DISCLAIMER, ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT BY PROSPECTIVE PURCHASER
We being the people named in the Schedule set out below, acknowledge that we are prospective purchasers of the business described in that schedule and in consideration of you and the Seller allowing us to inspect a business profile and other material relating to the business and or the Seller's agreement and your arrangement on the Seller's behalf to allow us to inspect the business we acknowledge and agree as follows:
1. The business profile and material may include non verified and unaudited trading results and or profit and loss reports and/or related industry averages and or approximate costs / expenses plus projected trading figures. 2. The information in the profile has been provided by the Seller and whilst they believe it to be accurate you should make your own enquiries and not rely on this profile in making a decision to purchase. 3. That the profile and its information are to be used and accepted as a guide only. All information contained in it is our responsibility to verify and confirm and we agree not to hold Alltype Business Sales and or its salespeople and authorised personnel responsible for its accuracy, liability or loss suffered by us in relation to the information contained in the profile. 4. Forecasts and or projections are based on assumptions. No assurances or guarantees are or can be given. 5. The business profile and material and all things connected and related to this material are confidential and we agree not to disclose them to any other person except our legal accounting financial advisers and bankers but then only on the basis that they have provided assurance of confidentiality under the Privacy Act. 6. We acknowledge that as a result of perusing the business profile and material and during the course of the inspection of the business we will become aware of information regarding the operation of the business and in particular the marketing of the business which is personal to the Seller and which has real economic value to the Seller. We acknowledge that should such information become known to the Seller's competitors or other parties interested in setting up a similar business in opposition to the Seller or used by ourselves in the operation of a similar business in the event we don't purchase the business, the damage which may result, if disclosed unlawfully. 7. All inspections of the business are to by appointment organised through Alltype Business Sales only and we agree not to attempt to inspect the business or the premises upon which the business is carried on or contact the Seller or Staff direct other than through and with Alltype Business Sales. 8.We acknowledge that we as Buyers have been introduced to the business by Alltype Business Sales and all negotiations are to be conducted through Alltype Business Sales. Should the Buyer negotiate a private sale where Alltype Business Sales have introduced the Buyer, Alltype Business Sales reserve the right to seek full compensation from the Buyer for the loss of any commission, costs or legal fees associated with such sale. 9. We guarantee that we have authority to sign this document on behalf of the prospective Purchaser where such prospective Purchaser is a Company or Trust or Superannuation Fund. 10. We acknowledge that we have read all of the above conditions and agree to them and acknowledge that we have received a copy of this agreement on the date that it was signed by us. **************** SCHEDULE: - (Please note: Some fields are compulsory) Confidentiality Agreement
