KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More comment on Edwards recall / Should subscribers sign updated contract / cs webinars
August 1, 2020
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Next webinar: starts at noon ET. Register now:
Electronix Systems Central Station Alarms - August 6, 2020
https://attendee.gotowebinar.com/register/2606752262202465549
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More comment on Edwards recall
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Ken,
I haven't dug into the specific model for the Edwards recall, but NFPA 72, Chapter 14 (Inspection and Test), does state that for fixed temperature, spot-type, non-restorable detectors, that they need to be replaced after 15 years of service, or have lab testing. See the 2019 Edition but I believe that this has not changed for years. In my mind, this would also apply to a spot-type, combination fixed temperature/rate of rise detector that is non-restorable for the fixed temperature function of the detector. Personally, I have never heard of anyone submitting heat detectors for lab testing. Be interesting to know if anyone has.
Finally, while I concur with Jason from Texas about heat detectors not being a life safety device, I believe that there are a lot of heat detectors that have been misapplied either for spacing or used in lieu of smoke detectors when maybe they should not have been.
Dave Miller, SET, Principal
MCG Design Services
Direct:503-537-9200
dave@mcg-design.net
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Do you need to get subscribers to re-sign updated contract
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Ken,
I purchased the commercial all-in-one in 2018. And I updated it in 2019. If I purchase the 2020 contract, do I need to go back to all my 2018 and 2019 customers and get them to sign an updated contract?
Thank you
Eric
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Response
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If your subscribers are still in the original term of their contract there is no need to get an updated contract signed. Before the original term expires and the automatic renewal term kicks in, try and get a new updated contract signed. This advice concerns the Standard Form Agreements. If your subscribers have signed another form contract then it may very well be a great idea to get a new contract signed. If you’re not using a Kirschenbaum Contract ™ then I don’t know what the terms of the contract and whether you need to get a new contract signed.
While it is perfectly acceptable practice to allow your subscriber contract to go into automatic renewal, the better practice would be to visit the subscriber, survey the system, suggest upgrades and get a new updated All in One contract signed. Before you shrug off this advice, I understand that some subscribers are not very approachable and it would make sense not to rock the boat by trying to get a new contract signed. OK, so let that one go into auto-renewal terms. But for most subscribers it will be worth your effort to keep the contracts updated and original term agreements with subscribers. This would hold true from a protecting against liability perspective and especially from an equity perspective, because original term agreements fetch the higher multiples.
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Central station webinars
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Not all central stations on The Alarm Exchange have opted to participate as of yet. You still have time. Contact our Concierge Coordinator Stacy Spector,Esq at SSpector@Kirschenbaumesq.com or 516 747 6700 x 304. You just might pick up one or more dealers.
And, speaking of dealers, selecting the right central station is important; there’s lots to consider. K&K is saving you the trip to Vegas and bouncing from one booth to another, stuffing your pockets with candy and pens [not that there is anything wrong with that]. You have and you will be hearing from the best of the best in this webinar series.
Keep in mind that any legitimate central station is going to require you to sign a Dealer Agreement. This isn’t a car rental contract at the airport. It can be modified and you need to ask for those modifications. I’ve designed a Rider that applies to every central station Dealer Agreement because it includes all the provisions a dealer should be asking for and is entitled to. If you are negotiating with a new central station or re-negotiating with your current central station, be sure to get the Rider. It’s $500 and well worth it. Order it at www.alarmcontracts.com in the Monitoring Centers Contracts category.
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Central Station* 2020 webinar series K&K is hosting webinars by central stations, one at a time, who will address "why you should be using our central station". Each webinar will be approximately 20 minutes and then Q&A opportunity. See what your central station has to offer or what others offer, enabling you to choose the right central station for you. You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability.
* only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series:
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Electronix Systems Central Station Alarms - August 6, 2020
https://attendee.gotowebinar.com/register/2606752262202465549
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Central station 2020 webinars
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Not all central stations listed on The Alarm Exchange have opted to participate in our webinar series, "Why you should be using our central station" and I've been wondering why. Only answer I can come up with is, apparently, they don't think you should be using their central station. Go figure.
Our central station's webinars have begun. Register now.
Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and what you can expect to pay.
The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station. Am I encouraging central station hopping? No, but I am encouraging you to use central stations listed on The Alarm Exchange. Why, for you, not me. You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange. That may not sound like a big deal to you, but check out The Alarm Exchange central station category. Every major reputable central station is participating. If your central station isn’t, move to one that is. If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.
So make some time to attend the webinars, by video or on your phone. They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars: https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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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
www.KirschenbaumEsq.com
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