KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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Contract sale for 2019 updates starts today / Comment on when is leased equipment deemed abandoned
January 1, 2019
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    Happy and healthy new year to all.  I hope 2018 was a great year for you and that 2019 will be even better. Here's my way of helping you achieve that goal.  It's our annual Start The Year Off Right contract sale.  The Standard Form Agreements are all updated and ready.  Contracts purchased within past 6 months are already updated.
2019 contract updates are - ON SALE NOW – SALE ENDS JANUARY 11, 2019 3PM
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NOTICE:
    The Standard Form Agreements have been updated for 2019.  If your contracts are from 2017 or earlier you need to update.  For contracts after 2017, changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  Contracts purchased after August 2018 are already updated.  Keep in mind that our updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed and sent out after the new orders are processed.  The sale ends January 11, 2019; the sooner you order the sooner you will get the contracts.   
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notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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Contract sale starts now and runs through January 12, 2019, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 11, 2019 by 3 PM*.  This will definitely be the best deal of 2019.  Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 11, 2019, so please be patient.  When you place the order the full price will come up.  We will apply the discount manually when we process the order.


Here's the deal:
    Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
    Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $450.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    The Fire All in One with Security Rider $1250.00.  Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement  $1200.00   Save $300.00
    Nationwide DIY with monitoring.  $3500.00  Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00  Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 11, 2019 by 3 PM EST.  Orders must contain valid credit card payment.  
Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be returned or with your approval charged regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.

** Does not include consultation or modification
     What's our Guarantee policy re updates?
    Free updates within 6 months of purchase*
    Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312.  Update orders are processed after full price or discounted orders.

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Comment on when is leased equipment deemed abandoned from December 18, 2018 article
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Ken,
          You should put me on retainer for all the responses you elicit from me.  So, since you have invited me to respond to the inquiry posted on December 18, 2018, I am reprinting the inquiry below and supplying answers interspersed therein in red italics:
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Some fire alarm companies in NYC prefer to lease the fire alarm system; the subscriber never owns the system or its components or wire.  It's not uncommon for the alarm company to leave its equipment in place when the lease is terminated, hoping that the subscriber will be forced to continue the lease or a new occupant will find it more economical to enter into a new lease with the alarm company who owns the equipment.
Correct
That doesn't always happen.
Also correct.
          Assuming the original subscriber vacates the premises and the alarm company fails to remove its equipment, at what point is that equipment deemed abandoned so that anyone else can use it?  

As Ken correctly points out, there is no set answer to this.  Each case has to be analyzed for different variables, including whether or not there is access, how much time have passed and what/how many attempts has the company made to recover its property?
When does the original alarm company lose its ownership of the equipment?
It doesn’t unless and until the facts warrant a legal determination that the original alarm company truly abandoned it.
When can a new alarm company safely use some or all of the installed equipment without fear of getting sued by the original alarm company?  
Never if he is going after one of our accounts.
Would the original alarm company be able to claim it owns and can remove not only removable equipment but wiring and piping?
Yes, and as I have discussed in this column multiple times in the past, we have done so successfully many times and have legal precedent to back it up.   
Sincerely,
Another Rich and Kind Man tired of miss information and scare tactics

You may be rich but considering you are obviously trying to find a way to commit theft, I wouldn’t exactly agree on the “Kind” characterization.  No misinformation above and since when does enforcing a legitimate property right constitute a scare tactic?
Robert Kleinman,CEO and General Counsel

​​​​​​​AFA Protective Systems, Inc.
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Response
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Alarm companies who lease should consider the cost of commencing an action to recover equipment.  It may not be worth it, which is one reason we have the option to require the subscriber to buy the equipment at an agreed price that’s found in the Lease.  But you need to be using our All in One agreement for that option [unless someone copied our provision and added it to your contract].
            K&K represents many clients in areas where AFA also operates and when they lease equipment they almost always opt to sell the equipment to a subscriber who has defaulted or whose lease has expired rather than remove the equipment.

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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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THE ALARM EXCHANGE

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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
516 747 6700
www.KirschenbaumEsq.com