747 6700 ext 301, Jennifer Kirschenbaum,Esq https://www.kirschenbaumesq.com/page/jennifer-kirschenbaum at 516 747 6700 ext 302 or Dennis Stern, Esq https://www.kirschenbaumesq.com/page/dennis-stern at 516 747 6700 ext 323
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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
email: ken@kirschenbaumesq.com
phone: 516 747 6700
web: http://www.kirschenbaumesq.com