Dealer's Responsibilities. Dealer agrees to:
A. Devote its best efforts to aggressively promote, display, advertise and sell Products at each Dealer Location and in the Territory and Dealer Region in accordance with the terms of this Agreement and all applicable federal, state and local laws. Dealer shall display and utilize at each Dealer Location signs, graphics and image elements with Sea Ray’s Identification as defined herein, subject to approval by Sea Ray, that will positively reflect the Sea Ray image and promote the retail sale of the Products.
B. Achieve the performance standards set forth as follows and in the related Exhibit B (collectively, “Performance Standards”) for each Dealer Region. Sea Ray, in collaboration with Dealer, will establish fair and reasonable Performance Standards for each of the Dealer Regions under this Agreement which Performance Standards shall be established in a manner similar to those applied to domestic Sea Ray dealers. Performance Standards shall include minimum requirements relating to inventory stocking levels, provision of annual sales forecasts, submission of orders pursuant to the terms of Sea Ray’s then current buying program, unit retail sales based on Product registrations for Products in each Dealer Region, customer satisfaction (e.g., Net Promoter Scores) and Product marketing support. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. Sea Ray, in collaboration with Dealer, will establish the Performance Standards taking into consideration factors such as population, sales potential, market share percentage of the Products sold in the Territory as compared to competitive products sold in the Territory, product availability, economic conditions in the Dealer Region(s) and Territory, competition from other marine dealerships in the area, past sales history, historical Product mix and stocking practices, existing Product Inventory, adequacy and ability of the Products to meet customer demand in the Territory, number of locations, and any special circumstances that may affect the sale of Products or the Dealer. The Performance Standards for the first Product Model Year of this Agreement are agreed to and identified in Exhibit B. Sea Ray, in collaboration with Dealer, will, in subsequent y...
Dealer's Responsibilities. Dealer agrees to:
A. Devote its best efforts to aggressively (i) promote and advertise Products at each Dealer Location and in the Territory, and (ii) display and sell Products at each Dealer Location, in each case in accordance with the terms of this Agreement and all applicable federal, state and local laws. Dealer shall display and utilize at each Dealer Location signs, graphics and image elements with Company's Identification as defined in this Agreement, subject to approval by Company, that will positively reflect the Company image and promote the retail sale of the Products.
B. Purchase and carry on hand at all times at each Dealer Location a sufficient inventory of current Products to meet the reasonable demand of customers at each Dealer Location, as outlined by the Company.
C. Maintain at each Dealer Location (unless a sales location only, and then service shall be provided at another Dealer Location) a service department that Dealer agrees to staff, train, and equip to promptly and professionally service Products; and to maintain at each Dealer Location parts and supplies to properly service Products on a timely basis.
D. Properly perform any and all necessary Product rigging, installation, and inspection services prior to delivery to the purchaser as required by Company's current written policy and perform post-sale service of all Products originally sold by Dealer or brought to Dealer for service. Dealer will be required to provide or arrange for warranty and service work for Product regardless of the selling dealer of the Product or condition of sale. Dealer will provide appropriate instructions to purchasers on how to obtain warranty and service work from the Dealer. Dealer will secure all Product inventory against weathering and other damage, and maintain inventory in a like new and unused condition.
E. Furnish each Product purchaser with Company's limited warranty on new Products and with information and training as to the safe and proper operation and maintenance of the Product.
F. Warranty register each retail sold Product on Compass upon delivery of Product to the purchaser and with purchaser’s consent, provide the purchaser’s name, address, email address and phone number for the purpose of assisting Company in performing Product defect and recall campaigns. Further, Dealer agrees to warranty register any Product purchased and used for lease, rental or other commercial purposes on Compass before using the Product. If Dealer fails to regi...
Dealer's Responsibilities. 4 A Mutually Beneficial Relationship..........................................4
Dealer's Responsibilities. The Company depends upon its dealers, individually and as a network, to: o manage a properly located, fully equipped Dealership in a professional manner o staff the Dealership with competent personnel o sell sufficient quantities of Products into the appropriate applications o provide prompt and reliable service to customers o project a caring attitude toward customers. By fulfilling their respective responsibilities under this Agreement, the Company and the Dealer will be able to establish and maintain a mutually satisfactory relationship. DEALER SALES AND SERVICE AGREEMENT 5 THE COMPANY AND THE DEALER AGREE:
Dealer's Responsibilities. The Dealer has two primary functions in the Area of Responsibility: o to develop the business of selling and servicing Products o to support Product customers. The Company relies upon the Dealer to: o develop and deal directly with a strong customer base in the Area of Responsibility o conduct all business activities in a manner that reflects favorably upon, and preserves the goodwill and reputation of, the Dealer, the Company, and all other Company dealers o give adequate care and attention to all aspects of Dealership business, including, among others: -- Truck sales -- Parts sales -- Volvo Component sales -- repair service -- used truck sales -- finance and insurance -- administration -- other support services and special customer programs.
