KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Canceling fire alarm monitoring / Comment on who pays for 3G upgrade / sign up for free webinars
March 8, 2022
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Webinar Schedule: See below for details and Registration
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Webinars:
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Today's Webinar:  March 8, 2022  Recruiting, hiring and retaining field talent
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March 9, 2022  Insurance Broker contribution to Due Diligence in                                    acquisition transaction
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Canceling fire alarm monitoring
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Ken
          I have a customer that has your Fire All in One contract. He is past due on payment.  I want to cancel him but the building has a day care center. I don’t want to just rush and cancel.
          What is the best way to handle?  Would like to talk with the local fire Marshall but wanted to talk with you first to see what avenue I should go.
 Thx,
 Paul 
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Response
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          If you are going to send this to K&K for collection, which you should if there is time left on the contract or equipment value, you shouldn’t cancel monitoring until we commence the proceeding [which will be Demand for Arbitration].  I’d like to see whether the subscriber claims the system wasn’t working; hopefully we will be able to confirm proper operation by looking at the central station activity report. 
          Another reason to continue the monitoring services is to leave open the option of the subscriber deciding its easiest way out of the Arbitration proceeding is to reinstate and pay for your services.  In some jurisdictions canceling fire alarm monitoring service involves more than telling the central station to ignore signals. 
          Once we decide that the fire alarm is working and the subscriber isn’t reinstating you can cancel monitoring by notifying the central station, the subscriber and the Fire Marshal.
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Comment on who pays for 3G upgrade from article on February 10, 2022
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Ken   
          Affiliated Monitoring CEO Oppenheim was the guy quoted in the LA Times article saying it’s the alarm company’s responsibility to pay for the upgrade, not an executive order by the California Governor.    
          Affiliated is a recommended central station on The Alarm Exchange.  Perhaps you should have a talk with him to determine where he is getting his information from.  Thoughts?
Best,
Troy 
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Response
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          Clearly the responsibility to pay for the upgrade from 3G or any other upgrade as a result of end of life equipment, obsolete equipment or communication pathway changes requiring device change, is a matter of contract terms between the alarm company and the subscriber.  Alarm companies using Kirschenbaum Contracts™ have no responsibility for those kinds of upgrades. 
          Perhaps Dan Oppenheim was thinking about the responsibility vis a vie the central station and the dealer.  Obviously the central station is not responsible for any subscriber system upgrades.  You need to be very careful speaking to reporters because a lot of what you say isn’t going to be in the article and much is taken out of context. 
          If your contract with the subscriber isn’t clear on the issue you could very well be responsible for the upgrade. 
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Webinar:  Registration - sign up today
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Webinars
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Webinar Title:  Recruiting, hiring and retaining field talent
When:  March 8, 2022 12 PM ET
Topic Details:  Even before the pandemic, hiring and retaining field talent in the security industry was growing increasingly difficult.  This webinar will explore the best ways to find talent, prequalify them and develop enthusiasm to consider joining your team as well as how to quickly determine if a candidate’s psychomotor skills match their resume. Webinar will discuss skill matrixes and why they are valuable tools to incentivize and retain talent, help improve morale and promote consistent, transparent compensation.
Presenter:  Peter Goldring, SET, NICET #143428 Fire Alarm Systems, Level IV, ACFE Certified Fraud Examiner.  Peter M. Goldring Consulting LLC Phone  516-640-1410   peter@goldringprotection.com   www.goldringprotection.com
Hosted by:  Ken Kirschenbaum,Esq.,
Who should attend:   Company owners, CEOs, CFOs, Manager, Human Resource Personnel
Register Here: https://register.gotowebinar.com/register/7491717510381999116
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Webinar Title:  Insurance Broker contribution to Due Diligence in acquisition transaction
When:  March 9, 2022 12 PM ET
Topic Details:  Due Diligence to varying degree is essential in an acquisition transaction.  Insurance considerations are best reviewed by an insurance expert.
Presenter:  Shawn Iverson, CIC The Insurance Center,  Ogden, UT   801-622-2626
Hosted by:  Ken Kirschenbaum,Esq.,
Who should attend:   Company owners, CEOs, CFOs, personnel involved in acquisitions
Register Here: https://attendee.gotowebinar.com/register/2096504113021511184
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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