KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Which contract to take over and maintain cameras 
December 21, 2020
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Which contract for take over and maintain cameras
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Ken,
          We have a company that would like us to take over service, maintenance, cleaning and repair of their existing camera system. The agreement would include a repair or replacement warranty for five years. They pay us a monthly fee in advance to repair and replace their cameras and to come out and clean them quarterly.
            Which of your agreements best fits that bill?
Thank you
MM
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Response
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            The updated Commercial All in One would be the best choice. You will note that this agreement, like all the Standard Form Agreements, omits the word “maintenance”. So how will you cover your periodic cleaning responsibility?
            On the front of the contract you will check the Repair Service Plan option and the Inspection Option.  You will price those two RMR items, or you will check the last RMR item which is a single RMR charge for selected RMR services as a single charge.
            In the Schedule of Equipment and Services you will detail the equipment covered by the Commercial All in One.  In the Services section you will include that the Service Plan includes replacement of cameras [though you should be careful to state under what circumstances you will replace cameras without charge and when you will charge], and you will state that your Inspection service does include cleaning the cameras [and you may want to describe exactly what cleaning is included].  
            The advantage of using the Commercial All in One for this subscriber is that the use of the contract won’t be limited to cameras, for this or other subscribers.  The alternative contract is the Camera Sale and Service, which is limited to cameras. 
            On all take overs you should be using the Disclaimer Notice.  You should also be using the Disclaimer Notice for new subscribers too.  The Disclaimer Notice covers both new and take-over customers. It’s easy to use and self explanatory.
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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
www.KirschenbaumEsq.com