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Question - Presumption of delivery- mail v email
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Ken,
I believe, if I place an envelope in a US Postal Service letter box the court will consider it delivered. In the past, by testifying I placed a letter in a US Postal Service letter box the court did up hold that it was mailed and thus delivered.
Is sending an email considered delivered if I testify that it was not returned?
Jeff
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Answer
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In NY, where Jeff is located, the law is that mail delivered by the US Postal Service is deemed delivered within a specific time period. There is no such law applicable to an email that I am aware of. Proof of service can be established by a number of ways, including your own testimony, though just because you send an email there is no presumption it arrived without an electronic receipt. Getting a court order to check the recepient's computer is more for the movies or cases you're not likely to be involved in.
A more important issue is that you need to read your contract or statute very carefully. If you are giving a notice it must be given and delivered in accordance with the contract or statute. Don't try and make it better or different.
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Question - new contract cancels old one
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Ken
wanted to follow up on signing a new contract when you go out for addition add-on to a residential property and you have an existing contract in place (let's say for two years left on old contract). What do you need to put into the new contract to make sure they don't screw you over.
This contract supersedes other contract when signed.
For your daily email.
anon
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Answer
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If you agree to cancel an old contract because the subscriber agrees to sign a new one, be sure to condition the termination of the old contract on full performance of the new contract.
Here is a more formal response from Jesse Kirschenbaum [my nephew and a recent law school grad]
In order for a subsequent contract to supersede all prior agreements the contract should contain a provision called the "merger clause," also known as an "integration clause". A merger clause states that the contract itself is the final and entire agreement between the parties. Often a merger clause will read as follows: "This is the parties' entire agreement on this matter, superseding all previous negotiations or agreements, whether oral or written."
The main purpose of a merger clause is that it puts the parties to a contract on notice that if they want something to be part of the agreement they need to make sure it is written into the agreement. If a subsequent contract contains a merger clause, any terms that are in the first contract but not in the subsequent one will not be enforced by a court. The merger clause essentially forces a court to look at just the written contract. Merger clauses are useful because they reduce confusion about whether obligations supposedly made outside of the agreement are part of it. A proper and enforceable merger clause is one of the most important provisions to include in a contract to prevent subscribers from not complying with a subsequent contract based on the terms of the first contract. The failure to include a legally enforceable merger clause will often result in confusion between the parties and unnecessary legal costs incurred in enforcing the agreement. At www.alarmcontracts.com you can find contracts which include properly drafted merger clause as well as other vital contractual provisions designed to protect yourself against subscribers' breach of contract.
JK
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software question
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Ken,
I know this is not a legal question, however, since you are so heavily involved in our industry I will ask anyway. We are in search of a good software suite that will allow us to process quotes, work orders, scheduling, and inventory. Mobile access or cloud based would be optimal. Any additional options would be bonus. Do you have any recommendations? We are trying to stream line our processes to be a more profitable business.
Thanks,
Josh Hudson
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Answer
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Check out the listings in The Alarm Exchange under the category Technology and Services that increases and preserves your RMR
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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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SentryNet's 19th Annual Dealer Conference. April 22 - 24, 2014 at Harrah's in Tunica, MS. register at http://www.sentrycon.us or call Peggy at 800-932-3304 for more information. www.sentrynet.com
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Northeast Security & Systems Contractors Expo. Thursday, May 22, 2014 10 am to 5 PM at Royal Plaza Trade Center, Marlborough, MA. registration https://www.expotracshows.com/neacc/2014/ Presentation on Alarm Law issues and Q&A will be at 2 PM. For more info contact Gary Spaulding, NEACC President
207-384-2420 gary@spauldingsecurity.com
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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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