KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on challenge to fire alarm contract / Does K&K represent sellers
December 16, 2020
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Comment on challenge to fire alarm contract from December 9, 2020 article
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Ken 
            My simple response to those kinds of customers is that I am not their insurance company.  We are their Alarm Service Provider you are paying for our monitoring and service;, for our low fees we cannot be your Insurance Provider.   
Dennis Riley
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Response
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            Perhaps we in the alarm industry have become too accustom to the liability issue or too callus to consider the perspective of the customer, who wants to know, why am I paying you if you disclaim any responsibility for your services, including your negligent performance or even your non-performance?  
            It’s a good question and it deserves a better answer than “we’re not your insurance company”.  There are lots of reasons alarm companies are not insurance companies and don’t want to end up in the same place as an insurance company when a loss occurs.  
            One point I tried to make in my prior response was that every alarm company is going to get some push back from potential customers regarding the contract terms and conditions.  The alarm company who sent in the question on December 9 , 2020 started by stating it had never had a challenge to its contract.  I was surprised because I think challenge to the contract is probably common and experienced by every alarm company.  Depending on the business model some alarm companies will make changes to the contract and some won’t.   The K&K Concierge Program is designed to deal with customer contract challenges, providing a free half hour consult for contract review and negotiation each month.  This should encourage alarm companies to engage their customers in negotiation rather than refuse to negotiate and lose the customer, or worse, just give in and accept the changes and assume unacceptable risk.
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Does K&K represent sellers
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Ken
            I don’t know if you represent sellers, but if you do I’d like to setup a call to discuss details. We have XXX accounts which almost all of them are interactive services with alarm monitoring.  We use alarm.com as our platform and XYZ Monitoring as our central station.  I look forward to hearing from you.
Regards,
Name withheld
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Response
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            Yes, K&K represents sellers and buyers in the alarm industry [and other industries].  Though K&K does a lot more than alarm industry law, we do just about everything involving the alarm industry.  Besides our legal representation we also make available, at no charge, The Alarm Exchange, where a seller or buyer can look for an interested party. 
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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