Ken Kirschenbaum has been a recognized counsel to the alarm industry for 35 years and is principal of Kirschenbaum and Kirschenbaum, P.C.. His team of attorneys, which includes daughter Jennifer, specialize in transactional, defense litigation, regulatory compliance and collection matters.
In a Security Sales and Integration article Ken reports Contract terminology makes all the difference. It is what causes the judge to scrutinize the contract and often surprise one or both sides of a case with what the judge thinks the contract means. A recent inquiry regarding a word used in our Residential All in One and Commercial All in One standard form alarm contracts questioned the use of the word insure when used in the inspection provision.
That provision imposes on the alarm company the duty to make an annual inspection of the security system. Inspection service includes testing of all components to insure proper working order. The question is should the word be insure or ensure? What do you think?
The dictionary defines insure as: 1 to provide or obtain insurance on, or 2 to make certain, especially by taking necessary measures and precautions. So the second meaning may apply, though inspections don’t make certain.
You can view the complete article at https://www.securitysales.com/business/choose-your-contract-words-carefully1/
Do not risk your business with a questionable contract. For questions or assistance, contact Ken's Contract Administrator Eileen Wagda at (516) 747-6700 x 312.
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