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A recent article in one of the trade communications was referred to me esteemed Editor in Chief Scott Goldfine [Security Sales and Integration Magazine] reporting that a home owner subscriber paid for several years for moniotring to Comcast. They routinely set their alarm. After suffering a break in they learned that the system's communication had not been working for years. The subscriber demanded $3000 refund, which is what they paid for monitoring the system while it was not funcitioning. Comcast offered $20 credit. Somehow the story made the local TV news channel and only then did Comcast agree that it will offer a full refund.
This is not as uncommon as you may think. I had a defense case where the alarm company collected monitoring charges to monitor a fire alarm system. After 3 years, and a fire, it was discovered that the building never had a telephone line and of course never had a monitored system. Not only had the alarm company collected the monitoring charges but it paid the central station for 3 years. Case got dropped when I pointed out that it was the subscriber's obligation to provide a communication pathway.
The Standard Form Contracts impose various obligations on the subscriber. Included in those duties are the duty to test the operation of the alarm system, provide communication pathways and call for service when necessary. What if the subscriber allows the system to remain non operational, would that void the obligation to pay for the monitoring charges? Do you still have to make your car lease payment if your licensed gets revoked? [answer is yes]. Would you still have to pay for your 20 session piano lessons if you break your hand? [probably not and definitely not in some jurisdictions]. How about if a problem with the alarm system is not covered by the all inclusive Service Contract, such as a dog eatting through a wire or sensor, and the subscriber refuses to fix it; do you think the subscriber can be held to the payments still required by the Service Contract, or the service part of the All in One? [yes, I think so].
So some might say there's something wrong with Money for Nothing. Anyway, this is the alarm industry, so the Chicks aren't free too.
Thanks for the story line Scott.
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WEBINAR ANNOUNCEMENT
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Register here: https://attendee.gotowebinar.com/register/6433874012527407617
Topic: Review of recent updates to the All in One alarm contracts
When: June 10, 2014 12 noon EST [30 to 45 minute presentation]
Presented by: Ken Kirschenbaum, Esq.
Who should attend: Alarm Company owners and those responsible for contracts.
Description: The All in One contract forms which were introduced in 2013 have undergone changes. The specific changes and reason for the changes will be discussed, questions and comments addressed. The forms include the Residential All in One, Commercial All in One and the Commercial Fire All in One. Those companies who are using the All in One alarm contracts and those considering using these forms should attend.
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SPECIAL ANNOUNCEMENT - A NEW FIRE ALARM COURSE
For NICET LEVEL I & II PREPARATION SEMINAR
NOW REQUIRED by NYC FD - NICET LEVEL II
DATES: June 18 and 19, 2014 - HOURS: 8:30 to 4:30 P.M.
Total: 14 hours Member* Price: $ 495.00 Non Member - $ 645.00
Presented by The Fire Alarm Institute by Instructor Jim Mundy, former National Chairman of AFAA and actively involved in training and development of the National Fire Alarm Code since 1991. Known as “Mr. NICET” in New York, his 50 years’ experience coupled with an unending search for excellence and interactive tutelage brings alive what you need to know.
*Member prices are available to AFAA, MBFAA, ESA, NYESA, LIAA, NYFAA and SFPE members
Register here: registrar@FAINY.org or call (516) 783-9020
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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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Speaking Engagements
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Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org/
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
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