Dealer Obligations. Xxxxxx agrees to follow the guidelines as issued by Company concerning the Program. Furthermore, Dealer agrees to comply with applicable law and all terms and conditions of the corresponding Program Application. Dealer agrees to use only the Applications provided by Company, and to register only those vehicles eligible for coverage under the Program. Dealer agrees to disclose to customers all material terms for each Program offered, including but not limited to: administration fees, deductibles, coverage periods, exclusions, eligibility, as well as other material terms. Dealer agrees to hold all funds collected for the Program, which are payable to Company, in a fiduciary capacity. Xxxxxx agrees to remit the cost for each Application in accordance with the Company’s requirements within sixty (60) days of Application issue date. Company reserves the right to refuse/return the Application to the Dealer, and notify the purchaser of the refusal/return of the Application. No coverage will be granted for non-timely or incomplete Application submission by Dealer. If an Application is remitted to Company more than sixty (60) days from Application issue date, Dealer may be required to provide a Late Submission Agreement, under which Dealer agrees to be responsible for any claims occurring prior to the remittal of the Application. Company reserves the right to charge a late remittal fee of fifty ($50) dollars for each Application remitted more than sixty (60) days from the Application date. Dealer agrees that Company shall have the right to offset any amount Company may owe Dealer against any sums the Dealer may owe for any obligations of Dealer to Company. Dealer agrees to refund any amounts owed, as calculated by Company in accordance with applicable law and the Application terms and conditions, in a timely manner. Xxxxxx agrees to indemnify and defend and hold Company, and their officers, directors, employees, and agents, harmless from any claim, liability, damage, loss, or expense, including attorney’s fees resulting from any negligence, act, omission, willful conduct or misconduct, or failure to act by Dealer, or its employees or agents. In the event a retail customer cancels a cancellable Application, each party shall be responsible for a portion of the customer’s entitled refund. Such portion shall be in the same ratio that the parties shared in the original amount paid by the customer for the Application in question. Such refund obligation by each party shal...
Dealer Obligations. A. Dealer shall use and observe the highest standards of honesty, integrity and fair dealing.
Dealer Obligations. During the Term of this Agreement, each Party, when acting as a Dealer hereunder, agrees that it will:
4.1.1 Comply at all times with Applicable Law, the other Party’s Policies and Procedures, including the requirement to collect all Customer Materials, and obtaining all Licensing Requirements to perform Dealer services in the Territory.
4.1.2 Conduct its business and represent the other Party in a professional, ethical, legal and businesslike manner in such a manner that its actions or the actions of its personnel will not jeopardize such other Party’s relationships with their communities of operation and with their Customers and Prospective Customers.
4.1.3 Comply at all times with the terms of any agreement between the other Party and its Financing Partners, to the extent that such terms have been communicated by such other Party, as applicable.
4.1.4 Provide, for each Representative in writing, to the other Party the (i) full name, (ii) email address, and (iii) sales office, prior to allowing such Representative to perform any Dealer services on behalf of such Party. Confidential 5 A&R Sales Dealer Agreement (Vivint Solar Developer, LLC – Vivint, Inc.)
4.1.5 Require each Representative to provide personal identifying information to the other Party, in writing, including but not limited to the Representative’s; (i) full name, (ii) physical address, (iii) primary and secondary email address, (iv) date of birth, (v) telephone number, (vi) location of specific Dealer office, and (vii) any other information required to register the Representative with the other Party and its Financing Partner’s, prior to allowing such Representative to perform any Dealer services on behalf of such other Party.
4.1.6 Require each Representative to submit a background check authorization to the other Party (the form of such authorization to be provided by such other Party) prior to allowing such Representative to perform any Dealer services on behalf thereof.
4.1.7 Not permit its Representatives to perform Dealer services on behalf of the other Party until such other Party has, in its sole discretion, determined the fitness and eligibility of each such Representative to render Dealer services on its behalf.
4.1.8 Require each of its Representatives to: (i) comply with the Licensing Requirements; (ii) correctly identify themselves as employees of the Party acting as Dealer and never as an agent or contractor of the other Party; (iii) be trained on the terms and requirements of...
Dealer Obligations. A. DEALER shall use its best efforts to solicit or provide CONTRACTS to CONTRACT HOLDERS, to be administered by COMPANY, and shall do so only on forms which have been approved by COMPANY. Each approved CONTRACT shall be sold or provided only for a qualified unit and only in accordance with and subject to COMPANY’s programs, coverages, rules and fees indicated as the cost on COMPANY’s current rate card in effect at the time such CONTRACT is sold or provided. DEALER agrees it shall not make any representations altering, varying, or contrary to the express provisions contained within the CONTRACT. COMPANY may at any time revise its programs, coverages, rules and fees, and DEALER shall promptly conform to any such revisions. COMPANY shall not be obligated to perform administrative services with respect to any CONTRACT sold or provided by DEALER on a form which has not been approved by COMPANY or the use of which has been discontinued by COMPANY or is otherwise sold or provided in violation of this AGREEMENT. DEALER acknowledges that the PROGRAM has been developed by COMPANY, and that DEALER has been authorized to use the PROGRAM’s trade names, promotional material, CONTRACT forms and proprietary procedures associated therewith only during the term of this AGREEMENT. At the termination of this AGREEMENT, DEALER shall return all such materials and CONTRACT forms to COMPANY and shall not continue to use the PROGRAM’s trade names, forms, or proprietary procedures.
