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free book offer from Jay Stuck / Comment on limitation of liability case / Retaining paper contracts 
January 13, 2021
Free book offer by Jay Stuck – get it today on Amazon for FREE
            Alarm industry veteran Jay Stuck has a great way to begin the New Year, a free book hot off the press.  Beginning January 13th through January 15, 2021, Jay is making his new book, The Plus, available to everyone on this forum.  Search Jay Stuck, The Plus on Kindle for the e-book download.  
            Use this link to get the book.
            Please order this book and please give Jay a great review once you’ve read it.  
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Comment on limitation of liability case from January 6, 2021 
            Interesting comment on the topic of Limitation of liability and defending claim case analysis in your Wednesday, January 6, 2021 column.  I especially liked the part where you mentioned that, although the limitation of liability terminology was on the back of the Contract, the Defendant’s attorney only sent the front in discovery.  
            This reminded me of an issue that we frequently encounter when doing acquisition due diligence.  Many Sellers (far too many) scan their Contracts and shred the originals but they only scan the front of the agreement.  The reasoning is that the only information that “differs” is the customer, rate, and term information on the front, and that is the only information that the Company needs on a day-to-day basis.  The problem with this is that the Customer may have made an alteration or change on the back of the Agreement and we would never know.  At a minimum, the Seller no longer has the complete Contract.  This frequently presents a huge issue and has hung up several transactions and added to due diligence issues. 
            Scanning Agreements is fine, in fact, it is a great idea, but hang onto the complete Contract.  And, make sure that the Contract that you keep is a well written, legally enforceable, and marketable, contract, like Ken’s. 
 Mitch Reitman
 Reitman Consulting Group
Fort Worth, TX
Retaining paper contracts
            We want to go all digital in storing all of our client paper work including the contract.  Is there a requirement that requires us to keep paper copies on hand?
We are backing up to 2 separate electronic storage sources.
            It doesn’t hurt to keep the paper original but it probably defeats the purpose of digitizing the contracts. It’s not necessary to retain the paper, but it is essential that you scan every page of the original contract and all exhibits as a single document.
            In case you forgot, your contracts are the most important business asset you have.  Your health and happiness are also important assets, but you can’t sell them.  
  *  Make sure your contracts are current and updated.
  *  Make sure every subscriber signs a contract.
  *  Make sure you retain every contract, the entire contract
  *  For residential, make sure you use the cancellation notice

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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