H&W signing / follow up will manufacturers go into the cs business / stick tight to contract terms February 17, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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H&W signing / follow up will manufacturers go into the cs business / stick tight to contract terms
February 17, 2018

stick tight to contract terms

Ken:
   I just had a deal where the customer tried sneaking in crossing out the indemnity, so I searched your newsletters and read the one from November 2017 regarding the indemnity clause. This lady is an attorney and worth millions, as is the building they needed protected (worth millions). I thought to myself: Ken is right, and ADT would not let them cross it out so I just went head to head with this smart lawyer lady and got my way - and quickly.
   I wanted to thank you for everything you do for us out here - I saved an attorney bill just by paying attention to what information you put out there for free, kept the sale, and still have what we want in the contract - just awesome!
GA
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Response
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   It's highly unlikely that this one job is worth losing your sleep and maybe your company over. You did the right thing sticking to the contract terms. With all the articles on our website you can become a legal expert.
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follow up on Will manufacturers go into the central station busines from January 30, 2018
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   In my article on January 30, 2018 I opined that manufacturers were unlikely to open their own central stations; become a competitve wholesale central station. I suggested that this was so despite the success these manufacturers may have in the recurring revenue business as third party vendors; inserting themselves into the communication loop.
   A news article caught my attention regarding this issue. Napco, the alarm manufacturer who introduced the Starlink service, reported [it's a public company] increased earning, seemingly attributable to its recurring revenue business. Reportedly Starlink net sales grew 52% from last year.
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H&W signing
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Ken,
   We are sending contracts out electronically and was wondering if sending to a married couple do both people need to sign the contract? If I email the contract to mr. and mrs. do they both need to sign? When emailing using a program like docu sign do I need to add anything to the contract?
name withheld
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Response
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   Don't make the contract out to Mr and Mrs. Use their names. If doing a residence it's better practice to get both H&W to sign. Your position is that unless they both sign you will only be able to take instruction from the one who signs. If you are using docu sign or any other electronic format you should be using our Disclosure and Consent to Electronic Communication form.
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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