Dealer Obligations. 2.1 The Dealer is registered to sell the products (“Products”) listed on the JAC website (xxx.xxxxxxxxxxxxxxx.xxx) to owners and operators. Dealer may sell an uninstalled product to another registered JAC dealer upon JAC approval. Any other sales of uninstalled product must be approved in writing by JAC in advance of sale.
2.2 JAC dealerships are awarded based on specific location of a particular shop or company. A shop or company which operates from more than one location (satellite facilities) is only registered to sell, service, and install JAC products from the specific location/facility registered as a dealer. Satellite facilities must apply for and receive dealership approval on an individual basis before they are registered to sell, service, or install JAC products.
2.3 The Dealer agrees that all systems and/or equipment purchased from JAC will be installed at the Dealer’s facility as approved and assigned by JAC or under the direct supervision of the Dealer, who will be responsible for certifying the installation.
2.4 Equipment repair shall be performed by the factory or registered repair organizations only.
2.5 Dealers shall provide a current and valid FAA Repair Station Certificate (14 CFR Part 145) (or alternative national equivalent) with authorizations required to lawfully perform the services under this agreement. Additionally, Dealer must have under its control all specialized tooling and test equipment required to perform the services under this agreement.
2.6 Dealer agrees that product installations and work shall be performed in accordance with all local government and federal regulatory requirements. Dealer shall install all Products sold to end users where installation is required. Dealer shall comply with all current preparation and installation instructions that pertain to Products. Dealer shall familiarize customer with the warranty in accordance with the warranty requirements. Dealer shall use all commercially reasonable efforts to assist customer in making and resolving a warranty claim pursuant to the terms of the warranty. JAC accepts no obligation of any kind whatsoever in relation to any installation warranty given or offered by Dealer. Dealer agrees that it will not make any representations, warranties, or guarantees regarding the specifications, features, capabilities, or any other characteristic of the Product other than those contained in the latest written literature provided by JAC, or as required by any governmental law,...
Dealer Obligations. A. Dealer shall use and observe the highest standards of honesty, integrity and fair dealing.
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. 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. 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. Dealer shall at all times during the term of this Agreement devote commercially reasonable efforts to promote and sale the Services to End-Users consistent with good business ethics and in a manner that will reflect favorably on the Services and on the goodwill and reputation of TotalMD. Dealer shall ensure End-Users complete and return the applicable TotalMD Order forms and that the End-User’s name and related contact information is accurate. Dealer shall provide each End-User with a copy of the End-User License Agreement, Terms of Service, Service Level Policy, Support Policy, and System Requirements for the Services.
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. The amounts and obligations now or hereafter owing to GMAC by any members of the Rush Group under the Wholesale Facility, Other Financing, Retail Financing, and any and all other indebtedness, obligations, or liabilities of each member of the Rush Group whether direct or indirect, liquidated or contingent, are referred to hereinafter as "Dealer Obligations." The Rush Group hereby promises to pay to GMAC all Dealer Obligations promptly on demand, except as may otherwise be set forth in accordance with the express terms and conditions of this Agreement, the Loan Documents and the GMAC Forms (as defined in Section 4.10).
Dealer Obligations. During the term of this Agreement, the Dealer shall:
a) take i3’s mandatory sales and technical training prior to selling the I3 Digital Video Management System (“DVMS”) or any other i3 product or service;
b) use its best efforts to advertise and promote i3’s Products, and make regular and sufficient contact with the present and future customers of the Dealer in the Territory;
c) maintain adequate sales, warehouse and service facilities including protecting from damage or loss and maintaining sufficient stock of all the Products and repair parts to ensure prompt service to customers, and the
d) include the I3 DVMS in advertising, promotional, and other marketing events;
e) service any of the Products when called upon, whether or not such Products were sold by the Dealer, and provide technical support services to the Dealer’s customers;
f) provide and maintain signs identifying its place of business as a sales and service outlet for the Products in good condition and in conspicuous and appropriate locations both inside and outside the Dealer’s place of business;
g) promptly comply with the Policies Terms and Conditions as herein set forth in all dealings with i3, and promptly pay to i3 all proper charges invoiced by i3 including the sale price set by i3 for all Products in effect at the time of shipment;
h) partake in i3’s annual sales and technical training program for all sales and technical staff working with the DVMS; and
i) not misrepresent any information regarding i3 or the Products;
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...
