Integrated Alarms, Inc. are Evil , be aware!!!

True.

That is not true. Gross negligence is tortious and in most states (Pennsylvania is a notable exception) gross negligence will over-ride contractual waivers of a right to seek damages. Alarm industry case law is full of decisions where alarm companies' contractual protections have been tossed out because of gross negligence. IIRC, Pennsylvania is one of the few states that do not recognize gross negligence.

Following is an excerpt from a NY State case:

"New York law generally enforces contractual provisions absolving a party from its own negligence." Colnaghi, U.S.A., Ltd. v. Jewelers Protection Services, Ltd., 81 N.Y.2d 821,823 (1993); Sommer v. Federal Signal Corp., 79 N.Y.2d

540,553 (1992). Public policy, however, prohibits a party from insulating itself through a contractual clause, for damages caused by grossly negligent conduct. Id.; Sommer at 553."

"Gross negligence, when invoked to pierce an agreed-upon limitation of liability in a commercial contract, must "smack of intentional wrongdoing" (Kalish-Jarcho, Inc. v City of New York, 58 NY2d [377], at 385). It is conduct that evinces a reckless indifference to the rights of others (citations omitted)."

The key is in the definition of gross negligence. It is much worse conduct than the common negligent behavior of some alarm companies. For example, a relative of mine who has an ADT system (it was in the house when he bought it) says that they usually take about 10 minutes to call when the alarm goes off. That is certainly negligent behavior. It is not gross negligence, however.

Reply to
Robert L Bass
Loading thread data ...

it's really not a short window...the window is actually 11 months long

Reply to
Crash Gordon

no-sales-spam@bassburglaralarms wrote: ....

I also have experienced problems with ADT here in north Texas. When my wife died suddenly in July '04, I had great difficulty in getting them to fit two talking control panels (I have no eyesight for some years). They also had to completely replace the old system, which had been put in for my late parents-in-law many years ago, as it was found to be totally nonoperative. I paid for the work done and the new panels and signed a new contract/agreement but did not realize it was for three years. I had plenty on my plate at that time, Will, cremation, estate admin and so on. So, on selling that property in June'05, I assumed the agreement would expire around September of that year and if thenew owner wanted it he could take out a new contract. Some weeks ago I had a phone call one evening from someone who said he was from ADT and that he had "been going through some old paperwork and found the sum of 380 dollars outstanding. Seemed it was for "services and cancellation penalty". I told him I didn't just write out checks for anyone who phoned me with no documentary proof, and next day phoned the local ADT billing office. I was told there was an account for that address but in my late wife's name, not mine, but they could not tell me if any money was owed, and the promised call back to confirm or deny the debt was never made to me. I e-mailed them with full details and giving my full postal and e-mail addresses, and received a brief e-mail acknowledgment. Next, a debt collection agency pme honed and avery offensive bullying type tried to frighten me into sending the money. This kind of approach doesn't work with me. His threat that I 'would lose my credit rating' is irrelevant (in the extremely unlikely event that I ever need to borrow money, I could raise plenty as I have substantial equity). Another guy claiming to be from ADT phoned another day to suggest that if I paid 251.74 by credit card, he would close the account. I told him I don't pay by credit card if I can avoid it, and certainly not over the phone, but would send a check for that amount to the address he gave. This was sent off a couple of days later, but the check has still not been cashed some 3 or 4 weeks later The debt collection agency has rung repeatedly, but on seeing their out-of -State - or rather hearing it! - number on my talking caller id, I just let it ring. They haven't callef for a couple of days now, unless the ones that are 'Number unknown' are fromthem. They can take me to court if they like, it won't bother me and for a sum of that amount, I doubt if it would be worth their while. Incidentally, I have never once received any written communication from ADT or the debt collection outfit, although as I said above, ADT have been given my new address. I don't have a security alarm system in this (new-built) house; don't need it as it is part of a gated community with security guards. And I don't have anything in here worth breaking in for anyway! (frugal living, see). Oh, and for the record, I am completely free of debt of any kind and have been since well before I came to America.

-- Ian

Reply to
Ian

No under no circumstances, I think those terms are awful. Some companies will eliminate the clause if you make enough noise.

However, I have something better than an alarm service: I am connected directly to the local police dispatch for which I pay $0.00. I have a rather elaborate system which also records live video and transmits it to a site in another State. Anyone with the talent to get past my system should be stealing professionally from museums, etc. There isn't nearly enough here to make it worthwhile!

Reply to
Larry

....

Yep, that's about right. Also, it was worth paying that sum to be shot of the silly nonsense. I'm not losing any sleep over it anyway: I have a good attorney waiting in the wings!

-- Ian

Reply to
Ian

See my f/up to nex tin this thread.

-- Ian

Reply to
Ian

Reply to
BruceR

Greetings,

I don't want to talk for Ian but when I read his post it sounded like he sent the check because the contract he was in required payment (and he was doing the right thing). He is just upset that after sending the check instead of cashing it and closing out his account they kept calling him from the debt collection agency. He has made attempts to resolve the issue properly (through payment) but they have dropped the ball.

(of course, this is what I think he said, again, I can't speak for him)

Hope this helps, William

Reply to
William.Deans

Cabling-Design.com Forums website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.