KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Comments on anti-trust behavior / If owner of business dies can you cancel a contract March 23, 2021 *************** Comments on anti-trust behavior ***************** Ken This is the "Gene" antitrust act. I will talk about pricing to whoever wants to talk with me about pricing. If you don't want to talk about pricing I will not force you to listen or to participate in the conversation. You have the right to walk away or object to me talking about pricing. I will listen to reason as to why I should not talk about pricing but reserve the right to ignore your objections. You do not have the right to try to force me to not talk about pricing. I also reserve my right to defend myself to whatever degree you try to force me. If we are in a venue that you control I will leave and not try to force you to listen to me. I believe that most or all of the above is written or implied in other words in the Constitution of the United States of America and the Bill of Rights Gene Reliable Alarm ****************** Ken: There was an industry case that went to the Supreme Court that had something to do with a monopoly. Maybe you heard of it? US vs Grinnell. I’m pretty sure there was price fixing as, if I recall correctly, ADT would charge high prices where it had no competition and low ball where there was competition. Name withheld ****************** Response ******************* Price fixing and establishing an artificially high market to stifle competition is a far cry from people in the same industry discussing how to structure their business and learn how to price jobs. We aren’t going to train people to go into the alarm industry and teach them everything except how to figure prices for services. How are they expected to learn without coaching, and there is a great deal of coaching and educating going on at the association meetings and newsletters. ******************* If owner of business dies can you cancel a contract ******************* Ken Business owner died and business wants to change alarm companies; since the signer passed away can the business consider the contract canceled? Thank you, Anon ************************ Response *********************** Another perennial question. Death does not cancel your taxes, your debt, your property rights, your need to perform the alarm contract and, for all your alarm company owners, the need to keep your contracts updated. Most businesses are owned and operated by a legal entity authorized by the state, such as a corporation or limited liability company. These legal entities operate through their officers and members. The death of an officer or member does not vitiate the contract; the legal entity remains liable to perform the contract. You cannot decide to simply cancel your alarm customer just because the officer who signed the contract dies. Of course the contract can provide for such contingency, in which case the terms of the contract will govern. But even the death of a sole proprietor who signs an alarm contract does automatically terminate the contract; his estate remains liable. If the business is sold presumably creditors of the business, including you, should get paid. ********************* To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
