ISC schedule / competitors using your name, phone and domain website/ installing equipment on trial basis April 9, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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ISC schedule / competitors using your name,  phone and domain website/ installing equipment on trial basis
April 9, 2018
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I'll be at ISC in Las Vegas tonight.  Still time to schedule a private meeting.  In any event, please stop by one of the booths or flag me down to say hello.
ISC schedule:  please stop by to say hello.  For private meeting at ISC please call Stacy Spector, Esq at 516 747 6700 x 204.  
April 11:   Affiliated Monitoring Suite (Bellini 2006)   1 -2 PM 
                 Rapid Response Monitoring booth  2 -4 PM
                 
April 12:  Stages luncheon 11 AM.  For central stations only
                COPS Monitoring booth:  1 - 2 PM
                All American Monitoring booth:  2 - 3 PM
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competitors using your name,  phone and domain website
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Ken
    Ken I bought the All in One Residential contracts from you a few years back.   
    I recently ran into a situation and am looking for advice, and if needed, possible legal representation.
     I have a small company but we have a great reputation and we've been in the alarm industry for decades.  We've modernized and have a presence on the Internet.  But when I search our company name, more often than not, other alarm companies come up ahead of us, and I even see our name in their listing.  Anything I can or should do?  I am small potatoes and really don't know why they bother trying to take my customers.
Frustrated
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Response
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    Don't sell yourself short.  Some of the companies out there are competing any way they have to - or can - and diverting your customers to them is one of the dirty tricks.  Just google your company name and see what - or rather who - comes up.  Most likely it won't be you.  I just googled a few company names and I won't mention them, but don't be too surprised if ProtectAmerica or Simplisafe comes up ahead of your name, even when you put your name in the search.  
    Listing your phone number somewhere on a website.....  doesn't surprise me.  You're lucky they don't have your phone tapped and get to your mail box each day ahead of you.  Knocking on your customer's door to let them know you're out of business and the panel needs to be changed ....  that's almost old school by now.  Why walk around when you can get all over electronically.
    What's the answer?  I don't know but it's going to be too time consuming and costly anyway, which is what they count on.  Complain to your local Consumer Affairs or Attorney General and hope they don't decide to investigate you instead because you're an easier target.
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installing equipment on trial basis
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Ken,
    I’m entering a new arena for our company preparing to supply equipment and services (Commercial) more as a consultant or RMR servicing fee instead of the normal sale and install only.  Some of these systems will be to municipalities, schools, or others.  Some will require trial period so that the customer can decide if they really want the services. 
    What agreement will protect me against vandalism, damage, or cost of recovery from “public” damage during this time period when no money is exchanging hands during the trial period?
Please Keep 
Confidential
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Response
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    First of all, you cannot provide any equipment or any service on a "trial" or any other basis without first getting a signed contract.  Otherwise you give up all your protection which the contract provides for.
    You have options on the contract.  My first inclination was to recommend that you use the Commercial All in One Lease, waiving the first three months RMR, and giving the subscriber the right to cancel during the first 90 days without penalty.  That would still require the subscriber to insure the equipment and return it in working order; so your damage issue is covered.  If for any reason the subscriber doesn't return the equipment then it's deemed purchased for the "agreed installed value".
    On further reflection, you can also use the Commercial All in One for sale and RMR items.  You will have to be a bit creative in the Schedule of Equipment and Services, explaing that the subscriber can return the equipment and cancel the RMR items within 90 days; otherwise it has to pay for the installation and RMR services.  You would have to provide that the equipment would have to be returned in like-new condition.  Maybe you can be like other sellers of merchandise and require the equipment be returned in the same boxes, with receipts, maybe by the same delivery service or person, along with a pint of blood.  Or, if your offer to take back the equipment is genuine, that you'll pick it  up.
    Either way, the Standard All in One Agreement will cover you.
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THE ALARM EXCHANGE

This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

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