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Equipment Listing and Brokerage Agreement Terms and Conditions
The submitter of the “Free Equipment Listing Form” wishes to employ GrinderCrusherScreen (hereinafter called “broker”) to assist them as their broker, to sell certain equipment or machinery described under “EQUIPMENT TO BE SOLD” on the “FREE EQUIPMENT LISTING FORM”.
1: Seller hereby grants to broker the rights to sell the equipment. From the sale of the equipment, broker will pay seller the sum of money as written on the Free Listing Agreement under “Our Cost of Equipment”. Broker will retain 100% of the proceeds over and above that amount as compensation for its efforts.
2: Notwithstanding any other terms in this agreement, it is understood that seller may sell the equipment to any party that has not previously had his name and/or company name listed on a GrinderCrusherScreen Confirmation of Availability and Condition of Equipment Form.
3: Seller grants broker and his agents the right to inspect and show the equipment identified above, and hereby agrees to hold broker and its agents free from liability for any loss whatsoever arising from said efforts, including, but not limited to, fire, theft, storm, or act of God. It is expressly understood in connection herewith that broker does not assume care, custody, or control of said equipment identified above.
4: Seller agrees to pay broker a commission for any sale of the equipment or similar equipment whether by broker, by seller, or by any other person or entity if the purchaser is any person or entity identified prior to the sale by GrinderCrusherScreen Inc or representative of GrinderCrusherScreen Inc on a Confirmation of Availability and Condition of the Equipment Form. If anyone other than broker makes the sale to anyone or any company whose name or company’s name is identified on the GrinderCrusherScreen Confirmation of Availability and Condition of the Equipment Form, then, in that event, seller will pay broker a commission equal to the greater of 20% of the actual sales price or the amount broker would have retained had broker sold the equipment to the purchaser.
5: I certify that I am the owner, or legally represent the owner of the equipment identified above, and the listed equipment is owned free and clear of any security interests, or liens. If a security interest or lien exists, the owner must notify GrinderCrusherScreen at this time and provide lien holder’s name. I also certify that I have the right to sell same: that all information given by me is correct; that this listing and brokerage agreement contains all of the agreements of the parties; that no representations or warranties have been made to me except as are set forth herein; that I have read the foregoing and agree to the terms thereof, and that this agreement may not be modified or amended except by written instrument signed by and authorized representative of broker and by seller.
6: I understand this agreement shall be binding upon the heirs, assigns, successors in interest, and personal representatives of the signing party. In the event an attorney is retained to enforce the terms of this agreement, I agree that the prevailing party shall be entitled to receive reasonable attorney fees and court costs from the unsuccessful party. Receipt of a copy of this listing and brokerage agreement is hereby acknowledged.
7: The Parties acknowledge, admit, and agree that this Agreement is being made and entered into in Cobb County, Georgia, that by entering into this Agreement, the Parties are conducting business in Cobb County, Georgia, and that they are purposefully availing themselves of the benefit of conducting business in Cobb County, Georgia. Thus, jurisdiction and venue for any dispute concerning this agreement shall only be proper in the State and Federal Courts in Cobb County, Georgia (USA). Further, and to the fullest extent possible, the Parties waive any and all objections to litigation of disputes concerning this Agreement in Cobb County, Georgia.
If you agree to the terms set forth above then please use our Free Listing Form (link below) to list your equipment: