KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on Non-compete / Liability issues Regarding Fire Alarm Panels Part 2 / ISC meetings
October 8, 2024
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Schedule your free private meeting with KK at ISC East
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If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. Concierge Clients will have priority.
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comment on Non-compete from article on September 16, 2024
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Ken:
I just HAD to chime in on this one…….
Salesman left me as I would not pay him under the table AND found him selling my leads for my brother’s company (of blessed memory). Yes, I had a brother who decided to compete against me (that is a totally different sordid JoeStory). He then started going to existing subscribers and stated he quit when he discovered I was installed ‘used’ equipment (huh!!!, brand new in the box equipment but ‘used’???).
I quickly got him in court and the judge admonished him not to try to ignore the non-compete any longer or risk jail time. THEN, in open court he admitted my brother was NOT paying HIM for the sales he was making but paying the girlfriend as to not have the IRS notified HE was making money. AND, that THOSE funds could be attached from my brother’s firm. Guy could have been well off if he had stuck to the straight and narrow as he had a very ‘likeable’ character!
So, as a friend once told me – This is AMERICA, where YOU ARE FREE! AND FREE TO MAKE STUPID MISTAKES like not having the right paperwork in place!!
PS: Your concierge service was recently well worth having! Your legal advice (and I appreciate the very PROMPT response!) was MOST appreciated about needing to obtain a BRAND NEW agreement with the account we cancelled for non-pay. They started to balk at a brand new agreement and were informed our legal advisor informed we were mandated to do so and if not then to go somewhere else. They signed and I’m HOPEFUL they will realize the fire alarm monitoring is a lot cheaper than paying for the Fire Watch of having someone walk the halls 24/7. PS: The system has over 300 zones on it!
Your humble scrivener…………..
Respectfully,
Joseph Pfefer
Joseph (Joe) Pfefer
Founder & C.E.O.
(Chief Encouragement Officer)
Jade Alarm Co.
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Response
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Thanks for sharing. Non-compete agreements are essential in the alarm industry, as in most others. Even the person answering the phone has access to your customers, their phone numbers, their gripes, what they pay, etc. You don’t want that person walking across the street to someone you’ve been competing against for 10 years or 10 minutes.
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Liability issues Regarding Fire Alarm Panels Part 2
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Reasons:
In my view point there is no such thing as an Act of God. Lightning has always been a villain to fire alarms nationwide, actually worldwide. Many fire alarm dealers see this as an act of Act of God, have been happily repairing fire alarms three or four times a month or a given summer.
We call this in the business of fire alarms an opportunity of reoccurring revenue. There are some prime suspects of motivation of profit especially if the bidding war is practically giving the panel away. However, all fire alarms of all makes & sizes are not immune to this problem. The technology exists, & the knowledge does exist to stop this problem. I am referring to UL 864, UL 1449 5th edition, UL 497, NEC code 250, specifically for mitigation and mention by NFPA 800 NEC code 250.94, NEC code 230.67, & of course NFPA 800. I have to assume, that sometime in the future there will be corrective measures in the code book dealing with sprinkler systems grounding differentials which is pandemic. In this case NEC code 250.94 does cover this area for mitigation. Now think about this act of God issue.
This is one area that a Lawyer does not want to deal with. It has to be a 100% win, win before they will look at this. However, a Lawyer with a dual degree in Electrical or Electronic Engineer can make a win-able case. It can be expensive, but win-able. Everything has to line up properly, and all the mistakes must be proven. However; if we have loss of life caused by the lack of use of surge suppression, or improper NEC code violations or even UL864 violation, or anything mentioned above and is proven to be true, this win-able case could be up to 6 million damages usually settled before a trial.
