KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* Renewal contract / Yard signs August 16, 2019 ********************** Renewal contract ********************** Ken, When I'm renewing an All in One Commercial Contract (or Residential for that matter) do I need to also fill out the Schedule of Equipment & Services, Additional Equip. Systems & Service Disclaimer Notice, Call List & Rider for Alarm.com again- if they haven't changed or can the previous forms carry over to the renewal? Thanks, Karen ********************** Response ********************** I want to be clear on the options available when a contract is coming to its termination date. The All in One agreements have an automatic renewal provision. We prepare the agreement with a month to month renewal term, though sometimes on request we change it to a longer renewal term. But alarm contracts always have an automatic renewal if properly written. For those subscribers who insist on no renewal, then, at their peril, be sure to terminate service immediately when the contract expires; no notice unless required by the contract. Do not continue service unless a new contract is signed by the subscriber. Back to automatic renewal. At the end of the term you don’t need to do anything. The contract will continue to renew month to month. If you want a new longer term agreement, or if there is going to be new installation or services, then you will need a new contract. This will be a new All in One. You will indicate in the Schedule of Equipment and Services what changes are being made, and you can state what is remaining the same by referencing the old contract. For example, you can state that the equipment is same as previously installed pursuant to prior contract and you can then list only the new equipment or services. But this is not a “renewal” contract, it’s a new contract. You need to list everything as a new contract or reference the old contract in the new contract. We have found that calling the new contract a “renewal” contract causes confusion and reduces the chances that a judge will enforce the new term in the new contract. ******************* Yard signs ******************* Ken, We are getting ready to order new yard signs. Do you have a better word to use than “Protected”. Would “Secured” be an option? Christine ******************* Response ******************* I should probably have my office research if there are any cases where alarm company signs have been in issue; anyone know of any cases? I don’t think “secured by” is any better [or worse] and “protected by”. It’s quite probable that we are nick-picking this too much. Certainly the subscriber, who has signed a formal alarm contract, is not going to be able to get around the contract by pointing to the sign terminology. “Alarm Services provided by ….” might be a better way of saying it. ****************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** 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 www.KirschenbaumEsq.com
