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Is there maintenance agreement for camera and access control
November 21, 2020
Is there maintenance agreement for camera and access control
            We have sold a Maintenance agreement and I am trying to find which document aligns with that agreement.  We are supplying parts and labor coverage for a video and an access control system for a county department.  This will be reviewed by no less than 2 attorneys before able to be signed by the board.  I want to make sure we are presenting the correct document.  We went through the Standard Commercial Security Agreement but it just doesn’t feel right… please advise.
            I’ve been writing contracts for the alarm industry [and that includes cameras and access contract, fire and other security] for over 45 years.  I don’t think I have ever written a Maintenance Agreement.  That most likely means the other attorneys who offer alarm contracts don’t have one because they can’t plagiarize from one of my contracts, and that seems to be the extent of their research and writing efforts.  
            I don’t think I’ve seen a Maintenance Agreement in the alarm industry.  I suspect that offering maintenance for electronic security or fire would be rare indeed.  
            Am I playing with words?  I don’t think so.  We do not use the word “maintenance” in the alarm / security / fire industry [I think NFPA uses it, or did use it, but I don’t know for sure if it really meant it – you fire experts are welcome to comment].
            Once you know what maintenance means and what a maintenance agreement would cover you’ll understand why we don’t use those contracts in the alarm industry.  Let’s find out what “maintenance” and “maintenance agreement” mean.  What better source than google [is there another source?]: 
  *  maintenance is defined as the process of maintaining or preserving someone or something, or the state of being maintained.
  *  maintenance contract is defined as a formal agreement between two parties which states that one party will keep a building, vehicle, machine, etc, belonging to the other party in good condition by regularly checking it and repairing it when necessary.
  *  under a maintenance agreement, the maker of the agreement is obligated to perform regularly scheduled maintenance of property, such as regularly scheduled oil changes for an automobile.
            So the question is, are you going to provide maintenance?  I don’t think so.  I think you intend to provide “repair service” when the equipment requires repair.  You can be notified by the subscriber that repair is needed or you may have monitoring in place so that you are notified of system failure.  
            You intend to offer more than that?  You intend to make regular inspections?  In fact, for fire alarm systems inspections are required on annual, semi-annual or other periodic basis depending on the jurisdiction.  Inspection is not maintenance.  Even if the inspection includes repair service, it’s not maintenance.  Even if the inspection includes some items of work on the system, such as oil or other fluids, it’s not maintenance.  
            The proper contract for your use is the Commercial All in One.  That contract provides for the sale, installation, inspection and repair of cameras and access control systems, as well as other security systems, such as intrusion and environmental.  The Commercial All in One does have provisions that may not apply in your situation, such as monitoring provisions, but that doesn’t make the contract unusable.  Most alarm security companies are not so limited that they offer only one type of security.  The contract is broad enough to cover multiple systems, yet specific enough to address each system and service.  

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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