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central station resistant to contract modification / more on should we thank Sandy Springs
March 20, 2020
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central station resistant to contract modification
      We are a central station in the process of having our dealers use your new agreements [the All in One]. We have an end user from one of our dealers who is asking for significant changes to a monitoring contract. Please let me know how we should proceed.
name withheld
        When you consider the single subscriber, a central station doesn't have much incentive to make changes to the Agreement, especially when any change will increase your risk. It's the dealer who is making most of the money. There is money in the installation, inspection and repairs; only a small percentage of the monitoring charges are passed to the central station. So why even consider it?
        The dealer of course wants to get the job and if the dealer is important enough to the central station then the central station will look to accommodate the dealer, not the subscriber. Of course every dealer is important to the central station, so some accomodation should be considered in every case. In many cases the central station may not even be aware that the dealer has modified its contract to get the subscriber to sign it. 
       Both dealers and central stations have resisted [outright rejection is more accurate] my strong suggestion that a dealer be required to deliver the signed subscriber contract before putting a subscriber on line. Maybe everyone thinks they will need me to review every one of those modified contracts [a good idea], but that won't be necessary. 
      The central station needs to be careful making changes, as does the dealer. Modification of the Exculpatory Clause and Limitation of Liability Clause have obvious risks. But the central station needs to be careful when the subscriber changes the monitoring procedures in the contract, because that's something the central station's operators are likely to make mistakes with.
more on should we thank Sandy Springs from articles on March 7, 2020
     With regard to the Sandy Springs commentary. Currently manufacturers of firearms are being sued because their product was used in a criminal endeavor. Not the person who miss-used it. It's the guns fault and there is a price to be paid. Force the company out of business ...... This gets rid of the gun problem. Result ....... None ...... but, everyone feels good thinking they have done something. Criminal element not the least concerned.
    This opens up a precedent for the next group to be sued ......the car manufacturers. Cars are currently designed to exceed posted speed limits, allowing people text, drive drunk. The cars fault, not the driver if there is an accident.
      Force a design change limiting by GPS the posted speed limit on any road in America plus any number of "safety enhancements" Result........ More government control and monitoring of our daily lives.
People accept car accidents happen to the other guy and are just part of life
     This slippery slope will eventually lead to the alarm equipment manufacturer. Not enough safeguards were designed into the equipment to prevent false alarms.      The equipment installer (could be homeowner) wasn't educated enough. Poor written installation instructions. The monitoring facility should have better verified the call. There will be less dispatched alarms because (to avoid a hefty fine) neighbor or family member will respond in place of the police. Result ..... Cost savings to the city (on paper) must at some point, to be weighed against increase in crime and injury to an alarm respondent.
    No matter what you legislate ...... You can't fix stupid.
John W. Yusza, Jr., President
Monitor Controls, Inc.

Webinars Series 2020 - Register now
            We are pleased to offer the below FREE Webinars. Originally scheduled as Roundtable discussions at the ISC we are now opening up attendance in webinar format. Please sign up for one or more webinars and we hope you’ll participate in the discussion.  Other webinars TBA
            For those of you who had a Free private meetings scheduled with Ken Kirschenbaum at the ISC show, please call Stacy Spector,Esq at 516 747 6700 x 304 to re-schedule the meeting via Skype
When: March 20, 2020 at 1 PM ET
Topic:  discussion on Errors and Omissions Insurance Claims and Risk Management
Presented by:  Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum, Esq
Who should attend: owners, managers
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When: March 23, 2020 at 11 AM  ET
Topic:  discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts
Presented by:  Mitch Reitman
Hosted by:  Ken Kirschenbaum,Esq
Who should attend: owners, CFO
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When: March 24, 2020 at 11AM  ET
Topic:  discussion on Selling or buying alarm accounts and RMR issues
Presented by:  Ron Davis and Ken Kirschenbaum,Esq
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When: March 26, 2020 at 11AM  ET
Topic:  discussion on the value of quality video contracts and services
Presented by:  Sharon Elder, VP Sales, USA Central Station
Hosted by:  Ken Kirschenbaum, Esq
Who should attend: owners, COO, managers, technical staff
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When: April 7, 2020 at 12 PM  ET
Topic:  discussion on the current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies
Presented by:  Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers
Hosted by:  Ken Kirschenbaum, Esq
Who should attend: owners, CFO, managers, 
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
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516 747 6700 x 301