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 whitelist ken@kirschenbaumesq.com ****************************** Contracting for mixing sale and leased systems July 28, 2022 ************************* Contracting for mixing sale and leased systems ************************* Ken We want to sell and install come of the equipment for a commercial security system but lease other components. Which contract or contracts should we be using? Name withheld ************************** Response ************************** While many provisions in the Commercial All in One [for sale and installation] and the Commercial Lease All in One are identical, there are many provisions that are not similar because you have two distinct type of transactions, sale and lease. If you are intent on using only one contract then you’d have to opt for the Commercial Lease All in One. That agreement does call for an installation charge and you can cover the equipment to be sold in that charge. The Schedule of Equipment and Services would state that certain equipment was being sole while other components are being leased, always to remain the property of the alarm company. I am comfortable with the single agreement only if your Lease terms include Service. If it doesn’t then we’d have to deal with the Limited Warranty on the sale equipment. Since you’re providing Repair Service to the entire system that will be broader than the limited warranty on a sale. If you are not stuck on one agreement then use the Commercial All in One for the sale equipment and the Commercial Lease All in One for the leased equipment. The after-install services, monitoring, service, inspection, will be checked in the Lease and the RMR will be covered in the Lease. As a Concierge Client you’d get a monthly contract review credit of half hour that you could apply for this type of assistance and advice. **************************** To order up to date Standard 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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
