|
Question: My company is adding an new building next to our old one that is required to have sprinklers and a fire alarm system that is monitored. The company that is installing the system , Florida Fire and Sound says that in order for us to get a C.O. that we must be monitored and they will do it for $40 per month. I know this is really excessive. Can we contract with someone who will monitor our security and have our fire alram panel also? I have been told that they (Florida Fire and Sound) will not give us the master code to allow others to monitor it. As far as I know our company will own the complete system and after they are paid they have no involvement in it other than the making us pay the $40 per month for monitoring because we are unable to unlock their panel and system. Anyone care to comment on this and give me some ideas? I think we are being held hostage. Perhaps I am wrong.
Answer: Q: My company is adding an new building next to our old one that is required to have sprinklers and a fire alarm system that is monitored. The company that is installing the system , Florida Fire and Sound says that in order for us to get a C.O. that we must be monitored and they will do it for $40 per month. A: That depends upon the type of occupancy and the local aithority having jurisdiction's (AHJ) decision. I would strongly advise you to contact the building inspector or fire marshal and ask him what is required for your type of occupancy. Q: I know this is really excessive... A: If the contract calls for a minimum monitoring contract at $40 per month you're probably stuck. *Carefully* read the fine print to determine what is the cancellation procedure. Notify them by certified letter *now* that you intend to fulfill your financial obligations to the letter of the contract AND that you want to cancel the monitoring as of the first renewal date. Most of these companies have a multi-year, automatic renewal of the monitoring contract which requires a 30-, 60- or even 90-day advance notice on your part to avoid being obligated for several more years. If this is an outright purchase rather than a lease or lease/purchase, you are legally entitled to the code. Inform them (also by certified letter) that although you are willing to fulfill your obligations you consider the code to be a material part of the system which you have purchased and that unless they give it to you *now* you will consider the system not to have been delivered and them to be in breach. Tell them that without that code you will not make final payment and you will not pay for any monitoring. If they don't comply well in advance of the CO inspection, have your attorney draw up a letter of intent to sue. Then do so. Here's why you *must* get tough with these people now. If you wait they will never give you the programming code, no matter whether you have paid for the monitoring in full or not. Some systems require replacement of the control panel to gain control over a "locked" system. Q: Can we contract with someone who will monitor our security and have our fire alram panel also? A: Yes, but you'll need to deal with the installer first. As despicable as you may find them, you do have a contractual obligation to them and you should fulfill your side, but only if they agree to play fair about the code. No code = no payment. The alarm company will spout all kinds of bullfrank about how they will be liable if you screw up your alarm system and Mrs. Jones gets a false alarm or some such drivel. That's just alarm industry nonsense. The only reason for refusing to give you the code is to make it harder for you to change providers. The rest is just smoke screen. Q: I have been told that they (Florida Fire and Sound) will not give us the master code to allow others to monitor it... A: Tell them that you know that the master code is a material part o the system and without it you will not pay for the installation. Q: As far as I know our company will own the complete system and after they are paid they have no involvement... A: This is a critical issue. Make absolutely certain that the monitoring contract is separate from the purchase and installation agreement. If the two are one, then the purchase is being partly funded by the monitoring. Have your attorney check out the contract. Q: in it other than the making us pay the $40 per month for monitoring because we are unable to unlock their panel and system. A: What system is it? Some can be opened without the code. A couple of the better dealers who participate here offer panel unlocking services. One happens to be right in Tampa. Q: Anyone care to comment on this and give me some ideas? I think we are being held hostage. Perhaps I am wrong. A: It sounds like you're right on the money. I don't offer monitoring in Florida but if you want some free assistance, give me a call. I have software with a master code over ride for some systems. If yours isn't among them I may be able to stear you to someone else who can help. Alarm and Home Automation System FAQ http://www.bass-home.com/faq/masterfaq/faq.htm
|