Dealer Agreement
Grant of the Franchise
This Dealer Agreement ("Agreement") is entered into effective the ___ day of
19__ (the "Commencement Date") by and between Land Rover North America, Inc., a
Delaware Corporation with its principal place of business located at 0000
Xxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxxxx 00000 (hereafter "Company") and
Dealer Name:
(hereafter "Dealer")
Business Entity:
(corporation, partnership, sole proprietor, etc.)
Place of Incorporation/Registration:
Principal Business Address:
(Street, City, County, State, Zip Code):
Doing Business As:
Dealer Principal: Name
Residence Address
Phone Number
Purpose and Expectation
The purpose of this Agreement is to:
A. Authorize Dealer to sell and service Land Rover Products and to display the
Land Rover marque and represent itself as a Dealer of Land Rover Products,
all in accordance with the terms of this Agreement.
B. Describe the basic rights and obligations of the parties to the
relationship and the terms and conditions upon which the rights are granted
and the obligations imposed.
C. Affirm an expectation between the parties that each of the parties will
perform its obligations in a relationship of trust and confidence with the
other and recognize that a successful long-term relationship will result
from the mutual performance of such obligations.
D. Combine Dealer with Company and with other dealers into a distribution
system dedicated to delivering to the automotive consumer in the United
States an ownership experience that has never been previously enjoyed
resulting in unparalleled repeat purchases of Land Rover Products.
Joint Undertaking
In addition to fulfilling the terms and conditions of this Agreement, the
parties agree to work jointly to achieve their
goals, and to maintain the standards of excellence inherent to Land Rover
products.
Company will plan and oversee strategic marketing initiatives to ensure
successful development of the Land Rover brand and distribution of products in
the marketplace.
One such initiative is development of the Land Rover brand. Enjoying a truly
unique position in automotive markets throughout the world, the Land Rover brand
is best characterized by its Marque Values. These principles embody the quality
and craftsmanship built into every Land Rover product. They also serve as the
cornerstone of marketing efforts worldwide.
Land Rover Marque Values
INDIVIDUALISM - Knowing your own mind: independence
AUTHENTICITY - Fit for purpose: the original
FREEDOM - Go where you want to go: choice
ADVENTURE - Exploring the unknown: with care for the environment
GUTS - Giving everything you've got: endurance
SUPREMACY - Superior to all competitors: leadership
To ensure integrated and consistent promotion of the Land Rover brand, Company
will provide Dealer comprehensive training, marketing and product development
programs as well as overall brand development strategies.
Selected by Land Rover for exceptional business practice, Dealer Principal is an
ethical operator of a retail motor vehicle sales and service facility staffed
with personnel experienced in the automotive business and recognized as the best
in the community.
The Land Rover Customer is a discriminating consumer with high quality and
service expectations. Dealer, therefore, is expected by Company to:
Require the personal involvement of the Dealer Principal, all individuals
connected with Dealer and recognize Company's reliance on representations
with respect to that personal involvement made elsewhere in this Agreement.
Conduct sales and promotional efforts consistent with Land Rover's elite
image.
Provide a facility that is immediately identifiable as Land Rover and one
that evokes excitement and enthusiasm about Land Rover Products.
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Maintain a staff of highly trained professionals who are genuinely
enthusiastic about Land Rover Products and equally dedicated to deliver the
ultimate ownership experience.
Implement operating procedures applicable to all Dealers so that the
customer will receive consistent, quality service from every Land Rover
Product Dealer, regardless of location.
Standards of Performance
Dealer and Company agree that the performance standards contained and/or
referred to in this Agreement describe minimums only.
To achieve the highest level of customer satisfaction possible in the sales,
performance of warranty and maintenance process, as well as to achieve the
repeat sales level that the parties need to properly and successfully develop
the Land Rover marque in the U.S., the parties agree to achieve exceptional
standards of performance.
In addition to meeting these high standards, the parties agree that the
standards themselves will move to even higher levels as competition increases
and consumer tastes and demands change.
Thus the parties recognize that customer satisfaction is dependent upon
Company's development of the Marque Values and that Dealer will provide the
highest level of sales and service satisfaction through a dedicated, well-
trained staff that meets and/or exceeds customer expectations.
Grant
Based upon the mutual representations contained herein, Company is pleased to
grant to Dealer the right to sell Land Rover Products and to make Dealer a part
of the Land Rover distribution system, together with such rights, privileges and
obligations that accompany said appointment.
Term
Subject to the provisions of this Agreement, it shall commence on the
Commencement date and continue for a period until ____________. The Agreement
shall be renewable annually for a _________ year period from ___________ of the
year in which the renewal review is conducted. On or before __________ of each
year the parties will meet and conduct a review of Dealer's performance for the
year of the review against that year's previously agreed performance goals.
Dealer is assured the opportunity to renew the Dealer Agreement with Company at
the expiration date, subject to Company's determination that Dealer continues to
fulfill its obligations under the Agreement and subject to Article 12.4.12 and
Article 12.4.13.
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Modifications
In accordance with the terms of section 14.5 hereof, section 1.1 "Agreement" is
modified by the addition of the Shareholders Agreement Exhibit and Article 8 is
amended by the deletion of section 8.3 and the substitution of a new section 8.3
attached hereto.
"Company"
By
------------------------
"Dealer'
By
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"Dealer Principal"
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