This template is for the transfer or assignment of contracts between two parties. It can be used to transfer a wide range of contracts, but is most commonly used to assign customer contracts to the buyer of a business, either where novation is impractical, or where the original contracts allow assignment. Also included with the agreement is a letter template to customers informing them of the assignment.
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this assignment agreement
Use this assignment agreement to transfer one or more contracts between two parties where the agreement of the party to the original contract cannot easily be obtained or where the original agreement allows transfer without the consent.
This form of assignment is most commonly used when a large number of contracts are transferred from one business to another, for example when a telephone service provider sells its UK contracts or a white goods retailer sells its maintenance contracts.
When to use this assignment agreement
The basic law is that A cannot transfer to C the obligations he has under a contract with B, without B agreeing. So what happens is that all three enter into a “novation” agreement whereby the proposed transfer is made with B’s permission.
Most businesses that need to set up multiple contracts make sure the terms of the contract allow them to assign the contract without permission of B. In those cases, an agreement like this one can be used.
If your multiple agreements do not include this provision, you may still wish to use this agreement and take the small risk that some subscribers or users may walk away. If they do not, but instead carry on as before and make their next payment to the new owner, they are, in law, affirming the contract with the new owner, and all is well.
So a novation should be used where practicable and assignment is the fallback where there is a large number of contracts or where novation is unnecessary because all the contracts permit assignment anyway.
Whether or not the customers stay or go after the assignment is very important. The exact tone to use in a letter or message is important. So we include with this assignment agreement a letter template to send to customers informing them of the change.
You should use a novation agreement rather than an assignment if all three parties are available and agree. Use: Novation agreement: transfer of service contract.
Agreement features and contents
- Suitable when either party is resident outside the UK
- Comprehensive provisions provide ideas for you to mould
- Letter to customers included so that you can ensure a successful future relationship with your new clients
The assignment agreement contains the following sections:
- Details of the parties
- The assignment
- Existing claims: sets out how outstanding claims will be dealt with
- Other usual legal provisions in plain English
This document was written by a solicitor for Net Lawman. It complies with current English law.
How other customers rated this document
Average customer rating
By John Willcock 03 September 2013
Clear, unambiguous, exactly what I needed.
By Andrew Reid 24 April 2013
The Document was exactly what I was after. It was of a high standard and saved me alot of time.
By Clive Garrad 23 April 2013
I felt that was easy to work with and easy to manage. Will certainly be using your facilities in the future.
"I have used you in the past and am always impressed!"Diane Bantten (Acquit Debt Recovery)
"Paul Adams Associates Legal Services has used Net Lawman online legal documents on numerous occasions and have found their service to be very efficient and cost-effective. I have no hesitation in recommending Net Lawman to my associates."Paul Adams
"If only everything was as reliable as NetLawman. We have used them on numerous occasions & they deliver without fail. Whether we require off the shelf legal documents, bespoke contracts or even ad hoc advice they are there for us. It is like having our own legal team but without the costs that this would entail. Pickaweb has no hesitation in recommending NetLawman as one of our best suppliers."Pilar Torres Wahlberg