KEN KIRSCHENBAUMESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on fire alarm won't test  / DAY 3 of contract sale / Napco's solution to fire alarm that won't test
January 3, 2018
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2018 contract updates - ON SALE NOW - see sale announcement below.  Orders filled as they come in - order now to avoid waiting weeks for your contracts
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more on fire alarm won't test from December 25, 2017
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Ken,
    In response to "A.Ferg and County Schools", the first error was on the alarm company's part was using premises equipment to transmit signals through to the central station. The better option the alarm company could have taken was to evaluate the revenue stream coming from the contract.   If it had test and inspection as well as monitoring, the alarm company could have evaluated other forms of alarm transmission, install under a lease for ZERO dollars (so the alarm company retains the ownership of the transmitter) for the balance of the contract to preserve the contract if it had strong margins. These other less costly paths include IP, IGSMGSMor a mesh private radio system.
    The one thing that A.Ferg did correctly was not to re-negotiate the contract of the limitations of liability. This is a non starter under any circumstances.
Bart A. Didden
Executive Claims Manager
Security America Risk Retention Group - SARRG
Security America Risk Purchasing Group LLC - SARPG
877-872-1266
bdidden@securityamericarrg.com 
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Response
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    The Fire All in One, and the other All in One agreements, contains a provision that requires the subscriber to install and maintain whatever communication pathway the alarm company requires.  I realize you sometimes have to balance customer relations with pulling out the contract provisions when there is disagreement.  No customer wants to see the "fine print" after the ink is dry on the agreement.  Simply pointing out that the subscriber has agreed to provide all the electrical outlets and supply and communication pathways required may be a bitter pill for the customer, though it shouldn't be.  It's not unheard of for a subscriber to never provide any communication pathway, making monitoring impossible.  Unless you are going to provide the phone, radio, cell or internet lines and pay for the service; it's your subscriber's responsibility and expense.  
    Obviously you need to comply with AHJ requirements for communication, but you also need to consider your subscriber's issues, such as budget or other limitations, or just a bad attitude.  
    One bit of advice is crystal clear, you must ascertain that the fire alarm is installed properly and that communication is working and the central station has ALL ZONES and is receiving and identifying all signals.  If you find out about test signal failure you must document that failure and offer to inspect and repair.  Be sure the onus is on the subscriber to ensure that the fire alarm is operable at all times.
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Napco's solution to fire alarm that won't test from Dec 25 2017 article
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Ken,
    This is in response to the note from A.Ferg, regarding a public school FACP phone line issue and a local Fire Inspector, who stated that “cell units will take the place of phones in 5 years.”
    With all due respect, the switchover to cellular/IP commercial fire alarm communicators is happening now, not in five years. Phone companies are routinely “retiring” countless thousands of POTs lines throughout the country, by area and region every day, listed right online.  And, whether following a storm, or fire or otherwise, these same carriers have determined it’s just far more expensive to replace or maintain POTs, than to replicate that service wirelessly, and since the government is no longer compelling carriers to support POTs, they are often plain refusing to service any active copper lines any longer.  AND, fueled by the huge savings that Fire Alarm Dealers/Integrators can offer customers, such as school districts, over conventional dedicated POTS line reporting, we have seen a large increase in commercial fire alarm communicator activations by dealers, replacing these POTs lines with cellular/IP communicators.  In doing so, it’s a win-win; dealers get a new RMR stream from fire, retain (or win) more fire alarm monitoring accounts and reduce liability issues, such as Ferg mentioned, down-the-road. 
    To help dealers make the most of this new business opportunity and strike while the iron is hot, NAPCO is offering a trade up incentive of $100 for dealers who upgrade POTS lines to Cellular/IP communications, on any FACP out there, 12V or 24V old or new, retrofit or new construction. So now, dealers can install a new StarLink commercial fire communicator, in about 15-minutes, no extra power supply or pipe, largely subsidized by this incentive, replacing 2 dedicated POTS lines, and convert the phone-company’s POTs RMR, into the dealer’s own new incremental RMR stream. The benefits to the customer are huge savings over dedicated phone lines, up to $1000’s per year, and a much more reliable, secure, encrypted and trouble-free communications technology, now and in the future.  
    This incremental business is booming now, and will be for the foreseeable near future, since most of the millions of commercial fire alarms in the US are currently communicating on old fashioned copper.
Best regards,
Tom Karl, VP, Business Development
NAPCO Security Technologies, Inc.
Amityville, NY 11701
1-800-645-9445 X145
tkarl@napcosecurity.com
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NOTICE of SALE:
    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.  
 
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.

** 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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THE ALARM EXCHANGE

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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