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 ****************************** Do you have duty to notify subscriber of end of life equipment April 22, 2026 ************************* Do you have duty to notify subscriber of end of life equipment ************************* Ken, When providing life safety devices that have a defined lifespan and eventual end-of-life, it is considered best practice to follow up with subscribers regarding replacement to help ensure continued protection. From a legal standpoint, do we have any obligation to proactively notify or follow up with subscribers for these replacements? Please keep anonymous ************************* Response ************************* The Kirschenbaum Contracts TM all have a provision dealing with this very issue. You do raise an interesting question regarding proactive notice. The Standard Form Agreements provide that end of life and obsolete equipment is excluded from a Service Plan; in other words, the replacement of that equipment would be treated as a Per Call repair. [obviously that provision can be changed after negotiation with the subscriber, or by you weekend lawyers who feel the need to make changes to the K&K Contract forms] But the question of notice that equipment might be reaching end of life is not squarely addressed in the Contracts. I don't think it needs to be or should be, and here is why. Every obligation you assume by contract creates another duty owed to the subscriber that you run the risk of breaching. While the contract should protect you from your mistakes, there is no reason to take the chance in the first place. The K&K Contracts make it clear that the subscriber has the obligation to request Repair Service. While you might get notice of some events, such as a sensor break that prevents setting the alarm, that's not the case in all situations, especially with respect to equipment that is still working yet approaching end of life timetable. Interestingly enough I had my own experience as a customer. I had a chirping sound in the house that was hard to pinpoint. After a few days I finally found a smoke detector was the cause of the chirping; it needed battery replacement. So I did what the K&K Contract required and notified the alarm company that it needed to be attended to. I suppose the situation may have been averted if the alarm company had me on a 9 year schedule to replace batteries with a 10 year life span. I think it's a best practice to offer to inspect or survey your customer's security system every few years. Advances in technology offer the opportunity to provide lots more equipment and services and sometimes it's up to you to get your lethargic customer to upgrade the system. Many can afford it and want it but are too lazy to initiate the upgrade, often until it's too late and then they will be asking why you didn't offer something new that would have averted the loss. But there is a big difference between what is a business savvy best practice and creating an affirmative duty that imposes yet another obligation that you may not perform. ************************* STANDARD FORMS 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
