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Edwards heat detectors recall / whats your liability if you ignore this recall / Central station 2020 webinars

July 7, 2020
Central Station* 2020 webinar series starts July 13, 2020.  K&K will be hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  
You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability
  *  only central stations on The Alarm Exchange will be invited to participate
Register Now for the CS webinar series: 
AvantGuard Monitoring Centers - July 13, 2020
UCC – United Central Control - July 14, 2020
Rapid Response - July 15, 2020
Dispatch Center - July 16, 2020
Statewide Central Station - July 17, 2020 
Affiliated Monitoring - July 20, 2020

Stanley Security Wholesale Monitoring  July 22, 2020

Allstate Security Industries Inc – July 23, 2020

General Monitoring Services  - July 28, 2020
Edwards heat detectors recall / whats your liability if you ignore this recall 
    I suppose manufacturer recalls in the alarm industry are not unheard of. The recall by Edwards seems to have a higher level of alert and should not be ignored. Edwards Mechanical Heat Detectors have been recalled. The only "fix" is to replace the heat detector. These detectors reportedly can fail to activate in reaction to rising temperatures, posing a risk of failure to alert consumers to a fire. The recall became official on June 17, 2020 and affects approximately 85,000 detectors. A full listing of the detectors [looks like not all are from Edwards] can be found here:
     According to the recall notice these products are used by commercial and residential customers.
         "Consumers who use the product in life-safety applications permitted by code (for example, in elevator shafts, or in lieu of smoke detectors, manual pull stations, or sprinklers in particular settings), or in residential attics or residential garages, should immediately contact a fire or security alarm professional for free replacement and installation of the heat detector."
     There are three questions you need to ask yourself: 
  * have you installed these devices
  * what steps are you going to take to notify your customers and replace the devices
  * what could happen if you don't
     These devices were perfectly acceptable when installed. In fact, in commercial settings, these devices were required per the plans and specifications prepared by the designer of the fire alarm system [maybe you depending on your jurisdiction] and approved by the AHJ [assuming there is one in your jurisdiction]. You are now on notice that the devices need to be replaced. 
     There are two possibilities to describe your current relationship with the customers for whom you installed these devices:
  * you installed and have no further involvement with the customer or the system
  * you are under contract to provide some post-installation RMR [hopefully RMR] services, such as monitoring, repair plan and inspections.
     If installation completed your involvement I suggest you send a letter to the end user advising of the recall. Regular mail is fine and you obligation stops there. If a request is made to replace the devices the customer must sign a Fire All in One, at least for "per call" repair service. You are not under obligation to replace the devices unless you provided a warranty which has not expired.
     If you are under contract for RMR services you should notify your customer of the recall. Someone has to pay you to replace the device, either the manufacturer or the customer, and you need to determine that before you end up in a dispute with your customer. The devices would be covered by an unexpired warranty in your contract. 
     What about the service plan? Well that covers ordinary wear and tear, not manufacturer recall. This is a tough call. The Repair Service Plan covers ordinary wear and tear, and have many specific exclusions, but manufacturer recall is not one of them [yes, we will be updating the Residential All in One and Commercial All in One to now cover this]. Best option here is to require the manufacturer to pay for the replacement. Anyone have any word on that? I seem to recall that some manufacturers don't think it's their responsibility to pay their dealers to replace devices. Comments please?
     What about liability? You will certainly be accused of negligence and breach of contract if you fail to notify your customer of the recall if the loss can be traced to the recalled device. Your obligation probably ends with your notice to the customer, especially if the customer doesn't want to give you access to replace the device or pay you for the service. If you have the Commercial Fire All in One or Residential All in One you will be protected against negligence and breach of contract claims, but not gross negligence. Is failure to notify your customer under these circumstances "gross negligence"? Probably not, but I suggest you not take the chance.
     I want to thank fire alarm expert Joe Hayes for bringing this to my attention. Joseph Hayes is listed on The Alarm Exchange in the Technical Support Category

Central station 2020 webinars
            Our central station's webinars begin soon.  Register now.
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and, with some pressing, what you can expect to pay.  The webinars are starting July 13 and the central stations are lining up to participate.  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:

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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