KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Rider for CS Dealer Agreement / More on audio / Collections September 23, 2020 ******************* Rider for CS Dealer Agreement ****************** Ken, I use monitoring CO and they want me to sign a new agreement (it is one of yours). I am interested in purchasing your dealer Rider and have them sign it. What is the best practice to get them to sign it? It would seem to me I have some leverage currently, since I have not signed their agreement yet. Are they likely to sign it? When I mentioned your Rider agreement they said they didn't know what I was talking about. Thank you, C ******************* Response ******************* Every central station requires the dealer to sign a Dealer Agreement. That agreement sets forth the arrangement between dealer and central station. Obviously it’s written for the central station. If it’s my form it does offer some protection to the dealer, but not enough. A dealer needs a Rider to supplement the Dealer Agreement. It’s a generic Rider, so it’s a good fit for every central station Dealer Agreement. Many central stations have seen the Rider and agreed to its provisions, adding them to the Dealer Agreement. Some central stations haven’t seen it, and some central stations don’t even know who I am and have never heard of K&K. You’re nuts if you’re doing business with them. Get the Rider here and don’t sign a Dealer Agreement without it. ******************* More on audio ****************** Ken The audio devices and software like Alexa, Siri, Cortana, Google Assistant, etc. should not be considered security or home automation devices. These are convenience devices. You can press button or click mouse to activate the actual home automation or security hardware. Using voice commands and the device and service is your choice - not requirement. Dusan ******************** Collections ********************* Ken I have a couple of questions on collections. First, I have a customer that signed a contract and, due to snow delayed the original install then never allowed us to do the installation. We signed him up for Alarm.com and monitoring at the CS so we had expenses, time and effort. Can you take on collecting for that? The contract was a three-year term. Secondly, subscriber has required fire alarm we are monitoring. The customer has fallen behind. Do I need to terminate the account or is it possible to do the collection and continue to monitor the account? He has the money; he is just frustrated that he is required to pay for alarm monitoring. I do not think he realized he would have this expense when he purchased the building. We monitored for the previous owner and this new owner has only made one payment back in 2019 The Third question, I have an account that closed shop. I believe I have the owner's home address and his father's address; can you pursue that for me? RP ********************* Response ********************* K&K will provide collection services through the arbitration process if you have Kirschenbaum Contracts ™. If you don’t we can’t [or won’t] help you. Your first subscriber delayed and then reneged on the contract. You can pursue the subscriber for the term of the contract. Too bad you reduced the 5 years we had in the All in One contract when we sent it to you. Owner of building is “frustrated” and didn’t realize it would have the expense of fire alarm monitoring? In default since 2019; this should have been pursued 30 days after payment due was not paid. I would continue monitoring until we get arbitration going and see if the subscriber comes to his senses and pays – pays you what you’re owed and for your legal fees. The third subscriber sounds like a waste of time and expense. The home information is useful only if you have a personal guarantee on the contract. If you do then we can pursue it. Contact our head paralegal Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com to get started. ********************* To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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 www.KirschenbaumEsq.com
