THIS IS OUR TERMS AND CONDITIONS
TERMS AND CONDITIONS
The Buyer hereby agrees to receive information from the Broker, currently & from this time forward via a Business Presentation which contains Highly Confidential Financial & Operational Details pertaining to Business Ventures that are of interest to Buyer. The Seller/s of the Business/es desire to maintain confidentiality of information of their Business/es Financials & other Non-Public information & does not want their Competitors, Employees, Customers, Franchisers, etc. to carry knowledge that they are in the process of selling their Business/es.
The Broker & Seller/s will be providing confidential information (Financial Statements, Sales / Marketing & Operational Literature & other Highly Confidential information) to the Buyer solely for the purpose of evaluating the Business/es being sold.
It is further understood that this confidential information shall not be used for the purposes of gaining or detecting any trade secrets or any other competitive advantage. It is hereby agreed that this confidential information including any analyses or other documents incorporating confidential information, will not be used by the Buyer or his / her agents (including Attorneys, Accountants, Appraisers, & Investment Bankers) in a way that is commercially detrimental to the Business, & that such information will be kept Confidential.
The Buyer shall be responsible for any breach of this agreement by his / her Agents, Representatives, or Employees. All copies of any information provided shall be promptly returned to the Broker or the Seller(s) upon request.
Hereby irrevocably & unconditionally agrees to the terms of this agreement for all listings that will be furnished to the Buyer;
Represents & warrants to the Broker that the Businesses so introduced & the information furnished by the Broker to Buyer has not been made available to Buyer by any other person or legal entity and if the Buyer is aware of the business/es in question, he or she will immediately inform the Broker of this knowledge;
Agrees to hold this information in strict confidence & not to contact the Seller or their Landlords, Franchisers, Employees, Suppliers or Customers except through the Broker (nor will Buyer assist or promote in any way anyone else with any form of introduction) without prior consent of the Broker. All correspondence, inquiries, offers to purchase & negotiations relating to the purchase or lease of any Business presented by the Broker will be conducted Exclusively through the Broker. Buyer agrees to conduct all further inquiries & negotiations in connection with any Businesses received exclusively through the Broker;
Further acknowledges & warrants that this information will not be disclosed to any other person, except the Buyers Advisor, Accountant, Lawyer & Financial consultant who may be furnished with such information for the purpose of advising the Buyer & the Buyer accepts full responsibility for assuring full compliance with all provisions of this Agreement by any third party to which the Buyer discloses any such information & for any harm to the Seller(s) or to Broker from any breach of this Agreement;
Acknowledge & agrees that all the information so provided by the Broker regarding Businesses for sale is provided by the Seller(s) or other sources & have not been validated or verified by the Broker. The Broker conducted its own Due Diligence investigation but make no warranty, either expressed or implied, concerning the accuracy of such information. The Buyer will be afforded the opportunity to conduct his / her own Due Diligence Investigation during the course of the Buying Process (This process can be viewed on our website under Buy a Business link. The Buyer agree that the Broker is not responsible for the accuracy of any of the information which the Buyer receive & the Buyer agree to indemnify & hold the Broker & its Associates / Agents harmless from any claims for damages which may occur by reason of the inaccuracy or incompleteness of any Information provided to the Buyer with respect to any Businesses the Buyer might purchase. The Buyer acknowledges the responsibility to perform its own Due Diligence investigation at own expense;
Or his family members or any other third party representing him / her, will not enter into negotiations with the Seller to conclude or close any transaction or sale or take title or possession of the Business without the Broker being present. The Buyer further agree that should the Buyer or any of his family members enter into a Purchase & Sale Agreement directly with the Seller without the Broker’s authorization, the Buyer agree to pay the Brokers the fee as originally agreed upon by Seller/s;
Warrants not circumventing or interfering with Broker’s contract with the Seller/s in any way. Buyer understands that if Buyer interfere with Broker's contract right to its fee from Seller/s, Buyer may be personally liable to Broker for payment of the Seller/s fee as originally agreed upon by Seller/s. Buyer understand that for a period of three (3) years from signature date, should Buyer becomes a manager or otherwise connected with any of the Businesses shown or offered to Buyer for sale, or should Buyer buy, trade, lease or exchange any of the Businesses disclosed to the Buyer, then a fee as originally agreed upon by Seller/s will be payable to Broker by the Buyer. Buyer understand that If Buyer make the purchase through Broker, Buyer will not be liable for the fee to be paid by Seller/s to the Broker unless it is specifically agreed to between the Parties that the Buyer pays the fee;
Covenants & agrees that, except with the written consent of Seller/s, Buyer shall not enter into and / or engage in competition with Seller/s in the Business or Seller/s products or services as an Individual, Partner, Employee or Agent for any person or entity, or as an Officer, Director, Shareholder or otherwise, including, but not limited to, using information, data, methods or processes revealed, discussed, demonstrated or portrayed by Seller/s or the Broker, or its Agents, Representatives or Independent Contractors directly or indirectly, within the existing marketing area of Seller/s for a period of five (5) years after the date hereof.