Dealer's Responsibilities. Division's obligation to purchase Eligible Items is subject to Dealer fulfilling its responsibility under this subsection. Within fifteen days following the effective date of termination or expiration of this Agreement, Dealer will furnish Division with a list of vehicle identification numbers and such other information as Division may request pertaining to eligible Motor Vehicles. Dealer will deliver the eligible Motor Vehicles to a destination determined by Division that will be in a reasonable proximity to Dealer's Premises. Within two months following the effective date of termination or expiration of this Agreement, Dealer will mail or deliver to General Motors a complete and separate list of each of the Eligible Items other than Motor Vehicles. Dealer will retain the Eligible Items until receipt of written shipping instructions from General Motors. Within thirty days after receipt of instructions, Dealer will ship the Eligible Items, transportation charges prepared, to the destinations specified in the instructions. Dealer will take action and execute and deliver such instruments as necessary to (a) convey to Division and General Motors good and marketable title to all Eligible Items to be purchased, (b) comply with the requirements of any applicable state law relating to bulk sales or transfer, and (c) satisfy and discharge any liens or encumbrances on Eligible Items prior to their delivery to Division and General Motors.
Dealer's Responsibilities. Dealer agrees to:
A. Devote its best efforts to aggressively promote, display, advertise and sell Products at each Dealer Location in accordance with the terms of this Agreement and all applicable federal, state and local laws. Dealer shall display and utilize at each Dealer Location signs, graphics and image elements with Sea Ray's Identification, subject to approval by Sea Ray, that will positively reflect the Sea Ray image and promote the retail sale of Products.
Dealer's Responsibilities. A. Dealer agrees to purchase the Products from BOA and to sell the Products to retail customers through a retail sales program developed by the Dealer and intended to promote the unique design and technical qualities of the Products. Dealer specifically further agrees to fulfill its responsibilities provided for in Exhibit A in addition to its other responsibilities provided for in Exhibit A in addition to its other responsibilities provided for herein. In order to provide the degree of marketing efficiency necessary to successfully implement BOA's limited distribution system for the Products, Dealer agrees not to, directly or indirectly, sell or permit the sale of Products from a retail location other than those identified in Exhibit A, without specific written authority from BOA to sell the Products at such other retail location. In recognition of the unique nature of the Products and the critical importance of assuring their proper presentation and demonstration Dealer agrees to not sell the Products directly or indirectly to any person other than a retail customer or another duly authorized BOA dealer. Dealer further agrees to not sell the Products in connection with any telephone or mail order solicitation, and agrees to engage in reasonable effort to provide each retail customer with an in-person demonstration of the Products. BOA reserves the right to increase or decrease the number of authorized BOA dealers in any area at any time.
Dealer's Responsibilities. Dealer shall:
A. Best Efforts. Devote its commercially reasonable best efforts (i) to appropriately promote, display, advertise (including without limitation attending, producing, arranging for delivery of vessels, and managing the production of the displays for each of the Manufacturers and for the Ferretti Group, at regional boat shows (as set forth on Exhibit B-1 and B-2) at its own expense and (ii) to sell the Products in accordance with the terms of this Agreement and as specified, without limitation, in accordance with the advertising and promotional guidelines set forth in Exhibit B-1 and B-2. Dealer will submit an advertising and promotional plan to FGUSA and Xxxxxxx, respectively, yearly within thirty (30) days of each anniversary of the Effective Date.
Dealer's Responsibilities. DEALER's right to reimbursement hereunder is contingent upon the following:
(i) Within thirty (30) days after the date of expiration or the effective date of termination of this Agreement, DEALER will request HMA in writing to purchase its qualifying inventory and will provide HMA with a detailed and accurate list of such inventory. After receiving such list, HMA may, in its discretion, enter upon DEALER's premises to verify such inventory as qualifying under Paragraph 16(D)(3)
