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QUESTION: WHY NO LICENSE ENFORCEMENT - ANY VENDOR RESPONSIBILITY?
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Ken
Why do I encounter so many unlicensed companies in New York installing CCTV systems when the code reads:
195.2 Need for License
(b) A security and fire alarm installers license is required for the installation, maintenance or servicing of the following:
(1) a closed circuit television system (CCTV) if such a system is used, either full-time, for the detection or monitoring of intrusion, brea-in, theft, movement, sound or fire; and
I've asked two reputable camera manufacturers recently whether or not they were aware of this law and why they sell to unlicensed contractors. I got a blank stare from both who claimed ignorance of the law. Is there an agency that these companies can be reported to in NYS?
Is there any responsibility on the side of the vendors and distributors to insure they are selling to licensed contractors? That would seem to be a really easy solution to reducing the number of unlicensed companies without having to spend more on the policing effort. I would imagine a beer distributor is responsible for confirming the bars they are selling to have a current liquor license...or maybe that is just my ignorance regarding the reasons for licensing in the first place.
Manufacturers and distributors could still sell to unlicensed companies for personal use, but I would imagine they would make that a retail transaction with a different cost and tax implications.
Curtis Cole
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RESPONSE
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Do you think HomeDepot should be required to check on a home improvement license before it sells either equipment or supplies and material to a consumer? It won't work. Just like a gas station isn't going to check your license, registration and inspection sticker before it sells you gas - and give you a sobriety test.
Enforcement generally follows some type of consumer complaint that reaches the right agency. Though we did have a short period when the Division of Licensing Services attempted to audit every alarm license holder the project abated. Personnel diverted. Probably more lucrative installing all those red light and speed cameras.
If you know of unlicensed activity you can notify the Department of Consumer Affairs, the Attorney General, the Division of LIcensing Services at the Dept of State, District Attorney's complaint department and maybe local police. Dont bother calling your local alarm equipment distributor about it unless you're ready to place an order. They don't [and probably shouldn't] care.
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ORDERING CONTRACT BEFORE LICENSED
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Ken
Our State Residential License number is pending; please confirm you are sending the Alarm Agreement we ordered in a doc format, so we can edit and insert the License number when obtained.
Also, our insurance company doesn't insure the monitoring aspect of our business. Even though we are collecting the payment for the monitoring company and paying the monitoring company for the client, I want to make sure we have a clause that states we are not responsible for anything related to the monitoring.
Please confirm and I can place our order.
Thanks!
anon
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RESPONSE
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Sure we don't require a license to sell you a contract. If I did you'd just steal it anyway. [BTW - I am planning my first lawsuit for copyright and trademark infringement for an alarm company stealing one of my contracts - I'll keep you posted].
As far as your insurance company not covering monitoring - let me put it this way. GET A DIFFERENT INSURANCE CARRIER. CALL ONE OF THE BROKERS ON THE ALARM EXCHANGE !!!!!
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QUESTION: IS CONSIDERATION NECESSARY
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Ken
Is there proper consideration to uphold the contract if we were to donate a system and monitoring to someone?
Thanks,
ANONYMOUS
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ANSWER
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You don't have to charge the subscriber for the contract to be enforced. Also you sort of have it backwards. If you don't charge for the services and the subscriber suffers a loss and you want to rely on the protective provisions of the contract you won't have any problem doing that. The consideration issue is the subscribers when you decide to stop monitoring because you're not getting paid. How about you have a 5 year agreement, install and then monitoring and service. You sell your subscriber accounts after 3 years. Your buyer agrees to continue the free service for the sub for only 6 months. You let the sub know. The sub decides to sue you for the cost of service and monitoring for the next 18 months. Good case. Your defense of no consideration won't work. The subscriber justifiable relied on your promise. Go figure. Sort of like you showing up for Thanksgiving dinner and finding out your host is only serving meatloaf. You weren't paying so what's your beef?
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