KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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Monitoring Center considerations for the Dealer Agreement
January 25, 2019
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Monitoring Center considerations for the Dealer Agreement  
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          Yesterday I advised on provisions dealers need to be mindful of when executing a Dealer Agreement with a monitoring center.  Today the topic is what should be important to the monitoring center, or central station, if you prefer.
  *  getting paid [this list of concern is definitely not in order of importance, because getting paid could end up being the least of the cs’s problems]
  *  getting indemnity
  *  making sure the dealer has E&O coverage
  *  getting added to the E&O policy as additional insured
  *  check the dealer’s loss run, if possible, to see how many lawsuits the dealer gets into, so the cs knows what it can expect
  *  making sure the dealer has a proper contract with every subscriber.  By proper I mean a Standard Form Kirschenbaum 
TM Alarm Contract, because anything else is not  standard and the cs will have to read it carefully, and have counsel read it, to make sure it provides the protection the cs needs.
  *  get copy of every subscriber contract before putting that account on line
  *  check and confirm every person and number on the call list, which certainly implies that you get a call list for every account
  *  test every system and every zone, making sure your operators have proper identification for each signal system is capable of sending.
  *  if cs gives consideration to dealer then cs is entitled to expect and demand minimum term, minimum number of accounts or payback of the consideration, usually a forgivable loan
          If you’re a dealer, read the above carefully, because it’s what you can expect from the monitoring center.  If you stick with a monitoring center listed on The Alarm Exchange  in the central station category who uses the Standard Form Dealer Agreement you are less likely to make a deal you don’t understand or that’s unfair to you.
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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