Sign up for the November 12, 2014 - Statewide Monitoring Webinar
register herehttps://attendee.gotowebinar.com/register/339270067719231489
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WEBINAR NOTICE:  The Central Station series  
Why you should use our central station
see schedule below for presentations
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FIRE ALARM COLLECTION ISSUE
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Question:  
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    Here's the situation: We installed a fire system at a local restaurant in NYS; customer never paid; we suspended monitoring, sent the account to collections (over $10k owed)and notified the fire marshal; customer was subpoenaed twice and failed to appear in court; meantime, customer got another alarm company to take over our system and monitor; fire marshal was satisfied they had a monitored fire system so never shut them down.  
    Question: Do we have any recourse against the other alarm company for taking over a customer still under contract with us?  What's the use of threatening fire marshal action when we suspend service for lack of payment if the fire marshal won't shut them down or enforce a subpoena?  I'm betting we just have to take this one on the chin, but it's maddening
LS
NY
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ANSWER
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    You haven't provided enough information for me to advise you if you have a potential meritorious claim for tortious interference of contract against the new fire alarm company.  My guess is you don't have a claim.  Why?
    Well, it's not so much why you don't have a claim as to finding support for why you do have a claim.  This subscriber didn't pay you and you suspended service.  It undoubtedly reached out to another alarm company who took advantage of the break down of your relationship with the subscriber.  Doesn't sound like the other alarm company was the cause of the subscriber's failure to perform it's obligation [which was to pay you]. 
    You are not without recourse.  You've sent the subscriber to "collections".  Presumably you will be able to pursue the subscriber.  You're a franchise of a national company that decided to use its own form of contract rather than the Standard Form Agreements, so I can't tell you what rights you may have or the likelihood of success.  Had you used the Standard Fire All in One, which was the appropriate contract for this transaction, you would have the right to file a UCC statement creating a lien, you would be able to pursue the claim in fast track arbitration, and most importantly, you would have been able to send the "collection" to my office, where you likelihood of recovey would be excellent. since we have the largest and most experienced alarm collection department staffed by 5 attorneys and 5 paralegal support staff - all trained and devoted to alarm collection matters.  [presently in NY and NJ,  We are expanding into CT very soon].  
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QUESTION:  RESIDENTIAL CONTRACT
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Ken,
    We have purchased quite a few of your contracts and we are very satisfied.  However, I've recently come across some customers that are overwhelmed with the length of the contract.  If I am not offering a Service, Inspections, Runner Service or Guard Response can I delete these sections?   
    Also, can you please explain the proper steps if a subscriber would like to cancel?  Is there an early termination clause?  When asked, I described it to my customer like this: 
    "In regards to early termination: We handle this just like every other Alarm Company.  If the account has gone in to default and/or terminated by our customer, we are entitled to 80% of the remaining anticipated monitoring changes. This is described in Section 25."
    Was I correct?
    Thank you very much for your help,
Dan 
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ANSWER
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    I'm surprised your subscribers are actually reading the contract long enough to be overwhelmed.  Are you sure you're not the one who is overwhelmed?  Neither of you should be since the contracts are written in clear understandable language.
    The Standard Form Agreements are all provided in Word and sent you electrncially. You permitted to modify the contract or call us to make changes,  However, before you eliminate a service be certain that you don't offer that service - you don't want to be providing a service without a contract.  I can understand that you may not offer runner or guard service, but you are likely providing service, and in that case you need the Service part of the contract.  By leaving in some of the services, such as guard response, you are also alerting the subscriber to that service.  I am sure you could arrange for it through a subcontactor if the subscriber wanted it and was willing to pay for it.  Additional services are covered by the Disclaimer Notice, which I hope you are using.  
    Regarding your question of "early termination", the Standard Form Agreements do not sanction "early termination"; it would more correctly be termed "breach of contract" and the contract spells out the consequences for breach of contract.  You were right in referring your subscriber to that provision.  If you're in NY or NJ next step is sending the matter to me for collection.  We support the Standard Form Agreements through collection if necessary for NY and NJ clients.  To become one of our "collection clients" and receive our Commence Litigation form please contact our Supervising Paralegal, Alarm Division, Maria Contreras at 516 74  00 x  320 or email her at mcontreras@kirschenbaumesq.com
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New York Alarm License Course - sign up now
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Metropolitan Burglar and Fire Alarm Association of New York, Inc.
PO BOX 54, Brooklyn, NY 11204-0054
PHONE: (718) 894-6712 Fax: (718) 228-7940
e-mail: mbfaa.ny@gmail.com

WWW.MBFAA.COM

 

New York State
APPROVED 81-HOUR
ALARM LICENSE COURSE

New York City / Long Island
Convenient to all of New York State and neighboring states!
NEW YORK STATE PROPOSED CHANGES TO ALARM LICENSE LAW MAY REQUIRE
1099 SUBCONTRACTORS - NON W-2 EMPLOYEES
CABLING COMPANIES - NETWORKING COMPANIES
TO HAVE THEIR OWN ALARM LICENSE
GET YOURS NOW - DON'T WAIT FOR THE LAST MINUTE RUSH!


REGISTER NOW - CLASSES SELL OUT!

Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems
(given by the Metropolitan Burglar and Fire Alarm Association of New York, Inc. an Approved New York State - Department of State - Educational Provider)

NOVEMBER - DECEMBER 2014
Saturday, Nov 15 - Sunday, Nov 16
Saturday, Nov 22 - Sunday, Nov 23
Saturday, Dec 6 - Sunday, Dec 7
Saturday, Dec 13 - Sunday, Dec 14

WEEKEND (Saturday and Sunday) CLASSES SCHEDULED
Four (4) Weekends. You lose no work or business time during the week!
You must attend all Four weekends!

WWW.MBFAA.COM

 Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
PO Box 54, Brooklyn, New York 11204-0054
(718) 894-6712 o7 eFax (718) 228-7940
e-mail mbfaa.ny@gmail.com o7 web site www.mbfaa.com

 

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                                          WEBINAR ANNOUNCEMENTS
                                             The Central Station Series
                                         Why you should use our central station
                                            Sign up for each presentation
Each Webinar will cover:

  • territory covered by cs 
  • types of alarms cs equipped to handle or specializes in 
  • description of cs facilities and equipment; redundancy of more than one location 
  • general policies on handling alarms 
  • what makes your cs stand apart from others 
  • pricing - why your cs charges what it does and special deals if any 
  • contracts the cs requires

                   Sign up for each presentation.  All Start at 12 noon EST to 1 PM

November 12, 2014 Statewide Monitoring
https://attendee.gotowebinar.com/register/339270067719231489

November 13, 2014 - Centra-Larm Monitoring
https://attendee.gotowebinar.com/register/3930780819384477185

November 20, 2014 - AvantGuard Monitoring
https://attendee.gotowebinar.com/register/2150841918496668162

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                                                 Speaking Engagements

If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.