Non Disclosure Agreement
In order to release more detailed information on any business for sale such as location and financial information you will be required to complete an online non-disclosure agreement (NDA) and agree to our standard terms and conditions of purchase., by submitting this form you agree to the following;
I fully understand and agree that all information supplied to me that relates to the Business will be kept strictly confidential.
I acknowledge that Business Partnership (BP) has and will supply me with information of a confidential or proprietary nature (the Confidential Information). Confidential Information shall mean any information or data relating to the Business or affairs disclosed whether in writing, orally or by any other means.
I agree that in respect of the Confidential Information received from BP I will: -
- Treat it as confidential and make no copies thereof.
- Not disclose it to any third party without the prior written consent of BP. If information is released to your professional advisors or work colleagues, we will require a listing of all entities and individuals who have received such information. It is your duty to ensure they are aware of and comply with the conditions of this NDA.
- And use it solely for the purpose of evaluating a purchase of the Business.
I further acknowledge that all documents and other material things embodying any of the Confidential Information received under this agreement shall remain the property of the supplying party (or other owner thereof) and I shall hold them as Bailee for the supplying party, exercising reasonable care to keep them safe from access by unauthorised persons, and shall confirm destruction to the greatest reasonable extent all copies thereof within one week of a written request from the supplying party.
I will not attempt to contact the employees, customers, creditors, suppliers or landlords of the Business at any time. Contact in the ordinary course of business, unrelated to the potential acquisition of the Business, will not be a breach of this agreement.
I will not use the confidential information to seek to obtain any commercial advantage over the Business.
I acknowledge that this Agreement shall remain in force for a period of two years from today’s date.
I confirm that I have funds or access to funds to enter negotiations for the business for which I have expressed an interest.
I confirm that no contact will be made with the vendor or company direct.
Enquirers Terms and Conditions
Terms and Conditions
Any Sales Particulars, website details and any subsequent commercial information relating to this business are for the general guidance of intended purchasers and tenants and do not form any part of an offer or contract.
All descriptions and any other details are given without responsibility on the part of BP or their vendor client and any intending purchasers should not rely on them as statements or representations of fact. All intending purchasers or tenants should satisfy themselves to the correctness of all any statements contained herein prior to making an offer by inspection or otherwise. Neither BP nor their employees make or give any warranty whatsoever in relation to the business and or the property described herein.
Any Sales Particulars, and any subsequent commercial information relating to this business, are supplied on the strict understanding that it should be kept confidential and must not be copied or supplied to a third party without the consent of Business Partnership (BP).
All recipients of these Sales Particulars irrevocably agree:-
- To treat all information contained herein, and as may subsequently be supplied, with complete confidentiality.
- To make no approach directly to the Owner or the Business and/or Property either personally, by telephone, or in writing without the consent of BP.
- To visit the Owner and/or the Business or Property only and strictly by prior appointment to be made and confirmed through the Offices of BP.
- To make no approach to the Staff of the business or discuss the proposed sale with any staff member without the consent of the Owners.
- To request and obtain any and all information required, including any financial information, solely through the Offices of BP.
- To submit any offer for the purchase of the Business and/or property directly through the Agents BP and not directly to the Owners.
- These Terms and Conditions are supplied as a preliminary to any further negotiations taking place. If financial information or a viewing is requested you will be required to sign a legally binding Non-disclosure Agreement (NDA) and Terms and Conditions which can be found online by clicking the box "Click for further information”.
Once BPs NDA and Terms and Conditions have been signed, further negotiations are subject to you agreeing:-
- That in the event of agreeing to purchase the Business and/or Property you will pay to BP a deposit as a sign of good faith amounting to 5% of the purchase price but subject to a minimum of £5,000. This deposit will be held by BP in a Non-Interest Earning Client Account with no Interest being due or paid. This deposit will be applied to the purchase price at the time of completion. This deposit will be paid "Subject to Contract" and will be refundable (subject to clauses 2 and 3 below).
- That if you withdraw from the purchase for any reason once Heads of Terms have been agreed without good reason and where such reason is not connected to the purchase of the business, then the deposit will be used to cover our Client’s reasonable legal costs up to the point of withdrawal (to a maximum of £2,500), such costs being subject to VAT,.
- That if you withdraw from the purchase for any reason once Heads of Terms have been agreed or Memorandum of Sale has been prepared and issued you will be charged an Agents Fee of £795.00 plus VAT. The balance of the deposit shall be returned to you forthwith. If the Vendor withdraws from the business sale for any reason, the deposit monies will be returned to you in full.
- That upon an offer being accepted on a Leasehold proposition you will agree to supply to BP the names and addresses of appropriate referees including Bankers to whom BP can apply for a reference in order to seek the Landlords consent for an assignment of the current Lease or issue of a new Lease.
The laws of England and Wales shall govern this whole Agreement.