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Disclaimer Notice / Canceling customer gives notice prematurely

June 13, 2022
Disclaimer Notice
          I have quick question on the additional equipment Disclaimer Notice.   There are 2 spots at the bottom for a signature.  Should I be signing on one line or is that just for the customer?
Thank You!
Anthony F
          The Disclaimer Notice is not a contract; it’s an acknowledgment by the customer that additional issues were discussed. The issues involve more security equipment and services, deficiencies in the system design that the customer insisted on and deficiencies in existing systems that the new alarm company is taking over.  Only the customer signs the Disclaimer Notice.
          I recommend that the Disclaimer Notice be used on every sale and if it’s an existing customer any time there is an update made or recommended to the existing system.
Canceling customer gives notice prematurely
          We signed agreements in January with a subscriber; now they want to cancel.  Reading their email it seems like they think they can cancel any time on 30 day notice or that they are at the end of their 10 year term and are giving 30 day notice to cancel.
          I did not want to reply without your advice.
Thank you,
          Your commercial subscriber has indeed misread the Commercial Fire All in One, which calls for a 10 year term; they are only into the contract for 6 months.  The language in the All in One agreements is not ambiguous; it’s quite clear.  The consequences of a breach by the subscriber is also quite clear.  The Legal paragraph calls for 100% of whatever is owed to date and then 80% of the balance of the contract. 
          It is probably a good idea to respond to the subscriber pointing out the contract and its pertinent provisions.  It does appear that the subscriber has misread the contract, believing that it can cancel on 30 day notice, which would be the case if the contract was in month to month renewal. 

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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