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 ****************************** terminating customer / watch for altered contracts March 26, 2022 ********************** terminating customer ************************ Ken, We have a customer that wants to terminate her contract early. We had a few issues with her front door lock batteries; her husband replaced them, but they still weren't working. I would like your legal advice and steps from here on out on this matter for this customer and all future customers we may have this issue with. If you have any questions, please feel free to call. Thanks name withheld ********************** Response ********************** Early termination is a breach of the contract and you have all of the remedies that are within the Legal Paragraph. Generally that means 100% of what's owed to date, 80% of balance of contract and sometimes 80% of the value of equipment, plus legal fees. You can terminate your customer only if the customer has breached the contract; otherwise you will be in breach. Of course mutual consent works. Whether you decide to pursue your breaching customers is your decision; it certainly entails devoting some time to the collection process, though K&K collection staff really does the heavy lifting. You should be a member of the Concierge Program. You get free half hour contract review each month, free collection letter each month, 10% off contract price and 10% off hourly billing from K&K. The Concierge Program makes you a priority client of K&K [though all alarm clients are collectively priority]. Join the Concierge Program today and start using it. ************************* watch for altered contracts from article on February 24, 2022 ************************* Ken, Two FYI’s; it is very easy to edit a PDF file. Also Word has a document compare feature which would allow a returned contract to be electronically and easily compared to the original. Just information, I don’t disagree with your positions and advice. Chris ************************* Response ************************* As tedious as it is you have to be careful that the form contract you send out gets signed without changes to the printed form; sort of disguised changes. Word docs are of course easy to modify unless they are edit proof. PDF documents can now be changed using Adobe. It's a good practice to send your contracts out with your signature on it. As long as you haven't gotten it back you can withdraw the contract. Sending a signed contract out is really making an offer and until it is accepted you can withdraw it. While you won't be held to changes surreptitiously made to your printed form it could end up being an expensive battle and lesson. Read what you sign and what you get back from your customer. ********************** 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
