Standard contract language limiting alarm company’s liability found ambiguous by federal appeals court.
- May 27th, 2014
- Wendy Carlisle
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You know that language in your contract–that’s in EVERY alarm contract– that says “Alarm Co. is not liable, but if any liability is imposed it will be limited to $[dollar amount] or a percentage of the annual monitoring charge”? Well,…
The Seven Deadly Sins of alarm contracts (and how to avoid them).
- May 22nd, 2014
- Wendy Carlisle
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In my job, I have the pleasure, and unfortunately sometimes pain, of reviewing alarm sales and monitoring contracts for litigation, potential acquisitions, and revisions to contracts. Here are seven mistakes I see most often.
Three important things to know about PERS contracts and sales.
- March 26th, 2014
- Wendy Carlisle
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If you’ve decided to enter the vibrant market of selling Personal Emergency Response Systems (PERS) you may be wondering what advice a lawyer would give you on how to protect your business. Do you need a contract with your customer? …
Georgia Supreme Court denies review of $8.4 million verdict against Monitronics
- November 6th, 2013
- Wendy Carlisle
- 1 Comment
Yesterday, the Georgia Supreme Court denied Monitronics’ Petition for Writ of Certiorari. This means it has refused to review the Georgia Court of Appeals’ decision, which upheld an $8.4 million jury verdict against Monitronics and invalidated exculpatory language in Monitronics’ alarm…
Monitronics asks Georgia Supreme Court to Review $8.4 million judgment.
- October 2nd, 2013
- Wendy Carlisle
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I have been in denial, but, given that it is October, and the weekend weather forecast for my hometown of Minneapolis is quite chilly, it seems I need to face reality: summer is over. So, then, is my summer vacation…
Using enhanced call verification? You may need a new alarm monitoring contract.
- May 30th, 2013
- Wendy Carlisle
- 4 Comments
Georgia recently joined the growing ranks of states and municipalities that require enhanced call verification (ECV) for burglar alarm response. (Read Georgia’s new law here: Georgia ECV law). If your jurisdiction requires ECV, or you are voluntarily adopting it, do you…
Recent court rulings in Texas and South Carolina underscore the importance of a good contract.
- May 10th, 2013
- Wendy Carlisle
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Two recent court rulings– one in Texas, one in South Carolina–underscore the importance of contract terms that will protect your business in case of a lawsuit. Does your contract have these vital terms?
ADT moves to dismiss Eli Lilly lawsuit based on subrogation waiver.
- April 17th, 2013
- Wendy Carlisle
- 3 Comments
As I predicted when I first wrote about the Eli Lilly/National Union v. ADT case (http://wp.me/p3fru5-42), ADT has brought a motion to dismiss the lawsuit based on the subrogation waiver in ADT’s contract. Will the motion to dismiss be successful? Here is a…
Three easy things you can do to ensure your customer’s electronic signature will be enforced.
- April 12th, 2013
- Wendy Carlisle
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A client posed a question to me this week: are contracts enforceable when the customer signs via an installer’s or sales rep’s iPad? Yes, I responded, electronic signatures are valid under federal and most states’ laws. But, the follow-up question required…
Call to action: Minnesota legislature wants to make liability waivers unenforecable.
- March 27th, 2013
- Wendy Carlisle
- 2 Comments
Every business in Minnesota that relies on liability waivers (this means you alarm companies!) needs to know that a proposed law is working its way through the Minnesota legislature to severely curtail the enforceability of such waivers. The proposed law would make liability…