fire alarm contracts and retaining ownership of the communication devices - May 31, 2012

fire alarm contracts and retaining ownership of the communication devices  

    May 31, 2012

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Question and comment
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Ken,
    Regarding the Fire All In One contract you mentioned to Dave, the communicator belongs to the contractor.  What about if the communicator is an integral part of the fire alarm control panel?  One can’t remove the dialer without disabling the system. 
Ray
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Comment
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Ken-
     Further thoughts regarding Dave's issue [May 15 2012 article]; seems to me that if he had the right to terminate service under the contract with the subscriber, once he notified the subscriber and the AHJ of termination of monitoring services he needs to stick with that; otherwise issues may arise if there is a subsequent problem whether or not there was a contract (and its limitation clause) still in effect, or whether he was rendering this service on some other basis, i.e. oral contract or handshake or? as he gave notice of termination; also, not sure why the subscriber couldn't get another alarm company to come in and replace the panel if need  be; in any case that is the former subscriber's problem, not the alarm company's. 
Regards
Dennis Stern,Esq
Kirschenbaum & Kirschenbaum PC
CONTACT DENNIS STERN
(516) 747-6700, ext. 323, or  (203) 536-9957
DStern@kirschenbaumesq.com
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Response
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    The Standard Form Contracts all provide that the alarm company retains ownership of the communication device, which includes the communication software.  This is by design.  Alarm companies want to retain the ownership, giving them more rights and control over the communication system.  If a subscriber relationship ends, for whatever reason, the alarm company wants to terminate the communication to the central station,  Another reason is to subtly encourage subscribers to pay their bills and continue to do business with the alarm company, or incur the expense of new communication system that would have to be installed and programmed with the alarm system.

 
    Dennis' comment is worth noting.  When you decide to terminate service you should do it definitively and unequivocally.  That means setting a date and time when service will terminate, not give any conditions to reinstate, and then terminate at your designated time.