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 whitelist ken@kirschenbaumesq.com ****************************** can customer cancel after prewire and get refund / Group and private meetings at ISC February 28, 2026 **************************** schedule FREE Private or attend Group meeting at ISC ***************************** You should have planned your trip to Las Vegas for the ISC West 2026 show; hopefully you have time to spend and meet with your attorney. There will be Group meetings - topics to be announced and hosted by Ken Kirschenbaum and guest hosts, Rory Russell and MItch Reitman, all of whom will also be scheduling private meetings. We will I'll be at the Palazzo scheduling meetings at the Prestige Lounge. To book time for free consult or inquire about attending a Group Meeting or scheduling with Mitch or Rory, contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. *************************** can customer cancel after prewire and get refund *************************** Ken If customer gives down payment and he wants to cancel after prewire is completed, do we have to return part of the down payment? Thanks Galiguer ***************************** Response ***************************** The question leaves out way too much information for a definitive answer. If a K&K contract was used and executed properly, and if residential and you waited the 3 days to do the work, then the customer cannot simply cancel and no refund should be made. If residential and you didn't wait the 3 days then the entire deposit must be refunded and you must restore the premises. If you wrote in your contract special terms permitting the customer to cancel during prewiring or at any time for customer's convenience, then a refund may be called for. But K&K Contracts are not cancelable, period. The customer is required to make all payments for the duration of the contract, as long as you are not the one to default in performance. And, let me clarify what I mean by you defaulting in performance. Your central station misses a signal and there is a real incident. You don't show up for a scheduled service You forget to send an invoice Someone at your office is accused of being rude, including you Installation takes longer than estimated Despite delays that were not your fault you are still willing to complete job None of the above are a breach of contract by you. Here's what is a breach by you: Notifying the customer that you no longer want to do business with it You stop performing and become unresponsive
The K&K Contracts are quite clear on the consequences of customer breach, including non-payment. When you use the K&K Contracts you have the back office support of K&K legal team, a devoted bunch of professionals with concentration in alarm industry law and practice. Use the K&K contracts and forms and rely on the K&K Legal Team to support you legal needs for industry related and other legal issues. *************************** STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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