B. DEALER shall, as promptly as possible following the sale or provision by DEALER of each CONTRACT, but no later than thirty (30) days after such sale or provision, remit to COMPANY completed copies of CONTRACTS together with the net dealer cost for such CONTRACTS as set forth in the most recent dealer rate schedule provided to DEALER by COMPANY. DEALER shall hold amounts payable to COMPANY in a fiduciary capacity and as a trustee for COMPANY. Neither COMPANY nor insurance carrier shall have any obligation to DEALER or CONTRACT HOLDER with respect to any CONTRACT until DEALER shall have timely remitted to COMPANY the full amount of the net dealer cost as provided in this paragraph. The dealer rate schedule shall include both insurance premiums and administration fees. The administration fee shall be retained by COMPANY; the insurance premiums shall be forwarded to the insurance carrier. The rate schedule may be periodically adjusted by COMPANY and any adjustments shall take effect thirty (30) days after...
Dealer Obligations. Upon the termination of this Agreement, Dealer shall promptly:
(a) return all NFR Products to Supplier;
(b) cease to represent itself as Supplier’s authorized dealer regarding the Products, and shall otherwise desist from all conduct or representations that might lead the public to believe that Dealer is authorized by Supplier to sell the Products;
(c) return to Supplier or destroy all documents and tangible materials (and any copies) containing, reflecting, incorporating or based on Supplier’s Confidential Information;
(d) permanently erase all of Supplier’s Confidential Information from its computer systems, except for copies that are maintained as archive copies on its disaster recovery backup systems or its information technology backup systems, in which case Dealer shall destroy any such copies on the normal expiration of its backup files; and
(e) certify in writing to Supplier that it has complied with the requirements of this section.
Dealer Obligations. By agreement with the manufacturer, the dealer is obligated to maintain the Product prior to retail sale, to perform a detailed pre-delivery inspection with the customer and to repair or replace any parts necessary to correct defects in material or workmanship prior to delivery.
Dealer Obligations. Dealer agrees to comply with the following obligations:
a. Dealer agrees to use the Company’s trademarks and trade names (the “Marks”) in a reasonable manner and will do nothing that will impugn or damage the Marks. Moreover, Dealer will not use any of the Marks in its legal, trade or business name, or in its internet website URL.
b. Dealer agrees to provide the end consumer with all relevant Service Agreements. Moreover, Dealer agrees to assist the end consumer in registering the Service Agreements. All of the Company’s and its affiliates’ warranties on the Products are issued directly to the end user, on the terms of Company or its affiliates’ written warranties in effect from time to time. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY (EXCEPT OF TITLE) TO ANY INTERMEDIARY PURCHASER.
c. Dealer agrees to comply with all relevant federal, state and local, laws, rules, regulations, orders, codes and ordinances. Dealer also agrees to maintain all necessary permits, licenses or certifications required by local, state, federal and provincial authorities in connection with the performance of Dealer’s responsibilities under this Agreement. In addition, if Dealer operates within the state of Florida, Dealer shall comply with Florida law regarding sales representatives for service warranty associations or insurers, including, but not limited to, the following (when applicable): licensure, appointment, renewal, continuation, reinstatement, and termination. Pursuant to Regulation 5- 1-12, Volume 3 Colorado Code of Regulations 702-5, Section 5, if Dealers sells a Service Agreement in Colorado, Dealer agrees to provide all services promised to the holder of that Service Agreement whether or not Company becomes bankrupt or otherwise ceases to function in the manner anticipated by this Agreement or the Service Agreement.
d. Dealer agrees to sell, service repair and install all Products in accordance with the instructions of Company’s affiliates
e. Dealer agrees to ensure that Service Agreement claim submissions are valid and proper.
f. Dealer agrees not to remove, disconnect or negate any safety device or features of Products. Dealer agrees not to alter any labels, plates or tags on Products.
g. Dealer agrees to allow Company or any Company affiliate to send customer satisfaction surveys to end consumers to understand how their experience could be improved. Company and its affiliates may share the results of these surveys with the Dealer, but not share any information pec...
Dealer Obligations. 3.1 Qualification Dealer shall own and operate a legally registered business in Canada and possess premises to conduct dealership related activities. Ideally, Dealer will be an established “Racing Business”. Dealer shall submit a copy of its business license to Red Camel Racing Inc. within 10 business days after signing of this Agreement.
Dealer Obligations. As an appointed and Authorized Dealer of the Products, Dealer agrees that it will: Utilize its best efforts to promote and sell the Products within the Territory (as defined in Schedule A) from its Approved Locations; Maintain quality facilities for the on-premise demonstration and sale of Products; Use Product information supplied, and proper product training materials provided by Cleer and/or developed for the consumers’ educational enhancement; Display and have available for sale Products having the appropriate relationship with respect to volume, value, and image; Comply with (1) applicable federal and state laws, standards and regulations, and (2) principles of good conduct and business ethics; Refrain from any unfair competitive practices, including, but not limited to, product disparagement or bait and switch practices; Dealer shall bear the responsibility to directly assist and process warranty claims for End-Users according to the Sellers’ current warranty policy for products within 30 days of the original end user purchase date.
Dealer Obligations. (i) Upon receipt of a signed Order Form, Infomedia will schedule the Installation & Training Services w i t h t he D eal er f or a mutually convenient dat e and time, generally within 30 days of the Commencement Date.
