***************************

More on ADT prevails on extra contractual duty claim case from October 22,  2013 article

***************************

Ken

    With regards to the ADT case; regardless of the waiver clause we have an entire section of our contract dedicated to the Subscriber’s Duties.  It states and I paraphrase, they are responsible to test their system periodically or at least monthly.  So that being said are we, the alarm company, obligated to notify customers when we DO NOT receive signals for a period of time?  I would argue that if I have a gym membership and I don’t go to the gym, would I sue the gym for not telling me that I had to go and following up with me and now I’m overweight?

Cyndi Miller

**********************

Ken

    ADT Alarms Don't Test

***********************

Response

***********************

I dont know if ADT alarms test or not.  

    What duties do you have if you fail to get a test signal?  The answer depends on: 

  • what your contract says
  • what local AHJ requirements may be
  • what type of system you are monitoring and whether there are any industry standards established
  • what practices you have historically followed with the subscriber
  • what written policies your central station has promulgated for test signal response
  • what representations you have made to your subscriber regarding test signals

    As you can see its not an easy question to answer.  But the best practice is to:

  • follow AHJ requirements
  • follow written practices
  • follow express standards set forth in your contract
  • do not make "extra contract' representations or committments
  • make sure you know how your central station intends to handle the issue

    I have tightened up and updated the Standard Form Contracts to address what response is sufficient.  

**************************

Webinars

**********************************

December 4, 2013   12 noon EST  Register here: https://attendee.gotowebinar.com/register/4919260455763006721

     Title:  10 Things Residential Security Alarm Companies should consider BEFORE entering the world of Commercial Engineered System Fire Alarms

      Presented by:  Bob Williams, President of Briscoe Protective Systems and his Management Team. 

Briscoe Protective Systems has been in the industry for 35 Years and has made the transition from a Residential Alarm Company in the late 70’s to a Engineered System Fire and Security Company that is an SDM Top 100 Company. Find us on the web at www.BriscoeProtective.com or on LinkedIn under Companies, Facebook and Twitter@BriscoeProSys 

      Description:  There is a big difference between installing Residential Fire Systems and Commercial Engineered Fire Systems and there are “Key Factors” that Security Company’s should consider before attempting to go into this lucrative but challenging market.

      Who should attend:  Alarm company owners and fire techs.  

************************