KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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scanned copy of agreement / Call List
December 20, 2018
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scanned copy of agreement
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Ken,
    I just purchased your All in One Fire Alarm and Residential Agreements. I was wondering if I can Scan the agreements and email to my customer for signature. If they scan and send back to me is that sufficient or do I need the Actual Signature copy.
Thank You
Craig Fisher
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Response
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    A scanned copy of the agreement should be sufficient, though you face the same concerns as a hard paper contract that you did not see the subscriber sign. You need to be careful about authenticating the contract and be comfortable that the person signing had authority. That is sometimes more difficult when you are sending a contract to the subscriber for signature, but the same issues would apply to a contract sent through the mail and one emailed to be scanned and returned by email after signed. Sending the contract through email may be considered electronic transaction, in which event you should have the Disclosure and Consent to Electronic Communication signed as well. You can send that for by email and request that it be signed, scanned and returned by email.
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Call List
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Ken,
    Quick question about the Call List form. If I’m reading it correctly, item #3 basically states that a fire alarm signal will automatically generate a dispatch of the fire dept. before calling the contact list. This is true if it’s a commercial fire alarm but on residential, our central station does a 1 call verification before dispatching. Is this form to be used only for commercial alarms?
Thank you,
Paul 
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Response
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    We don't have a separate Call List form for residential and commercial, or for security or fire. We include the Call List with the All in One agreements. The form does call for dispatch if it's fire alarm signal, then a call to the subscriber. If your monitoring center has other procedures then you should make changes ot the Call List form or use the form provided by the monitoring center for its notification list.
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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