KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Retaining communicator / electronic cancellation form / register for free webinars
February 5, 2022
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Want to present a webinar?
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Want to present a webinar? Contact Ken Kirschenbaum by tomorrow.
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Announcing webinar series 2022. Still time to schedule your webinar presentation. Contact Ken Kirschenbaum to participate in our webinar 2022 series.
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Webinar Title: Specialized financing techniques for the Security Alarm Industry
When: Wednesday, February 9, 2022, at 12:00PM Eastern time
Topic Details: Financing option to grow equity without selling RMR accounts and no chargebacks, holdbacks, Recourse or Risk Presented by: Tony Smith, President of Security Funding Associates (SFA)
Hosted by: Ken Kirschenbaum,Esq.,
Who should attend: Company owners and CFOs
Register here: https://attendee.gotowebinar.com/register/8814691682009291276
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Webinar Title: what's new in the 2022 updated contracts
When: February 15, 2022, at 12:00PM Eastern time
Topic Details: most important updates in the 2022 contracts
Presented by: Ken Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum
Who should attend: Company owners, CEOs, Managers, sales personnel
Register here: https://attendee.gotowebinar.com/register/1716607451924079886
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Webinar Title: why use Disclaimer Notice and join Concierge Program
When: February 16, 2022, at 12:00PM Eastern time
Topic Details: when, how and why to use Disclaimer Notice / why you should join Concierge Program
Presented by: Ken Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum
Who should attend: Company owners, CEOs, Managers, sales personnel
Register here: https://attendee.gotowebinar.com/register/7741884992648350732
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Webinar Title: common issues in buy-sell deals
When: February 22, 2022, at 12:00PM Eastern time
Topic Details: common issues to consider in smaller buy-sell transactions
Presented by: Jesse Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum
Who should attend: Company owners, CEOs, CFOs
Register here: https://attendee.gotowebinar.com/register/1255265567049106699
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Cancellation form
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Ken
I have a question on your forms. On the cancellation form do I need to have three forms to be signed by the customer if I am completing my documents thru e-sign? Or am I okay just to have one form?
anon
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Response
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Just one 3 day notice of cancellation should be signed when using electronic contract execution. Electronic contracts really simplify the contract execution process because you don’t have to worry about how long the document is. You present the contract and other forms in this order:
* consent to electronic communication
* contract form [in this example the Residential All in One]
* Schedule of Equipment and Services
* 3 (or 7) cancellation notice
* Supplemental agreement (rider) if necessary
* Disclaimer Notice
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Retaining communicator
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Ken,
We just had a customer pull our equipment and they had another vendor do the upgrade of the system and took over the monitoring. They terminated the contract 6 months early. They did paid the 6 month balance of the monitoring. May be I am missing something but I noticed that your contract does not account for the dealer retaining possession of the communicator. In this case we had recently updated the cell phone communicator. We did not charge the full fee for upgrading the radio because we have been successful in getting them back in the past. However in this case they tossed the 6 month old communicator. Is there a clause that the communicators remain the property of the alarm company? It seems that if the contract is completed everything remains the property of the customer.
Craig
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Response
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Earlier versions of the Kirschenbaum Contracts™ did provide for leasing the communicator when the rest of the system was sold to the customer. This was found in the Residential All in One and the Commercial All in One. Many of you valued the communicator at $1800 and if the customer breached the contract or failed to return the communicator that amount was included in any claim against the customer.
A few years ago the Standard Form Agreements were changed to eliminate the retention of the communication device. I honestly don’t recall why, but our clients must have found that the provision calling for retention of ownership of the communicator was impractical and causing too many objections to the contract.
Digital monitoring in particular doesn’t lend itself to retention of the communicator because communication is part of the panel software. Radios are another matter. While you might want to retain the radio it may be just as easy to terminate the signals remotely. We can add the retention provision in the contract, but it’s not in the Standard Forms now, except for the lease forms.
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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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ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ********************
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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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