KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Contract Sale on Now - order today and avoid delay / Dealer providing monitoring for another dealer's customers
January 2,  2025
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K&K Contract sale 2025 now through January 10, 2025
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THE SALE RUNS THROUGH JANUARY 10, 2025.  
         30% off all contracts and forms
Join the Concierge Program before you order contracts and get additional 10% discount.  Join here: https://www.kirschenbaumesq.com/page/concierge
Order contracts and forms here: https://www.kirschenbaumesq.com/page/alarm-contract
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NOTICE:
    The Standard Form Agreements have been updated for 2025.  Check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Because of this year’s deep sale discount these contracts will have free or discounted updates. The sale ends January 10, 2025; the sooner you order the sooner you will get the contracts.  Please do not call requesting priority unless you are a Concierge Client or have paid for expedited service.
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How to order: order at www.alarmcontracts.com - ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Clients receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount and you should take advantage of this program.
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    Contract sale runs through January 10, 2025. This will definitely be the best deal of 2025. When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only. Just order what you need - we will check and apply the proper discounts.  THIS IS THE BEST SALE EVER and available for limited time. No more confusion about discounts; it's simple: 
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Dealer providing monitoring for another dealer's customers
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Ken
            A small company has approached us about doing the monitoring for some of their clients as they are not interested in monitoring.  We’d be essentially monitoring their security systems that they installed and maintain.          We supply security systems and monitor them using a central station in Calif.  The central station monitors our clients, which we have on contract using K&K contracts. 
            I’m a little apprehensive since we’ve never done this and it feels a little weird to be taking on someone else’s hardware and installation. I am pretty sure this is a bad idea; let me know your thoughts.
Aloha,
Mike
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Response
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            This really isn't too different than a "take-over" of someone else's system.  I'm not sure why the company doing the installation doesn't want to contract for monitoring and then subcontract it out to a professional central station, as you do.  But if they are installing and "maintaining" they are not likely using Kirschenbaum Contracts, and that's a problem for you if you "take-over" the account.  I come to this conclusion because none of the Kirschenbaum Contracts mentions "maintaining".  Its repair service and inspection. 
            If this other company used a Kirschenbaum Contract, in this case the All in One [either commercial or residential] you would be able to agree to monitor, as the company's subcontractor, and you would in turn subcontract to a central station, who in this case would be a sub-subcontractor. 
            If the company is not using a Kirschenbaum Contract then you need to enter into a direct contract with the end user.  You would use the All in One, obviously not utilizing the sale and installation part of the contract.
            In this case you would make note in the contract, in the Schedule of Installation and Services that the system was installed by another and is being serviced by another.  You would also use the Disclaimer Notice, which has many uses, one of them when you have a take-over.
            What makes your situation a bit different is that the other company is doing the installation and continuing the provide repair services; you are only doing the monitoring so you will likely have little or no interaction with the customer.  I can't imagine why this other company would continue with this arrangement and not contract for the monitoring itself.
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements
 click here: www.alarmcontracts.com
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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.
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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