Re: Law Suit in NJ

[Nomen Nescio <nobody@xxxxxxxxx>]

J. @netscape.net said:

>You sound like an idiot.   The NBFAA isn't asking for your money for
>ADT's defense fund.  They're asking for you to contribute to pay their
>lawyers to write a document that may help influence an appeals court
>decision.  Why?  Because if this thing doesn't get overturned, it has
>ramifications to put small alarm dealers out of business.  A $4
>million charge for Tyco is no big deal.  They don't need your money.
>
>ADT's commercial contracts require an "Authorized Representative" to
>countersign after the customer and sales rep have signed the document.
>This is to prevent sales reps from writing bad business without
>management approving the terms.  I can't comment on this specific
>case, but from what I've been told, this ruling will be overturned.
>It's really a matter of whether or not there was a valid contract in
>place.  It's not about the legality of liability limitation, so the
>NBFAA's request may be a little misguided, but not because they're
>trying to pay ADT's legal bills.  They're not.

This is fucking hilarious!

1.  ADT has a perfectly valid contract that limits its liability.
Assuming, of course, someone from ADT bothers to sign the contract.

2.  ADT is worried that due to a salesman's mistake, they might end up
having to protect Giants Stadium for twelve bucks a month.  So, they
include a provision in their contract that says the salesman's signature
doesn't mean anything, and the contract isn't valid unless somebody
important signs it.

3.  Only nobody important signs the contract for ADT.   Now, ADT is arguing
that the contract is valid anyway, even though they never approved it.

And the NBFAA wants to spend money defending the proposition that unsigned
contracts are still legally binding.  Tens of thousands of dollars later,
what is the NBFAA lawyer going to say that ADT's lawyers haven't already
thought of?

It's money down the rathole, and it's all completely unnecessary, if only
people can remember to sign their contracts.

- badenov