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Oklahoma
Burglar and Fire |
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Industry News |
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Newly
licensed businesses -Kingwood
Security Services ( -Addtronics ( -Dedicated
Fire Sprinklers, LLC ( -1Plannet
Security, LLC ( -Automatic Protection Systems of the Southwest, LLC ( -S&S Fire Protection, LLC ( -Amped Audio Video Security ( -Advanced Security Products, LLC ( -Indian Nation Fire Sprinkler (Locust Grove)
Commercial Fire Sprinkler -YouAttKnow Net (Sand Springs) Access Control, CCTV Out of State -Interactive Video Technologies, LLC ( (EDITOR'S
NOTE: Companies and individuals must be licensed in Oklahoma before
placing a bid or they will be in violation of the Alarm and Locksmith
regulations, however, they are not required to hold an office in the
state at this time.)
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Why
You Need the Exculpatory Clause (From www.securitysales.com)
There is a reason the exculpatory clause is in every alarm contract. The right to contract away liability for your own negligence is recognized and enforced in all jurisdictions and has a firm public policy basis. Educating yourself and your subscribers -- (their lawyers and insurance brokers also -- is essential for conducting the most important aspect of your business selling RMR contracts. The exculpatory clause is not the only protective provision in a properly drafted alarm contract, but one of several that convey the relationship of the alarm company and subscriber, at least from the alarm company's perspective. The inherent conflict between the two is the alarm company intends the system to be a deterrent and the subscriber sees it as a preventative measure. Thus, when there is a loss, the alarm company shrugs and the subscriber (more often, it's the insurance company) points a finger and seeks compensation. The exculpatory clause is not some obscure item buried in the alarm contract. If it is, it's not likely to be enforced. So keep it simple and clear. More importantly for your own edification, don't be shy about the exculpatory clause or ambiguous in its meaning when clarification is sought or challenged by the subscriber, counsel or anyone else. Especially in conjunction with other protective provisions, the clause makes it crystal clear that the alarm company is not the subscriber's insurer, the alarm system is not intended to prevent loss, the alarm company will not be responsible for loss, and the subscriber, not the alarm company, should insure against loss. It also defends the alarm company if anyone else should make a claim due to a loss the alarm system was installed to detect. As much as it may seem harsh or one-sided, it's the nature of the contractual relationship and there is every reason the subscriber should be aware of it. The main reason is if the contract language is vague, obscure, hard to find or read, so entangled in legalese that even a judge would have trouble understanding or following its meaning, then don't expect it to be enforced. Don't lose sight of the legal fact that you are always dealing with the "least sophisticated consumer," no matter how smart you or the subscriber thinks he/she is. |
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