KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Tariffs and price increases
April  30,  2025
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Tariffs and price increases
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    Tariffs have become a reality.  Price increases are inevitable.  The alarm industry gets much of its equipment form China, particularly the cameras.  My guess is that most of the equipment is from other countries. Price increases are also evitable. You are probably wondering what you can do about price increases affecting contracts you have already signed and contracts you're about to sign. 
    First, in view of yesterday's article on Force Majeure, let's discuss that issue.  The price increase is not a Force Majeure event.  You can argue it, but I doubt you win in the end.  And, Force Majeure would only allow you to cancel your performance; you won't get paid.  It's not the issue or the answer.  
     If you use updated Kirschenbaum Contracts
TM you are covered. The contracts contain a provision:
    "Should ALARM COMPANY be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay ALARM COMPANY for such service or material. The pricing to be paid by Subscriber in this agreement is based on current pricing by ALARM COMPANY's suppliers and vendors.  In view of supply shortage and inflation, Subscriber agrees to pay any increase for equipment or services to ALARM COMPANY by ALARM COMPANY's suppliers and vendors in connection with equipment and services to be provided by ALARM COMPANY to Subscriber."  
    We don't mention tariffs and I don't think we need to.  It could of course be included specifically.
    If you aren't using Kirschenbaum Contracts
TM or not using updated contracts I urge you to get them without delay.  They are constantly being updated to keep pace with technology, changes in custom, practice and laws.  K&K is involved in contracts daily.  Time to start using the most popular contracts in the industry and start getting advice from the most experienced attorneys in the industry; attorneys that understand your issues and have the answers or will get them without delay or fanfare.
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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