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Terms and Conditions |
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General Conditions |
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The purpose of a Pinderpack is to assist the Vendor in assembling relevant information to provide to Potential Purchasers and Interested Parties to aid them in their consideration of whether to proceed with the purchase of The Business. |
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Pinders will, at all times, act independently of both The Vendor and Potential Purchaser. Any assessments or opinions contained within the pack are provided on an independent basis, to assist the Vendor in providing Potential Purchasers and Interested Parties with information relevant to their consideration of whether to proceed with the purchase of The Business. Pinders will not commence work on the preparation of a Pinderpack until the appropriate fee has been paid in full. This is important in ensuring that Pinders' independence is in no way compromised and that Pinders has no financial interest in the sale of The Business proceeding. |
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A contract exists between Pinders and The Vendor and no other party. Pinders accept responsibility to The Vendor only, and only for the exercise of reasonable care and skill in the preparation of the pack for the guidance of the Potential Purchaser and Interested Parties, and the provision of authorised access to the pack via the Pinderpack.com website. Pinders accept no liability for any disruption, damage or loss of opportunity resulting from any suspension or failure of the website facility due to circumstances beyond their direct control. |
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Pinders can accept no responsibility for, or warrant the accuracy, validity or currency of any information provided to Pinders or Pinders' Advisers by a third party, to include solicitors, Local Authority Departments, The Vendor or their representatives. |
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The Vendor, Potential Purchasers and Interested Parties should note that changes may have occurred in The Business since the date of preparation of the Pinderpack, and the date of preparation by Pinders' Advisers of the reports contained therein. |
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| Conditions - Vendors |
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The Vendor, by means of their instructions to Pinders to produce a Pinderpack, agree to provide all necessary information and access to Pinders to enable them to prepare the Pinderpack, and acknowledge that the information contained within the Pinderpack, and published on the Pinderpack.com website, may be utilised by the Potential Purchasers and Interested Parties, and warrants to Pinders that all information provided in relation to the production of the Pinderpack will be factually correct, up to date and complete. The Vendor undertakes to notify Pinders forthwith, on becoming aware of any errors in, or changes to, information supplied by The Vendor, or The Vendor's advisers, to Pinders or Pinders' Advisors. |
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The Vendor consents to any and all information contained within the Pinderpack being published on the Pinderpack.com website and used by Pinders, without restriction or cost, as the basis for any Supplementary Reports and/or Business Appraisal and Valuation Reports in respect of The Business, which may be commissioned by third parties. |
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The Vendor, in instructing Pinders, accepts that the Pinderpack may include observations and/or comments relating to any defects noted in respect of The Business. Pinders will only consider making amendments to this pack where errors of fact, and not differences of opinion, are shown to exist. |
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| By payment of Pinders' fees, The Vendor accepts that Pinders will be providing their professional services on the basis of these terms and conditions, which The Vendor will be deemed to have accepted. |
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Conditions - Potential Purchasers and Interested Parties |
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The sources of the information contained within the Pinderpack are as expressly stated. Potential Purchasers and Interested Parties should note that the pack is not intended to replace any of the usual prudent and appropriate enquiries and investigations to be expected of a potential purchaser or their advisers. Pinders can accept no liability to any party relying upon the information or assessments contained therein. |
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| Usual enquiries include, but are not limited to, the taking of independent professional advice from solicitors, accountants and valuers; the entering into of a professionally drawn acquisition agreement; the taking up of all necessary trade and bank references; the inspection of The Vendor's accounts; examinations of all necessary consents, regulations, permissions, licences and by-laws; and all the usual searches and other precautions taken by a solicitor, accountant or other professional adviser in connection with the purchase or mortgage of a property/business. |
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Any fees paid by a Potential Purchaser, or other party acting in relation to the purchase of The Business, will relate to additional work to be carried out in respect of the assessment of the Potential Purchaser's future plans and proposals for The Business. |
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Pinders, Pinder House, 249 Upper Third Street, Milton Keynes, MK9 1DS |
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VAT No. 3585265 26 Registered No. 3148183 England |
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