KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on communication pathway failureOctober 4, 2017
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more on communication pathway failure from Sept 25 2017 article
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Ken,
We provide additional warning to each Subscriber on the subject of signal integrity:
"Subscriber acknowledges that signals which are transmitted over telephone lines, wire, airwaves, internet, VOIP, radio, cellular, or other modes of communication, pass through communication networks wholly beyond the control of Company and which are not maintained by Company except Company may own the radio network. Subscriber acknowledges that signals may rely upon a single, unsupervised, communication pathway between the System and the Monitoring Station. Communications pathways are subject to failure or compromise and Company shall not be responsible for any event which prevents signal(s) from being received by Monitoring Station, or for any resulting damages."
ANON
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Response
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Warning end users that alarm signals rely on communication pathways that are beyond the control of the alarm company is basic to any properly written alarm contract. That message is hammered home in several provisions in the Standard Form Agreements[note that some of the above language is from the Standard Form Agreement]. There is no reason to modify the provisions in Standard Form Agreement that deal with communication pathways. Even a judge or jury will understand that the alarm company has no responsibility for signal failure caused by communication failure.
It's important to remind end users that different communication pathways have their own benefits and issues, and that when possible multiple communication pathways is better than one. This is amply addressed in the Standard Form Agreements and in the Disclaimer Notice, a form that you should use with the All in One Agreements. Lots of lawsuits where only one communication pathway was used and communication was down. You still get sued. Get your ticket out of a lawsuit here: www.alarmcontracts.com
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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
