BRINDLEE MOUNTAIN FIRE APPARATUS
15410 Hwy 231 Union Grove AL 35175 ∙ 256-776-7786
Listing and Marketing Commission Agreement
By submitting an apparatus listing through the Brindlee Mountain Fire Apparatus, LLC ("Brindlee") online listing portal, the individual or entity submitting the listing ("Seller") represents and warrants that they are duly authorized to do so and hereby agrees to enter into the following contractual agreement (the "Agreement") with Brindlee, effective as of the date the listing is submitted through the website.
By submitting the listing, the Seller acknowledges and agrees that such submission constitutes acceptance of and agreement to the terms and conditions of this Agreement.
Seller grants Brindlee the non-exclusive right to offer the Apparatus for sale for the List Price. Brindlee shall have the right, but not the obligation, to market and advertise the Apparatus in any media of Brindlee's choosing, including the internet. Seller represents and warrants that the information provided to Brindlee by Seller, Owner and their agents and representatives regarding the Apparatus is true and correct. To the extent provided by law Seller shall be responsible for any claims, losses, damages, penalties, or similar liability (collectively, "Liability") resulting from inaccuracies in or omissions it provided in such information. Notwithstanding the foregoing, nothing in this agreement shall constitute a waive or Seller or Owner's governmental immunity.
Seller agrees to pay Brindlee the commission set forth below (the "Commission") if Seller or Owner sells the Apparatus or any other fire apparatus to a buyer referred by Brindlee (a "Referral"), or anyone acting on behalf of a Referral, whether or not the Apparatus is sold at the List Price.
The Commission shall be calculated as follows:
10% of the sales price if the subject Apparatus is sold for less than $200,001; and
7% of the sales price if the subject Apparatus is sold for a price from $200,001 to $350,000; and
5% of the sales price if the subject Apparatus is sold for a price above $350,000
Payment of the Commission will be made to Brindlee within 10 days after the sale of the subject Apparatus. Seller shall pay interest in the amount of 1.5% per month on Commission not paid within such 10 day period. Seller further agrees that any additional costs incurred by Brindlee as part of collection efforts for past due Commission will be reimbursed to Brindlee by Seller. The Commission rights of Brindlee and the Commission obligations of Seller set forth in this Agreement shall survive expiration or termination of this Agreement.
Seller agrees to notify Brindlee at the time of sale of the Apparatus as to the sales price and the name and address of the buyer, regardless of whether such buyer is a Referral which was referred by Brindlee. Seller agrees that if Seller fails to provide such information then Seller will pay a Commission to Brindlee as if the buyer of the Apparatus was a Referral referred by Brindlee and the Apparatus was sold at the List Price.
Either party may terminate this Agreement at any time by notifying the other party in writing and providing at least 5 days' notice of termination. If any sale of the Apparatus takes place to a Referral previously referred by Brindlee within one year subsequent to termination of this Agreement, Seller shall pay the same Commission to Brindlee as would have been paid if this Agreement had not been terminated.
Seller agrees that Brindlee may list, market and sell other fire apparatus to prospective buyers who are interested in the Apparatus, including but not limited to fire apparatus owned by Brindlee.
This Agreement shall create an independent contractor relationship between Brindlee and Seller. Brindlee shall at no time be considered an employee of Seller. Seller represents that Seller has full authority to enter into this Agreement. This Agreement constitutes the entire agreement between the parties. This Agreement and the terms and conditions herein may not be amended, modified or waived except by the written agreement of the parties hereto. The failure of the parties to adhere to strictly to the terms and conditions of this Agreement shall not constitute a waiver of the right of the parties later to insist on such strict adherence.
This Agreement may be executed in any number of separate counterparts and all such executed counterparts shall constitute one agreement, which shall be binding on the parties notwithstanding that all parties are not signatories to the same counterpart or counterparts. Each party may transmit its signature by facsimile or e-mail (.pdf or similar) to the other party or parties, and any faxed or e-mail signature and/or faxed or e-mail counterpart of this Agreement shall have the same force and effect as an original. This Agreement shall be governed by, construed, and enforced in accordance with the laws of Alabama. The undersigns by execution and delivery of this Agreement do hereby submit to the exclusive jurisdiction and venue of the state courts located in Oakland County, Michigan or the U.S. District Court for the Eastern District of Michigan-Southern Division.
Revised 01/08/2026