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NEW FIRE ALL IN ONE COMBINING SECURITY ALL IN ONE
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Introducing the Commercial Fire All in One with Security Rider
The new form:    We have been asked to offer a combined Commercial Fire and Security Agreement.  The form starts with the Fire All in One and adds a Rider for security covered by the Security All in One.  

Who should use this form:  If you do primarily fire, use a single panel and add security equipment, then this form will be the easiest one to use.  If you do fire and security I still prefer the Fire All in One and the Commercial All in One as separate forms.  
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ADVANCE NOTICE OF CONTRACT SALE - ORDER AT www.alarmcontracts.com
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    Contract sale starts now and runs through January 5, 2016, ending at 5PM.  The discount will be accepted on all orders received between now and January 5, 2016 by 5 PM*.  This will definitely be the best deal of 2016.  Here's the deal:
    Buy 1 All in One** and get $100 off.  **excludes new fire with rider form
    Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider.   Save up to $450.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1150.00
    The new Fire All in One with Security Rider $1250.00.  Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $600.00
    Qualifier Agreement  $1200.00   Save $300.00
    Nationwide DIY with monitoring  $3500.00  Save $1000.00
* Your order must be placed on line at www.alarmcontracts.com and received in our office no later than January 5, 2016 by 5 PM EST.  To qualify for the discount your order must contain valid credit card payment.  Fill out the order form, add up your charges (we will check the arithmetic) and put in "promo" after your total.  Orders arriving after the sale ends will be returned or with your approval charged regular published rates.  Orders will be processed in the order they are received.  Rush orders, delivered by email within 48 hours, add 15%.
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QUESTION:  SUBSCRIBER WANTS TO ASSIGN CONTRACT
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Ken,
    I have an account that just sold its business.   The original owner said the new owner will be keeping the service. I use your Commercial All in One contract (and other All in Ones).  Question: is the Commercial All in One contract transferable or should I sign the new owner to new contracts? 
Compquotes Inc.
Sal
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RESPONSE
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    Subscriber contracts are not usually assignable by the subscriber.  None of the Standard Form Agreements permit subscribers to assign to another entity.  That doesn't mean you can't allow that to happen.
    Your subscriber may very well understand that it is under contract for the remainder of a term and in an effort to avoid further obligation may seek to have a buyer take over the contract.  You can allow it.  You will need to get an Assignment and Assumption Agreement signed by the new owner.  Sounds fancy but all it is is an acknowledgment by the new owner that it is taking over the contract and agreeing to be obligated by its terms.  
    By permitting the assignment you don't have to allow the original subscriber off the hook, though that will certainly be what that subscriber has in mind when it went to the effort of getting the buyer to take over the contract.  Normally you will agree to the assignment and will agree to release the original subscriber.
    We get this scenario in residential deals when the home owner sells (if the owner or seller's attorney knows about the alarm contract terms).  
    If the new owner requires modifications or concessions you will want to condition your approval of the assignment on the original subscriber compensating you.  Your alternatives are not to permit the assignment and sue the original subscriber, assuming its still around.  You can also prepare a new contract and have the new owner sign it.  That will also keep the original subscriber on the hook for the original contract, though you may run into issues trying to sue on that contract since you were able to sign a separate contract with the new owner at the premises.  Those of you who are active in collection work will take the position that the new contract should not mitigate your damages since you could have sold a new system to the new owner.  It's a fair argument but not always persuasive.  
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