John Pecore, BSEET, MBA,
Stormin Protection Products Inc
www.firealarmprotection.com
Power Quality Engineer in the Life Safety Industry
889 NE County Road 225
Lawtey FL. 32058
727-823-6100 x 1
Jpecore@earthlink.net
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Response
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John, probably best you stick to the technical side and leave the legal issues to someone with a law license. Don’t confuse by your internet search with the opinion of a licensed lawyer [hopefully one with malpractice insurance]
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Featured Listings for Alarm Accounts for Sale
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K&K, as you hopefully know by now, has been very active representing alarm companies sell their business and accounts and brokering the sale [at well below market commission rate – K&K rate is one month RMR, about 3%]. Listing with K&K gets you the widest promotion in the industry through The Alarm Exchange. For the most economical and expert advice in selling [or buying] alarm accounts contact Ken Kirschenbaum, Esq.
The following are K&K featured listings: Call today if interested [K&K NDA will be required for further information]
For Sale: Poughkeepsie, NY. Number of accounts 1580; Residential 30% or 471 accounts; Commercial 70% or 1109 accounts, RMR for Inspections $9,798, RMR for Service $17,345; Central Station Safeco and Affiliated Monitoring; Central Station monthly $15,414; Number of techs 7; Employment contracts No; Accounts are concentrated in Dutchess County NY; Equipment Honeywell Firelite Hikvision Unifi CDVIC; Panels Honeywell Firelite Silent Knight; Software Compass Silent Knight Software Suite HSS Strium Finder Napco Quick Loader. Contact Ken Kirschenbaum,Esq at 516 747 6700 301 or Ken@Kirschenbaumesq.com if serious buyer ready to close within 30 days.
For Sale: Nassau County, New York. approx 221 alarm accounts. residential 190; commercial security and fire 31; RMR approx $13,230.00 [res $8844; comm security and fire $2118; Inspection RMR $2268; Resideo / Honeywell; some Radionics. Vista 20P / Vista 128BPT. Most accounts on updated K&K contracts. Contact Ken Kirschenbaum,Esq at 516 747 6700 x 301 or Ken@Kirschenbaumesq.com. K&K NDA will be required for more information.
For Sale: New Jersey. 90 alarm accounts, 43 residential; 13 commercial security; 29 commercial fire. Central Station: Rapid Monitoring RMR $4100 net; fire inspection RMR $1740. Equipment Honeywell, System Sensor, and M2M; Honeywell panels; one Napco account. Accounts throughout NJ; all on K&K contracts. Contact Ken Kirschenbaum,Esq if interested. 516 747 6700 x 301; Ken@Kirschenbaumesq.com; K&K NDA will be required
For Sale. Phoenix area, Arizona, 181 alarm monitoring accounts [115 res; 66 commercial; commercial fire 5]. Net RMR $4700.00; DSC panel and equipment; Microkey softrware. Older contracts for most part. K&K NDA required for more information. Contact Ken Kirschenbaum,Esq
at ken@kirschenbaumesq.com or 516 747 6700 x 301.
For Sale: Cincinnati, Ohio 375 accounts. 50% commercial fire and some with security and 50% residential; on K&K contracts; approx. $15,000 RMR. Owner, NICET IV and CFPS, available for transition and training. Standard equip used. Contact our attorney Ken Kirschenbaum for further details, which will require K&K NDA. 516 747 6700 x 301 or Ken@Kirschenbaumesq.com
For Sale: Lewisburg, West Virginia. Alarm accounts [K&K contracts]. # of accts: 338 % res: 74%; % comm sec: 20%; % comm fire: 6%; RMR for inspection or service:all per call. RMR monitoring: $9872; cs:Security Central, Statesville, NC. On segregated lines; Accts concentrated: Greenbrier County; equip used: Panel: QOLSYS IQ4; software: Mobile Tech, Alarm.com. K&K NDA required for more information. Contact our attorney Ken Kirschenbaum for details. 516 747 6700 x 301; Ken@Kirschenbaumesq.com
For Sale: Shrevesport, Louisiana over 1300 Alarm accounts; residential and commercial, over 45K RMR monitoring accounts; Kirschenbaum Contracts. mid-sized turn-key operation fully staffed with RMR and growth. Contact our attorney Ken Kirschenbaum,Esq for details. Ken@Kirschenbaumesq.com or 516 747 6700 x 301
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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