KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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hostile takeover / contract sale - don't delay your order
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312. Update orders are processed after discounted or full price orders.
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hostile takeover
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Ken,
A customer called and stated he needed to cancel services with us because he wants to consolidate his bills and another alarm company has already installed a new system. He denied that there were any issues with our company. I informed him that he signed a contract (your Residential All in One) on 9/15 for a 5 year term. He responded “Well where does that leave us now?” I told him that I would speak with the owner and someone would be in contact with him.
The customers log was showed an AC code (loss of power-someone unplugged the transformer from the wall) but the panel is still sending signal.
The owner spoke with the customer and asked if there was a problem with service which the customer denied. Customer again said he is trying to consolidate his bills/service. He was told there are 31 months left on his contract. He said well "I guess you're going to have to keep billing me then." We did not disconnect service as the customer said to keep billing and his panel is still sending signal.
The customer called the on call the next day and said that his system was displaying a low battery on the panel. He was asked if the transformer had been unplugged. Customer said that he had unplugged it because he wanted to disconnect services with us and that he would call back to do that on 12/26/17.
The customer has paid for services until 2/1/18 and wants us to go to his home to disconnect his services. If we disconnect services are we agreeing that he no longer needs to pay for the remainder of the contract? Is the other alarm company responsible for installing a system and beginning services knowing our alarm is active?
Anonymous
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Response
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The subscriber was perfectly within his rights to have another alarm company install equipment and provide services. That, however, doesn't get him off the hook on your contract. You need to be careful not to do anything that leads the subscriber to believe you permitted early cancellation without causing a breach of the contract.
By unplugging the system the subscriber has already committed a technical breach of the contract, because the All in One prohibits tampering with the system. This subscriber is no doubt in breach because you haven't been names as an additional insured on the subscriber's policy. Despite these defaults, I would not go after the subscriber just yet because you may continue to get paid.
So you have choices:
hostile takeover / contract sale - don't delay your order
January 2, 2018
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2018 contract updates are ready - ON SALE NOW - see sale announcement
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NOTICE:
The Standard Form Agreements have been updated for 2018. If your contracts are from 2016 or earlier you need to update. For contracts after 2016, changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We started adding the updates several months ago so you may be up to date if you purchased after September 2017. Keep in mind that our updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed and sent out after the new orders are processed. The sale ends January 10, 2018, so please be timely with your order.
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notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
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Contract sale runs through January 10, 2018, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*. This will definitely be the best deal of 2018. Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months. Updates will be prepared and sent out after the new orders are processed. The sale ends January 10, 2018, so please be patient.
***************
2018 contract updates are ready - ON SALE NOW - see sale announcement
******************
NOTICE:
The Standard Form Agreements have been updated for 2018. If your contracts are from 2016 or earlier you need to update. For contracts after 2016, changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We started adding the updates several months ago so you may be up to date if you purchased after September 2017. Keep in mind that our updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed and sent out after the new orders are processed. The sale ends January 10, 2018, so please be timely with your order.
******************
notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
*******************
Contract sale runs through January 10, 2018, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*. This will definitely be the best deal of 2018. Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months. Updates will be prepared and sent out after the new orders are processed. The sale ends January 10, 2018, so please be patient.
Here's the deal:
Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider. Save up to $450.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $500
The Fire All in One with Security Rider $1250.00. Save $400.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $800.00
Qualifier Agreement $1200.00 Save $300.00
Nationwide DIY with monitoring. $3500.00 Save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST. Orders must contain valid credit card payment. Fill out the order form; the full prices will show and we will apply the discount before processing the order. Orders arriving after sale ends will be returned or with your approval charged regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider. Save up to $450.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $500
The Fire All in One with Security Rider $1250.00. Save $400.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $800.00
Qualifier Agreement $1200.00 Save $300.00
Nationwide DIY with monitoring. $3500.00 Save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST. Orders must contain valid credit card payment. Fill out the order form; the full prices will show and we will apply the discount before processing the order. Orders arriving after sale ends will be returned or with your approval charged regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312. Update orders are processed after discounted or full price orders.
*******************
hostile takeover
*******************
Ken,
A customer called and stated he needed to cancel services with us because he wants to consolidate his bills and another alarm company has already installed a new system. He denied that there were any issues with our company. I informed him that he signed a contract (your Residential All in One) on 9/15 for a 5 year term. He responded “Well where does that leave us now?” I told him that I would speak with the owner and someone would be in contact with him.
The customers log was showed an AC code (loss of power-someone unplugged the transformer from the wall) but the panel is still sending signal.
The owner spoke with the customer and asked if there was a problem with service which the customer denied. Customer again said he is trying to consolidate his bills/service. He was told there are 31 months left on his contract. He said well "I guess you're going to have to keep billing me then." We did not disconnect service as the customer said to keep billing and his panel is still sending signal.
The customer called the on call the next day and said that his system was displaying a low battery on the panel. He was asked if the transformer had been unplugged. Customer said that he had unplugged it because he wanted to disconnect services with us and that he would call back to do that on 12/26/17.
The customer has paid for services until 2/1/18 and wants us to go to his home to disconnect his services. If we disconnect services are we agreeing that he no longer needs to pay for the remainder of the contract? Is the other alarm company responsible for installing a system and beginning services knowing our alarm is active?
Anonymous
*****************
Response
****************
The subscriber was perfectly within his rights to have another alarm company install equipment and provide services. That, however, doesn't get him off the hook on your contract. You need to be careful not to do anything that leads the subscriber to believe you permitted early cancellation without causing a breach of the contract.
By unplugging the system the subscriber has already committed a technical breach of the contract, because the All in One prohibits tampering with the system. This subscriber is no doubt in breach because you haven't been names as an additional insured on the subscriber's policy. Despite these defaults, I would not go after the subscriber just yet because you may continue to get paid.
So you have choices:
- you can write to the subscriber letting him know his contract obligations - be careful not to compromise your rights in that letter
- continue to bill the subscriber as you have been doing and wait for a default
- notify the subscriber he is in breach for the reasons expressed above and send an invoice for the balance of the contract
You should pursue your collection efforts as soon as possible because this account may still be saved. Waiting too long will lessen the chances of a reinstatement.
You should contact our Collection Department by calling or emailing Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com
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You should contact our Collection Department by calling or emailing Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com
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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
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com