Legal

Terms of business

Last updated: November 2026. These terms set out the basis on which Mercaria provides services to clients. They are governed by the law of England and Wales. By engaging our services, you agree to these terms. Our privacy policy and cookie policy explain how we handle personal information and cookies.

1. About us

Mercaria provides business improvement, sales brokerage, and post-deal support services to business owners and buyers in Devon and the South West of England. You can contact us at info@mercaria.co.uk. A postal address is available before you engage us, and it is set out in any engagement letter. We are not solicitors, accountants, financial advisers, or estate agents, and nothing we say constitutes legal, financial, tax, or professional advice. Where a transaction includes an interest in land, you should take advice from a solicitor.

2. Our services

We offer three categories of service:

  • Improvement services: Assessments, digital audits, operational reviews, modernisation planning, website and brand work, and social media support.
  • Brokerage: Sale preparation, confidential marketing, buyer introductions, negotiation, and deal management through to completion.
  • Post-deal support: Handover assistance and ongoing retainer support after a sale completes.

The specific services we will provide to you are set out in a written engagement letter or proposal before work begins.

3. Fees and payment

Fees for each service are agreed in writing before work begins. Unless stated otherwise:

  • Improvement services are charged as fixed fees or monthly retainers, invoiced in advance or upon completion as agreed.
  • Brokerage fees are agreed in writing before work starts. Contact us for pricing.
  • Post-deal retainers are charged monthly in advance.
  • Invoices are payable within 14 days of the invoice date unless otherwise agreed.
  • Prices quoted are exclusive of VAT unless stated otherwise.

Any indicative price guidance we provide for a business is not a formal valuation and should not be relied upon as such. Formal valuations should be obtained from a qualified valuer or accountant. Prices on this website are exclusive of VAT unless we say otherwise. VAT is charged where it applies. Figures shown as "from" a price are starting points based on scope, not a fixed quote.

4. Confidentiality

We treat all business information as strictly confidential. We will not disclose that a business is for sale without the owner's express written permission. We will not disclose a buyer's identity to a seller until both parties have agreed to proceed. Confidentiality obligations survive the end of our engagement.

5. Your responsibilities

To enable us to provide our services effectively, you agree to:

  • Provide accurate and complete information about your business
  • Respond to our reasonable requests for information in a timely manner
  • Keep us informed of any material changes to your business or circumstances
  • Not engage another broker or agent on the same basis without informing us
  • Obtain your own independent legal, financial, and tax advice before making any decisions based on our work

6. Anti-money laundering

Where the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 apply to a transaction, we will ask you to verify your identity, and the identity of any beneficial owners, and we may need to check the source of funds. We cannot proceed with that transaction until those checks are complete.

7. Liability

We will provide our services with reasonable care and skill. However:

  • We do not guarantee that a business will sell, or that a sale will complete at any particular price.
  • Any price guidance is indicative only and is not a professional valuation.
  • We are not liable for indirect, consequential, or special losses, including loss of profit, goodwill, or business opportunity.
  • Our total liability for any claim is limited to the fees paid by you for the specific service giving rise to the claim.
  • Nothing in these terms limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law. Any limit is also subject to the Unfair Contract Terms Act 1977.

8. Termination

Either party may terminate an engagement by giving 30 days' written notice, or immediately if the other party commits a material breach that is not remedied within 14 days of written notice. On termination, you will pay for all services provided up to the date of termination. If we have introduced a buyer who subsequently completes a purchase within 12 months of termination, our completion fee will still be due.

9. Intellectual property

We retain ownership of any templates, methodologies, and tools we use. Upon full payment, you own any bespoke work product created specifically for you, such as websites, brand materials, and reports.

10. Complaints

If you are unhappy with our service, please raise it with us first at info@mercaria.co.uk. We will acknowledge your complaint within 5 working days and aim to respond in full within 14 days. If your complaint is about personal information, you can also contact the Information Commissioner's Office at ico.org.uk.

11. General

These terms are governed by the law of England and Wales. Any disputes are subject to the exclusive jurisdiction of the courts of England and Wales. Our services are provided to people acting in the course of business. If you are dealing with us as a consumer, nothing in these terms affects your statutory rights, including rights under the Consumer Rights Act 2015. If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force. These terms, together with your engagement letter or proposal, form the entire agreement between us.

12. Contact

Questions about these terms: info@mercaria.co.uk.

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