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Hi Ken,
Thanks for the response to my question of what's included under normal wear & tear. I believe that many customers would care about the subtleties of the difference, especially if someone brought it to their attention. I find it extremely interesting that you made the comparison to the famous Justice Potter Stewart quote, "I know it when I see it."
This raises exactly the type of problem scenario that I was referring to. What happens when Technician 'A' decides that something is covered under normal wear & tear and then Technician 'B' goes to the same site and declares a similar fault as billable? Most customers I know are going to be looking for any opportunity, however minor, to get out of having to pay extra for something they think is covered under contract. On the flip side, there are plenty of companies who bank on full service contracts knowing full well in advance that they will be billing the customer double or triple down the road for items they deem not covered "as they see it". I can't help but feel that there is something mildly dishonest about this method. The lack of specific language and these gaping inconsistencies only serve to weaken a company's arguments about what is and is not covered.
Lastly, I am amused to hear an attorney make the call for "common sense to come into play." Do your contracts normally allow for exceptions based upon the provisions of common sense? Obviously, if common sense were the norm we wouldn't need such abundant, detailed, specific legal jargon and fine print, now would we?
RN
Ft. Lauderdale, FL
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Response
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The contracts can't identify every potential service issue. Perhaps where the common sense comes into play is - you can't expect a subscriber who pays for service to be happy about paying for non covered items, They will eventually find another alarm company and that will be the end of your RMR for that subscriber.
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To RN of Fort Lauderdale regarding rainwater.
Try using weatherproof equipment, including fittings, back boxes, bushings, and seal tight.
Roy Pollack, CPP SET
Director of Compliance
Devcon Security Services Corp.
Hollywood, FL
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Question - can you sell your alarm license?
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Ken -
I recently sold my central station accounts to another alarm company. I retained ownership of the service and installation part of my business and I did not sign a non-compete clause. Recently, another company approached me about selling them my burg/fire alarm license. They have licensed technicians, but no company license. Can I sell and transfer my current license in this manner?
Thanks,
SW
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Answer
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Alarm licenses are not transferable by you to another, and you can't sell your alarm license. What you can do is qualify as the license holder for an alarm company. Laws may vary state to state regarding whether you must be an owner, officer or just an employee of the company. If you do qualify for an alarm company you will need an agreement to protect you. Contact Jennifer Kirschenbaum of our office at 516 747 6700 ext 302 for legal representation.