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 ****************************** RMR upon activation / Divorce / Contract sale Day FOUR January 4, 2022 *************** THE SALE HAS STARTED AND RUNS THROUGH JANUARY 14, 2022 SEE BELOW FOR DETAILS ***************************** RMR upon activation **************************** Ken We are wondering if we can change our agreement to incorporate that their 2-3 year agreement term will not start until the system is activated. If this is already in there somewhere, please advise at your convenience. Thank you! Katie ************************** Response ************************** This provision in the Standard Form Agreements should not be changed. Some subscribers may question why the monitoring, service and inspection RMR charges begin to run even before the equipment is installed and activated. You can address this in the Schedule of Equipment and Services by simply providing the you will waive the RMR until the system is installed provided subscriber is otherwise in full compliance with the agreement. Or you can say that your pricing is based on RMR starting on the first of the month following execution of the contract. Here’s the problem. Some subscribers may prevent you from your performance, for a variety of reasons. Let’s say you get frustrated waiting and want to turn the account over for collection. K&K sees the change in the contract and notices that activation never occurred and therefore the RMR changes never commenced. Perhaps a strained logic, but we’ve had judges reach that conclusion. ************************ Divorce ************************ Ken We have a contract that’s in a husband and wife’s name signed by the husband. In between signing the contract and starting the job, they got a divorce. Our understanding is that the wife will be taking over the property, and to that end, we had her sign a new contract in just her name. The question came up that since the original contract was in both of their names, but the husband signed, do we need something from the husband in order to remove him? My thought is no, since both were on the original contract (even though she didn’t sign), but I thought it better to check. Best, Chris ************************ Response ************************ I agree with your conclusion but for different reason. The contract signed by the husband is indeed valid as against him, but it’s reasonable for you to assume that he no longer has an interest in the contract once the soon to be ex-wife signed a new contract. You can communicate with him that the contract is void or terminated. It’s not likely you will hear from him unless he is owed a refund. If he complains and wants to enforce his contract then ask for the insurance certificate from date of the contract and when he says he doesn’t have it, terminate the contract and hold him in default. ******************************* THE SALE HAS STARTED AND RUNS THROUGH JANUARY 14, 2022. ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEK WAIT for sale orders - longer for update orders] ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEK WAIT for sale orders - longer for update orders] *************** The Standard Form Agreements are all updated. This year there are important updates. All contracts should be updated this year. One change is the inflation and supply chain delay provision; there are many others. 2022 updated contracts are ON SALE now; SAVE THOUSANDS DURING THIS SALE ****************** NOTICE: The Standard Form Agreements have been updated for 2022. This year, because of unprecedented economic issues that have recently affected the alarm industry, all contracts should be updated. Check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating. Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed. The sale ends January 14, 2022; the sooner you order the sooner you will get the contracts. Please do not call requesting priority unless you are a Concierge Client or have paid for expedited service. ****************** How to order: order at www.alarmcontracts.com - ordering is easy - order on-line during the sale and save thousands of dollars. Need help ordering? Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Clients receive an additional 10% off the sale price. You can join the Concierge Program before ordering to receive the discount and you should take advantage of this program. ******************* Contract sale runs through January 14, 2022, ending at midnight EST. The discount will be applied to orders received between now and January 14, 2022 by midnight*. This will definitely be the best deal of 2022. When you place the order the full price will come up. We will apply the discount manually when we process the order. Contracts will be delivered by email only. Here's the deal: Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice save $150 Buy 2All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell Notifier rider. Save up to $575. 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 $1275.00 [Residential, Commercial, Fire, Home Automation] Commercial Mobile Surveillance Lease $1000. Save $250 Fire All in One with Security Rider $1275.00. Save $300.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $700.00 Qualifier Agreement $1200.00 Save $300.00 Digital Sign And Display Sales, Hosting And Service $437.50 save 50% $437.50 Computer Consulting and Service $437.50 save 50% $437.50 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 14, 2022 by midnight EST. Orders must contain valid credit card payment and be processed; you will receive confirmation. 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 processed at regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process. Concierge Clients will receive their Concierge Program Discount on the Sale Price. Sign up for the Concierge Program before placing your contract order to receive the additional discount. ** 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 order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
