Brinks Home Security Evergreen Clause

First off, I would not rely on Houdini's verbal statements to override the cancellation penalty in a contract. Secondly, if I chose to do business with Houdini's company I would want a written addendum overriding the cancellation provision in the contract with a revised cancellation provision.

Remember that contracts are enforceable in court and the judge won't put much stock in what you claim were Houdini's ramblings about how he doesn't really enforce some provisions of the contract. Put it in writing. That way you won't have spend a lot of time later on Usenet or talk radio whining about how you were taken advantage of by some bottom feeding company.

Speaking of "bottom feeders", perhaps you should go back to posting as yourself... Before you become confused again.

allow my customer to cancel at anytime after the end of the contract with a 30 day written notice.

then considered on a month to month basis, but we use the Evergreen Clause to keep from having the customer sign a new contract year after year.

down not up. This is something large companies cannot afford to do. They figure that once you are accustom to paying them their kings ransom, you should continue to do so forever, and in fact hit you with increase after increase, for equipment it has been long since paid for. I can't tell you how many customers that had Rollins System 6 systems they paid a fortune to install, and paying $40+ a month for monitoring and a very limited service contract, if any.

I've never lost a customer to a competitor (for one thing there's only a few out there that offer monitoring at our rate and usually their service sucks). Our contracts employ an "evergreen clause" as well. So did Bass' (and so does the monitoring contractor he presently refers his clients to). There isn't a contract for monitoring service out there that's less than a year. Whether the company wants to enforce it depends on how much they want their business impacted with negative publicity. That having been said, companies that use their own proprietary equipment are basing their revenues on an entirely different business model. You can't compare companies that sell or fixed term lease standard off-the-shelf alarm products with either Brinks or AlarmFarce. For one thing, neither Brinks or AlarmFarce will sell you a security system that you'll end up owning.

There are two ways I can receive hi-def signals from my cable provider. I can either purchase the receiver for something like 600 bucks or I can "rent" the equipment for as long as I want to watch those channels. In the first instance the "subscription" to the channels is a lot less than having to pay the equipment rental as well. On a rental term if the receiver ever needs service, they'll come out and replace it. If the hardware ever gets upgraded, they'll come out and replace it. If I've purchased the equipment, it's subject to the one year warranty clause, and if I want to upgrade it, I'll have to purchase the new receiver.

I have no idea who the hell you are babbling about.

Speaking of confused, let me say that anyone who signs a recurring services contract without reading it is really confused. But that's the kind of confused that you probably like, eh Olson?

If we would read, understand, and live up to the contracts we sign it would be a better world for everyone.

The "Edmund Fitzgerald" sunk in the Great Lakes (hence the reference to "bottom feeders"). There's a song about it, but it was written by "some Canadian" so you probably haven't even heard it. :-)

"Confused", no. Stupid, yes.

Now that's the kind of response that's frequently used by another individual posting from a Comcast account.

And avoid the "bottom feeders". :-)

Actually I am aware of the sinking of the Edmund Fitzgerald on Lake Superior. And I have heard the Canadian author sing the song live. And I also know of George Orwell and Harry Houdini, two of the other contribuitors to this thread. But I don't know much about Frank Olson though. Mind if I ask where you work?

Just askin' no need to get snippy.

Lots of people use comcast I suppose, but I retract the comment based on your response.

If you do the above you will avoid bottom feeders.

He also put on a few concerts in Vancouver, but I missed them all. :-(

Unless they're posting from "the other side", I figure both "George" and "Harry" aren't the "George" and "Harry" *you're* thinking about.

Nope, I won't mind.

No problem.

Okay.

Yet you seem to think that any company that would elect to enforce an "evergreen clause" should be considered a "bottom feeder". "If we would read, understand, and live up to the contracts we sign it would be a better world for everyone."

Too bad. Like all of us he's getting older. Catch him while you can.

I really wish I knew a better way to put it this, but "Well Duh". And by the way, I am not the Edmond Fitzgerald.

Just as I expected.

Not at all. It's fine to have an "evergreen clause". I don't want to get new contracts each year if I'm the company and I don't want to deal with a new contract each year if I'm the customer. But that doesn't mean I'm necessarily going to accept a cancellation provision heavily loaded in the company's favor just because I'm the customer. And I'm not going to rely on a salesman telling me the company doesn't enforce the egregious provision. Come on.

