Profit Advantage Group

Enquire about a Business For Sale


Business : Bowral Lighting (Ref 735)





BUSINESS AGENT (BROKER) CONFIDENTIALITY AGREEMENT TERMS &  CONDITIONS

Profit Advantage Pty Ltd (ABN 27 106 178 358) trades as MACARTHUR BUSINESS BROKERS of 6 King Street, Campbelltown in the State of New South Wales.

Confidentiality Agreement with respect to information to be provided for the business on & after the date of execution of this agreement and any other Businesses introduced to me by MACARTHUR BUSINESS BROKERS.

Having declared to you that, in general principle, I have a genuine interest in the above, I now request that, in your capacity as Business Broker to the Vendor, you supply us with a copy or give access to information ("The INFORMATION") describing the Vendor's business. I undertake that the INFORMATION will be used solely for the purpose in determining whether I wish to purchase the said business.

I agree that the INFORMATION and any other material made available to me by MACARTHUR BUSINESS BROKERS or the Vendor or the Vendor\'s Accountants or Solicitors, or obtained through meeting with any of those parties, will remain strictly confidential, other than information already in the public domain, or which may become public knowledge in the future through sources other than me.

I agree to electronic transmission of this agreement in accordance with the Electronic Transmissions Act, for signing purposes or otherwise as far as such means of communications have been indicated in the document (ie: facsimilie, email address or electronic signatures).

To maintain such confidentiality and in return for the material being made available to me I agree:

  1. The Confidential Material and Information is subject to a duty of confidence and I will only use the Confidential Information for the purpose of investigating the business.
  2. To not use the Confidential Information for any other purpose including competing against the Vendor or acting on behalf of any person competing against the Vendor in relation to the business.
  3. The material will be distributed on a "Need to Know" basis only to Directors, Senior Executors and Advisors of our Company/Organisation and that such Directors, Executives and Advisors will all be bound to the terms of this agreement.
  4. To keep a list of all persons to whom any Confidential Information is disclosed and will provide a copy to MACARTHUR BUSINESS BROKERS if required.
  5. That any copies made of the material will be for the purpose of internal communication only and that a system will be instituted to facilitate the return of all such copies.
  6. To undertake to return all materials to MACARTHUR BUSINESS BROKERS and to return or destroy all copies.
  7. That the information contained in these materials is of value and any unauthorised disclosure, particularly that the Business has been offered for sale, may result in substantial loss and damage to the Vendor.
  8. That MACARTHUR BUSINESS BROKERS is the introducing Agent
  9. That all inspections for the business are to be arranged by appointment only through MACARTHUR BUSINESS BROKERS
  10. To not contact the Vendor or their nominees without the express approval of MACARTHUR BUSINESS BOKERS
  11. To not negotiate directly with the Vendor or their nominees without the express approval from MACARTHUR BUSINESS BROKERS.

I confirm that I have sufficient funds, or access to funds, to purchase the business at the price at which it is advertised and if required agree to provide evidence of such ability to fund the purchase.

I acknowledge that MACARTHUR BUSINESS BROKERS as agents of the Vendor have not conducted any detailed examination of the Vendor's financial records nor other relevant documentation and are therefore unable to give any warranties relating to the subject business.

I will not rely on any representations made by any person on behalf of MACARTHUR BUSINESS BROKERS, and I and/or my nominees will conduct such inspection of the said business and premises and the fixtures, fittings, plant and equipment, trade utensils, implements, stock, licenses, permits, leases, contracts and records of financial transactions as I shall require to satisfy myself prior to Purchase.

I acknowledge that all INFORMATION to be provided to us is from the Vendor. I acknowledge MACARTHUR BUSINESS BROKERS have not verified whether the information is accurate and do not have any belief one way or the other in its accuracy. MACARTHUR BUSINESS BROKERS does not accept any responsibility to any person for its accuracy and do no more than pass it on. As an interested party I will make and rely on my own inquiries in order to determine whether or not this information is in fact accurate.

I acknowledge that MACARTHUR BUSINESS BROKERS recommends that I need to seek my own External Professional Advice in relation to (but not limited to) Accounting, Legal, Financial & Business Matters in relation to considering this Purchase Opportunity.

I authorise MACARTHUR BUSINESS BROKERS to record meetings held between ourselves to assist with files notes of our meetings and understand that such recordings will be retained and be subject to the Privacy Laws as they apply.

The parties to this agreement irrevocably and perpetually consent to the disclosure to, and use by, the Australian Institute of Business Brokers (AIBB) of standardised, de-identified information relating to the sale of this business in the AIBB Bizstats Website. This disclosure is not a breach of any obligation of confidentiality or other obligations under this agreement.


(C) The Ellis Unit Trust - All Rights Reserved

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Macarthur Business Brokers Confidentiality Agreement.
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