KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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can you contract for fire suppression and sub it out / more on kids in your alarm business / Contract Sale Day 6 / Only 4 days left
January 6, 2020
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SALE RUNS THROUGH JANUARY 10, 2020.   SAVE THOUSANDSORDERS ARE FILLED IN ORDER RECEIVED [UP TO 6 WEEKS WAIT for sale orders - longer for update orders]  Order today to avoid the wait and price increase.
NOTICE: Price increase for contracts will go into effect January 11, 2020, after the sale, so be sure to order during the sale to get the discount and avoid the increase.  We have not increased the contract prices for several years and the increase will be modest. 

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NOTICE:
    The Standard Form Agreements have been updated for 2020.  If your contracts are from 2018 or earlier you need to update.  For contracts after 2018, changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  Contracts purchased after November 1, 2019 are already updated.  Keep in mind that our updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed and sent out after the new orders are processed.  The sale ends January 10, 2020; the sooner you order the sooner you will get the contracts.   
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How to order: order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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Contract sale runs through January 10, 2020, ending at midnight EST. The discount will be applied orders received between now and January 10, 2020 by midnight*.  This will definitely be the best deal of 2020.  Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 10, 2020, so please be patient.  When you place the order the full price will come up.  We will apply the discount manually when we process the order.  Contracts will be delivered by email only.


Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $475.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1175.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $325.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement $1200.00   Save $300.00
    Nationwide DIY with monitoring.  $3500.00  Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00  Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2020 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  
Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.


** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Free or half price orders are processed after full price or discounted orders are processed.

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can you contract for fire suppression and sub it out
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Ken,
            I have a question relating to your Fire All in One Agreement and subcontracting. We have many fire alarm customers under contract and from time to time one will ask our company to give them an all-inclusive price to inspect the Fire Alarm, Sprinkler System and the Kitchen Ansul System. Our company is only licensed to do Fire Alarms so we would work with another licensed contractor to provide the Sprinkler Inspections and The Ansul inspections. My question is twofold: can we stand in the middle and do we need any special agreement with our subcontractors to provide the other services?
Name withheld
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Response
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            This question is really more complicated than you might think.  The easy quick answer is, contract only for what you are licensed to perform, and in your case, its fire alarms.  The Fire All in One does not cover Fire Protection [Suppression] systems and devices. We offer a separate contract for Fire Protection services.   If you contract for services that you aren’t licensed to perform you usually cannot sue on those contracts to get paid.  You may be violating laws if you perform unlicensed services, though in your case you plan on engaging a licensed contractor to perform the fire protection services.  And that’s when it gets complicated.
            How does a General Contractor sign contracts for all sorts of work requiring a license?  A GC engages Mechanical Contractors, electrical contractors and other trades, including alarms, all the time.  If the GC can do it, why not you?  
            Well the answer is you can, provided you have a GC license, if one is required.  Not all states require a GC license, but most do, and even in states where there is no statewide GC license there may be local municipal license requirements, like Home Improvement licenses.  New York, by the way, is one of the few states without a statewide GC license.  Other states that don’t have a statewide GC license are Florida, Louisiana, Colorado, Connecticut, Kansas, Indiana, Kansas, Missouri, New Hampshire, Ohio, Pennsylvania and Wyoming.  So in these states you may be able to contract for fire suppression services [use the Fire Protection Services Agreement] but you should be careful to specify that you are acting as GC and will be  engaging licensed subcontractors.
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Comment on kids in your alarm business from article on December 2019
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Ken
            Thoughtful and relevant article on December 20, 2019.  Two of our three sons came into AFS { A company started by Ivan Scharer and me ] One - Jim Jr stayed for 14 years and now runs everything . The other stayed for 6 months and left . Because of Jim Jr the company thrives. We only do loans now. No more RMR purchases. The space we are in - loans from 150,000.to 1.000,000 are aimed at the smaller dealer for growth and acquisitions. All of this my “kids” idea. So yes, Moms and Dads, let your kids give it a try. So what if they out-perform you?
James T Wooster Sr.
888-349-6957
www.alarmfunding.com
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Response
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            Can’t wait to see what your grandkids do with AFS
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To order up to date Standard Form Alarm /  Security / Fire and related forms, click here:  www.alarmcontracts.com
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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.
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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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