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QUESTION: TENANT SIGNS CONTRACT
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Ken
We recently installed an intrusion alarm, access control, and video surveillance for a construction company that bought a building to house its operations.
There is a small space in the building with its own entrance that they want to rent out. We advised that they have a separate alarm for the tenant space. The construction company wants to roll the monitoring charge into the rent. Who is responsible for the alarm system? Who signs the contract? (your All in One of course)
Thanks,
Dan
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ANSWER
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The construction company will sign the Commercial All in One. That agreement will specify the equipment and services in the Schedule of Equipment and Services, which will include the tenant's space. All charges will be on that agreement.
The tenant should sign its own Commercial All in One which will provide that the equipment was installed for and paid for by the landlord, and that the landlord is paying all charges for the services being performed, which you will specify in the tenant's agreement. The tenant's agreement will specify and equipment and services which will be performed at the tenant location. You will also provide that if you're not paid by the landlord you are authorized to discontinue services.
Following the above advice will provide contractual protection from the landlord and the tenant. Bottom line, you need to have the party who is paying you and the party who you are performing the services for [end user] under contract.
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QUESTION: WHO CAN SIGN ON BEHALF OF ALARM COMPANY
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Ken
Thanks for all you do for our industry. Quick question, who can sign our contracts, we are using the All in One. Can a tech or qualifying agent for our company or just a partner. Thanks in advance for you help.
Mike
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ANSWER
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There is no requirement that an owner or officer sign on behalf of your company. Anyone you authorize can sign the contract. In fact, anyone who does sign will probably be deemed to have apparent authority and the company will be bound.
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ILLUSORY CONTRACTS - POLICE LIABILITY
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Ken-
Subject: City Alarm Ordinances - illusory agreements?
Your comment on Jan 2nd 2015 caught my attention. The term “illusory agreement” seems to be the wordage I was looking for to describe city alarm ordinances. These ordinances are one-sided agreements that lay liability for the citizens to pay for a service that the city has no obligation to perform. The cities are also responding 100% on their own desire to do so, and when they so choose to do so, so the citizen cannot be held liable for their choosing to respond.
Tucson Alarm Ordinance;
“An alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user acknowledges that the police department response may be influenced by factors such as the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, and prior response history.”
Roger D. Score, President
Arizona Alarm Dealers Association
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RESPONSE
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That is just the city letting subscribers know that registration does not change the law that police are not responsible for response time or no response at all. That is the general principle of law because there is no duty owed by the police to individual citizens. That changes however if the police and a particular citizen do have some relationship which is created by the police giving certain assurances or creating reasonable expectations of protection; then there can be police liability.