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Welcome to Ozark Mountain Railcar

 

 

   

 

        

 

Thank you for registering as a Buyer with Ozark Mountain Railcar. When you accept the terms of service you are agreeing to our Buyers Agency Agreement, don't worry you're not agreeing to buy anything. Our Buyers Agency Agreement is basically a confidentiality agreement and you agree not to release information provided to you by our company to third parties without our permission. In addition you also agree to utilize the services of our company ONLY for the equipment that we represent. You can still buy from anyone else, but if the item is on our site then you will need to use the services of our company for the purchase.

 

If you have ever bought a house you have agreed to the same terms, our agency agreement is based on a similar document used in the Real Estate industry. If you have any questions regarding our Agency Agreement please contact our office at 417-336-2401

 

WEBSITE BUYERS AGENCY AGREEMENT TERMS OF SERVICE

 

1.  DESCRIPTION OF SERVICES- Beginning on today's date, OMR will provide to CLIENT the following services (collectively, the Services. Brokerage services for the purchase of railroad rolling stock, equipment, parts and services as represented by Ozark Mountain Railcar. CLIENT agrees to utilize the services of OMR  to facilitate the purchase of any equipment represented by OMR. CLIENT; agrees that any inspections, offers for purchase/lease and any related transfer of information required on any equipment represented by OMR and/or any of OMRs listing clients will be handled through the office of OMR. CLIENT; agrees that any information on equipment location, ownership and any other details will not be disclosed to third parties or other prospective Buyers. CLIENT; agrees that any and all decisions which may be based on information provided by OMR or information on its website are entirely the responsibility of the buyer.

2. TERM- This contract will terminate on 12/31/2020. This Buyers Agency Contract shall also apply to any expired or current listings of OMR presented or described to Buyer by anyone during the Agency Period if a sales agreement is entered into by Buyer within 180 days after expiration of the Agency Period (the Protection Period

3.  CONFIDENTIALITY-  OMR and its employees, agents and representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of OMR or divulge , disclose or communicate in any manner, any information that is proprietary to CLIENT. OMR and its employees, agents and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. 

4. ERRORS OR OMISSIONS- OMR makes all reasonable efforts to ensure that all information provided through OMR and/or its website is accurate; however, it is possible from time to time there may be occasional errors or omissions, for which OMR shall not be held responsible for.  OMR makes no representation or warranty, express or implied, as to the accuracy or completeness of the information provided or the contents of its website.  Neither OMR nor its related companies, associates, directors, officers, employees or agents shall have any liability to any person(s) or entity(ies) for any direct, special, indirect or consequential damages, or any other damages of any kind whatsoever, or for costs or expenses resulting from their use of information provided by OMR or the contents of its website.  Any and all decisions which may be based on information provided by OMR, its employees, agents and/or representatives, or information provided on its website, are entirely the responsibility of the potential buyer(s).

5.      REMEDIES- In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provisions term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defending party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default (s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of the Contract. 

6.      ENTIRE AGREEMENT- This Contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This contract supersedes any prior written or oral agreements between the parties.

7.      SEVERABILITY- If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited. 

8.      GOVERNING LAW- This Contract shall be construed under the law of the state of Missouri.  Jurisdiction for any litigation related to this Contract shall be exclusive to Taney County, Missouri.  In the event either party has to bring suit on account of the other party’s breach of this Contract, the non-breaching party shall be entitled to reimbursement for its reasonable attorney’s fees and costs incurred therein.  The parties, by entering into this Contract, agree to waive their right to a jury trial in the event it is necessary to file suit.

 

9.      NOTICE- Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

10.      ASSIGNMENT- Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. 

11.  INDEMNIFICATION- CLIENT agrees to fully exonerate, indemnify and hold harmless OMR from and against all claims or actions and all expenses and costs (including attorney fees) incidental to the defense of any such claims or actions based  upon or arising out of damage or injury (including death) to persons or property caused by or sustained in connection with the performance of this Agreement, or by conditions created thereby, and, if requested by OMR, to assume without expense or cost to OMR, the defense of any such claims or actions.

 

 

 

 
 

 

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