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Guarantor signature line / More on cameras from China / should you allow high risk employee to work
April 9, 2020
Contracts needed
          I am starting a new special systems company and am wondering which contract would be the best fit. I will be installing, selling and servicing Fire Alarm, Security, Access Control, CCTV, DAS and network cabling. I will not be offering monitoring services. Please advise.
          We should first address your statement you won’t be offering monitoring.  That is not accurate.  What you mean is that you won’t be doing the monitoring; you will subcontract out to a wholesale central station, preferable one you found on The Alarm Exchange.  You will in fact be contracting for the monitoring and invoicing your subscribers for monitoring along with your other services.
          Fire and security are included in the Residential All in One.  I use the term security to include all electronic detection security services other than fire, so it includes access control, cameras, environmental detection devices, intrusion, panic and even PERS for panic situations, but not medical alert [there is a separate contract for PERS medical alert]
          The Commercial Security All in One is for all security but no fire.
          The Fire All in One is commercial fire, no security.
          When you get the All in One be sure to get the Disclaimer Notice
Can I buy a service contract from a stationary store or on-line promoter? 
          I see advertising by Security Sales and Integration [print and electronic] advertising Service Contracts.  The advertisement doesn’t indicate if this service contract is prepared by a lawyer.  Do you recommend them?
          I don’t recommend them and I don’t think SSI is recommending them either.  SSI is merely accepting advertisement from whoever wants to pay for it, which I think is ill-advised and not in the best interests of the alarm industry, but business is business.  You cannot provide any service in the alarm / security / fire / pers industries without proper contracts.  These contracts are prepared by experienced and skilled attorneys expert in contract law as it pertains to the alarm industry.  There are state and federal laws that affect many different provisions in the contracts.  You can’t buy these contracts from a stationary store.  Well you can, if you’re stupid.
          K&K has been preparing Standard Alarm Contracts for 40 years.  These forms are the gold standard in the alarm industry, recognized by insurance companies, central stations, third party vendors and potential buyers of alarm accounts.  
          Your contracts are your most important commodity in your business.  Don’t take chances. 
What does service include
          The All in One contract has a service provision in paragraph 7- what does this include?  
          If we wanted to offer an agreement that would include the replacement of parts once defective or end of life (cameras, recorder, access control, not necessarily alarm), how can we word it and would we be left with any exposure?
          Would offering to log in once a week and check the cameras displaying and recording properly expose us to any more liability?
name withheld
          The All in One agreements offers an option for repair service.  One option is “per call”, a pay as you go provision.  There are no limits in repair service here because the subscriber is paying for the repair, parts and labor.  By the way, don’t use this provision for a new or even substantial sale and installation; for that use a new All in One to cover the sale and installation, and update the contract.
          The other option, the one you are asking about, is a repair service plan.  The subscriber pays a monthly amount in exchange for repair service.  This option creates service RMR adding value to the contract and your company.  The repair service under this option is for ordinary wear and tear and does not cover end of life or even parts no longer supported by the manufacturer or available.  You can of course change the terms of the repair service plan to encompass any services you wish.  Just be careful because you may come to regret what you wish for.
          Checking on camera performance is not part of the repair service plan.  That would be covered elsewhere in the All in One under the monitoring services and you would detail your services in the Schedule of Equipment and Services.  
          Every service you provide or offer to provide increases your risk of exposure.  That’s perfectly fine if you understand the services you are offering, perform carefully and insure against potential claims and loss.

Reaching K&K during the lockdown
     During this crisis the most efficient way to reach our attorneys is via email.  You can also call and if not picked up, leave a message and your call will be returned promptly.
    Here are a few departments to contact directly:
alarm / security / pers / fire department:  Ken - or call and leave a message with return number at 516 747 6700 x 301
health care professionals:  Jennifer Kirschenbaum,Esq 516 747 6700 x 302;
alarm licensing:  Alison Gallub,Esq 516 747 6700 x 317; or Eileen Wagda, Licensing Administrator, 516 747 6700 x 312
Employment issues:  Kieran Bastible 516 747 6700 x 315; or Jennifer Kirschenbaum,Esq
Concierge Alarm Clients have full access through our Concierge Program Coordinator, Stacy Spector, Esq  516 747 6700 x 304 or 
Collections:  [courts are shut down at this time, so don't expect much progress.  We will however continue to prepare papers on our end so that we will be ready when the courts normalize]  Kathleen Lampert  516 747 6700 x 319
Pending litigation:  Caroline Wallet,Esq  516 747 6700 x 305 and Maureen Biel,Esq 516 747 6700 x 303  MBeil@Kirschenbaumesq,com
Bankruptcy and debt collection issues:  Steve Sheinwald,Esq  516 747 6700 x 309 or Scott Dillon,Esq  516 747 6700 x 318

To order up to date Standard Form Alarm /  Security / Fire and related Agreements, click here:
You can check out the program and sign up here: or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
NOTICE:  You can always read our Articles on our website at
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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