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Using Proposals
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Ken,
In your webinar on June 10, 2014 you gave an appropriate warning. "never let a customer sign a proposal prior to (or in lieu of) a contract." This was eye-opening for me in that I use a cloud-based CRM Billing software that features a proposal template which has the dreaded signature line. This
software also allows the dealer to e-mail that proposal to the potential customer for 'approval' by signing the signature line (with a tablet, signature capture pad, etc.). I proposed the issue to the software company in this way.
"I have been told by my lawyer that I should ABSOLUTELY NOT have the Customer EVER sign the proposal as method of acceptance of work. Instead, only a "fully executed contract" tied to the proposal should be signed as an acceptance of the Customer for the work. Is there any way to
change the verbiage and fields that are shown at the bottom of the Proposal to read something to that effect?"
Their response was as follows.
"With this one, you would want to have your Lawyer create a letter that he feels is legally binding with the wording that by signing the attached proposal the client agrees to these terms. Once you have this letter created you would go [through the steps in the software to make this
available electronically to the customer] . one more item on this for you to pass on to your Lawyer. With the signature [on the proposal] we do capture the Time Stamp, IP Address, Printed Name and Signature"
If absolutely necessary, I can work around this issue to ensure that the customer signs the contract only, but is what they are suggesting going to work legally?
BTW, thank you for newsletter service- invaluable to a startup like
myself!!
Thanks,
Bryan
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Response
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I can't force the software service to change their product - but they are not permitted to disseminate my contract for electronic use. You can add at end of your proposal the following"
"Customer's acceptance of this proposal is not an agreement to provide the services in the proposal. This proposal is subject to execution of Seller's standard Agreement for the services offered."
The idea is that the proposal cannot end up being the Agreement between you and the subscriber. If the Proposal call for the subscriber's signature, an acceptance of an offer [which is your offer to provide the services described in the proposal] then you end up with a final Agreement -- one without any of the protective provisions you need since no proposal is typically going to outline the protective provisions. The software management company you are using is pushing you into a dangerous practice. Get them to change it or get a new management tool.
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CCTV Lease
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Ken
I'm looking for contracts for "financing" CCTV systems. Similar to that of the home alarm systems, but for CCTV. Do you have something of that sort? Can your contracts be edited?
Patrick
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Answer
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The CCTV Lease for commercial. For residential it's the Residential All in One Lease. You would also be better off with the Commercial All in One Lease. And yes, all of our Standard Form Contracts can be edited by you.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
Speaking Engagements
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Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY. This is the NYS Electronic Security Assoc annual meeting. Presentation on updated contracts and current legal issues will be at 10:30 AM. For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301 dalereller@itzsolutions.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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