I'm not *the* "Frank Olson" either. ;-)

You expect someone to publish their employment details in a Newsgroup that boasts an individual famous for sending lies and nonsense to employers and colleagues of some of the participants? It's not enough that my spam filters are constantly trapping email from South America?? :-)

And what salesman would say that? That's the easiest "excuse" a person dumb enough to sign a contract with just such a clause without reading it would dream up. "The *salesman* said you guys don't enforce it." You used the term "bottom feeders" to describe certain "nameless" alarm companies and now narrow the field to certain "nameless" salespeople. Who's the real "bottom feeder" here? Surely not the customer that's trying to use every dirty trick in the book to get off of paying the cancellation fee? It's gotta be that slimy salesman!

Exactly.

contribuitors

Damn you, now I have that song in my head again!

The Wreck Of The Edmund Fitzgerald

by Gordon Lightfoot

The legend lives on from the Chippewa on down Of the big lake they call Gitche Gumee The lake, it is said, never gives up her dead When the skies of November turn gloomy.

With a load of iron ore - 26,000 tons more Than the Edmund Fitzgerald weighed empty That good ship and true was a bone to be chewed When the gales of November came early

The ship was the pride of the American side Coming back from some mill in Wisconson As the big freighters go it was bigger than most With a crew and the Captain well seasoned.

Concluding some terms with a couple of steel firms When they left fully loaded for Cleveland And later that night when the ships bell rang Could it be the North Wind they'd been feeling.

The wind in the wires made a tattletale sound And a wave broke over the railing And every man knew, as the Captain did, too, T'was the witch of November come stealing.

The dawn came late and the breakfast had to wait When the gales of November came slashing When afternoon came it was freezing rain In the face of a hurricane West Wind

When supper time came the old cook came on deck Saying fellows it's too rough to feed ya At 7PM a main hatchway caved in He said fellas it's been good to know ya.

The Captain wired in he had water coming in And the good ship and crew was in peril And later that night when his lights went out of sight Came the wreck of the Edmund Fitzgerald.

Does anyone know where the love of God goes When the words turn the minutes to hours The searchers all say they'd have made Whitefish Bay If they'd fifteen more miles behind her.

They might have split up or they might have capsized They may have broke deep and took water And all that remains is the faces and the names Of the wives and the sons and the daughters.

Lake Huron rolls, Superior sings In the ruins of her ice water mansion Old Michigan steams like a young man's dreams, The islands and bays are for sportsmen.

And farther below Lake Ontario Takes in what Lake Erie can send her And the iron boats go as the mariners all know With the gales of November remembered.

In a musty old hall in Detroit they prayed In the Maritime Sailors' Cathedral The church bell chimed, 'til it rang 29 times For each man on the Edmund Fitzgerald.

The legend lives on from the Chippewa on down Of the big lake they call Gitche Gumee Superior, they say, never gives up her dead When the gales of November come early.

Well, at least there's something in there now.

Feel free to stand in line and sue me. :)

Jim Rojas

Robert L Bass wrote:

Why would I want to do that?

Since when does a lawsuit require a reason?

Jim Rojas

Robert L Bass wrote:

And what salesman would say that, you ask? My first thought is to say maybe one who has a couple of past due boat payments staring at him and is willing to stretch the truth to solve the problem. Not that there are many salespeople out there like that, of course.

But if you read Orwell and Houdini's posts you will see Mr. Orwell tells of an egregious Brinks cancellation provision that seems to be a part of their evergreen clause. I've never seen their contract and can't verify the claim, but I've seen other contracts such as the one described.

Then Mr. Houdini posts the following: "We all have such clauses in our contracts. Like most reputable dealers, I allow my customer to cancel at anytime after the end of the contract with a 30 day written notice".

So what kind of salesman would say that they *allow* their customers to not pay the cancellation penalty specified in the contract? Well the first one that comes to mind is Mr. Houdini.

I take it if one of Mr. Houdini's customers came to you with this claim you wouldn't believe them because, as you say, they're obviously a bottom feeding customer taking the easy road to get out of paying the cancellation fee. And we all know Mr. Houdini is anything but a slippery character.

OK. My lawyers will be in touch. :^)

When there are reasonable people involved, otherwise only one side needs to have money.