when does subscriber own discounted equipment / printing contracts and giving copy to subscriber November 1, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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when does subscriber own discounted equipment / printing contracts and giving copy to subscriber
November 1, 2018
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when does subscriber own discounted equipment
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Ken,
    When we install a discounted system does the customer ever “own” the equipment? or do our All In One Agreements stipulate that we own the equipment? Even if we own it, but don’t see any value in repossessing it I would like to know what the contract stipulates.
    Example:
  Customer pays $99 upfront, $49.99 per month for monitoring. 36 month. We have given them or subsidized a basic system for them. We gave them equipment and installation value off around $1,000 (capitalized creation cost). 
Mike 
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Response
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    The All in One agreements have two basic forms, sale or lease.  If you lease the equipment then the subscriber never gets to own it, unless there is a default or the lease comes to an end and you decide to exercise your option to sell the equipment for the agreed value of installed equipment.
    On a sale the subscriber owns the equipment once it's installed; even if the subscriber defaults and doesn't pay you. There is no provision in the All in One that provides that you retain title to the equipment until it's paid for. That provision is not really enforceable. At best it may permit you to file a lien, but a UCC lien is provided for in a different provision in the contract. The amount waived is recouped in the event the subscriber defaults. 
    The situation you refer to above in your example would best be covered in our "Free System" for residential subscribers. We have modified the Residential All in One to provide for a waiver of the installation and purchase price of the basic system. The "free system" All in One is not on the contract order form. You can get that contract by calling our Contract Administrator Eileen Wagda at 516 747 6700 x 312. Eileen can assist you with all your contract questions.
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printing contracts and giving copy to subscriber
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Ken
    How do alarm companies print their contracts? We have been printing on standard 8.5x11 paper and leaving a blank copy with our subscriber. I was wondering if we should be printing them on carbon copy so that we are leaving a signed copy with the subscriber. Legally, does it matter if the subscriber doesn’t have a signed/initialed copy?
Matt 
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Response
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    You can use the contracts in printed format or electronic format.  You can get assistance by checking The Alarm Exchange in the category Technology and Services that increase or preserve your RMR for finding a printer or electronic contract assistance. Keep in mind that your automatic billing can be free with software and credit card processing provided by Biller Genie, also found on The Alarm Exchange in the Financial category.https://billergenie.com/?utm_campaign=Permasales&utm_source=Alarm%20Exchange
You must furnish a residential subscriber with a fully executed copy of the contract, when signed. That is when you also provide the 3 day cancellation notice. You can't leave the subscriber with a blank copy of the contract and comply with the consumer laws.  When executing the contract electronically you need the subscriber's consent to comply with the consumer laws electronically. That is why you need to use the Disclosure and Consent to Electronic Communication form. This form is one of the Standard Form Agreements found at www.alarmcontracts.com
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Party - if you're planning on coming to our annual holiday party on December 14, 2018 please rsvp now by emailing our office manager Amy at ALaVeglia@kirschenbaumesq.com   Hopefully you are acquainted with Amy - she processes and oversees our billing and invoicing clients.​​ 
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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
516 747 6700
www.KirschenbaumEsq.com