KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Should dealer be the contact person for the central station / cs webinars 
August 18, 2020
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Register for today's Webinar- starts at 12 PM ET:
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Electronix Systems C.S.A:  August 18, 2020  12 PM ET 
https://attendee.gotowebinar.com/register/6687185048941964300
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Should dealer be the contact person for the central station?
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            Particularly with commercial accounts it’s not uncommon for the dealer to be the contact person for the central station.  The central station’s records are set up so that if a call needs to be made in response to a signal it’s the dealer, not the subscriber, who gets the call.  This arrangement is made when the dealer doesn’t want the subscriber in communication with the central station directly, or when the subscriber doesn’t want to get any calls and just wants the dealer to handle everything.
            Can you do this?  Yes.
            Is it a good idea?  No
            Sure there may be a few pros to support this arrangement:  
  *  maybe the subscriber has no one at the premises during certain hours, or ever
  *  maybe the dealer doesn’t want the subscriber to realize there is a third party monitoring center involved
  *  maybe the subscriber just doesn’t want to be bothered to is accepting the dealer’s recommendation
  *  maybe the dealer is “hand on obsessive” with providing personal service
            The cons would be:
  *  the dealer adds its risk of exposure by placing itself in the middle of the central station and subscriber
  *  taking the subscriber out of the contact loop reduces the subscriber’s involvement with the alarm system and services, and any specific event that occurs
  *  dealer is assuming responsibilities that should be the subscriber’s responsibility
            The Call List is typically filled out or at least approved by the subscriber, who, in the first instance, has to provide names and phone numbers for the contacts.  If a subscriber wants the dealer to be the primary or sole contact, and the dealer agrees, that instruction must be very carefully and thoroughly documented, and be sure that the subscriber signs the document.  In fact, I would document that direction on the Call List, the Schedule of Equipment and Services and the Disclaimer Notice.  Something as simple as “subscriber wants dealer as sole or primary contact with central station” is sufficient.  
            The Monitoring Center needs to be careful to ascertain that the call to the dealer has been properly directed by the subscriber.  Some may argue that since the dealer is the Monitoring Center’s customer, the Monitoring Center can accept whatever direction the dealer provides.  While that may be so, the Monitoring Center should follow industry custom, practice and accepted guidelines and procedures, some of which call for the subscriber to be called.
            All in all, unless there are unusual circumstances the dealer should be the last to be called, if at all, in response to a signal.  Better to wait for the daily Activity Report.
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Register Now for the CS webinar series: 
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Electronix Systems C.S.A:  August 18, 2020  12 PM ET 
https://attendee.gotowebinar.com/register/6687185048941964300
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Emergency 24:   August 19, 2020 12 PM ET
https://attendee.gotowebinar.com/register/2545025679947785228
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Central station webinars
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            Not all central stations on The Alarm Exchange have opted to participate as of yet.  You still have time.  Contact our Concierge Coordinator Stacy Spector, Esq at SSpector@Kirschenbaumesq.com or 516 747 6700 x 304.  You just might pick up one or more dealers.
            And, speaking of dealers, selecting the right central station is important; there’s lots to consider.  K&K is saving you the trip to Vegas and bouncing from one booth to another, stuffing your pockets with candy and pens [not that there is anything wrong with that].  You have and you will be hearing from the best of the best in this webinar series.  
            Keep in mind that any legitimate central station is going to require you to sign a Dealer Agreement.  This isn’t a car rental contract at the airport.  It can be modified and you need to ask for those modifications.  I’ve designed a Rider that applies to every central station Dealer Agreement because it includes all the provisions a dealer should be asking for and is entitled to.  If you are negotiating with a new central station or re-negotiating with your current central station, be sure to get the Rider.  It’s $500 and well worth it.  Order it at www.alarmcontracts.com in the Monitoring Centers Contracts category.
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Central Station* 2020 webinar series K&K is hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability.
  *  only central stations on The Alarm Exchange will be invited to participate
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick 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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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