AUTHORIZED DEALER REQUIREMENTS Download PDF
To remain an authozed dealer for SureCan, your business must adhere to this SureCan Authorized Dealer Policy at all times.
This Agreement is to establish Dealer as a Dealer of Company with the non-exclusive right to sell the Company's Products, including parts and accessories (hereafter called "Products") in the trade area served by Dealer and to establish the responsibilities of the parties.
II. TERMS OF SALE
Upon acceptance by Company of a Dealer order for Products, terms of purchase will be as set forth in this Agreement. Prices and terms for Products shall be those in effect on the date the Company accepts the Dealer order. Company will have the right to change the Product offering and the terms and prices therefore at any time, with a 90 day notice.
Credit terms will be accepted and negotiated between Dealer and SureCan Inc.
Payments for goods can also be by credit card, wire transfer, standard check or cashier’s check.
Company Products are sold subject only to the applicable Company standard printed warranty in effect at the time of sale and such warranty shall be in lieu of all other warranties express or implied. Dealer is not authorized to assume, on Company's behalf, any liabilities in connection with Dealer's sale of Product other than as set forth in such Company standard warranty. Dealer shall indemnify and hold Company harmless with respect to any Dealer representation beyond those in such Company warranty. COMPANY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Company shall not be responsible for failure to deliver Products on time or to fill orders when such delay or failure results from causes beyond Company's control. In Example: A natural disaster such as fire, storm damage or other act that is out of the control of the Company.
VI. RESPONSIBILITY OF DEALER
(A)Take possession of goods to sell and market as seen fit to remain profitable within a Brick and Mortar location, while maintaining Online MAP Pricing when selling online.
(B) Maintain inventory based on selling requirements
(C) Extend to Dealer's customers Company's applicable standard printed Product warranty which is in effect at the time of retail sale. Dealer understands that no other warranty is expressed or implied.
(D) Properly staff and train sales, service and parts personnel with respect to Products,
(E) Set up Products following Company's standard set-up instructions and explain proper operating and safety instructions to Dealer's retail customers, together with delivery of applicable written operating and safety instructions.
(F) Carefully store and care for all Products for which Dealer is indebted to Company under this Agreement and protect same from damage or loss from any cause.
(G) Encourage retail customers to use Company's original equipment parts (OEM) in the repair and replacement of Products in order to maintain the Products performance and high quality. Dealer shall not represent non-OEM parts as Company OEM parts.
(H) Cooperate with Company's Annual Performance Review, and any other programs or matters pertaining to the administration of this contract.
(I) Conduct the Dealer’s business in a lawful manner.
(J) Forward promptly to Company orders obtained by the Dealer.
(K) Dealer is not a representative of the Company and may not enter into any agreement that would be binding with any other company or business.
(L) Not use the Company’s name as part of the Dealer’s trade or business name.
(M) Pay all of the Dealer’s expenses, taxes, liability, and shipping.
(N) Hold Company harmless from any mismanagement on the Dealers part.
O) When selling to Amazon channels Dealer may not sell direct to Amazon as a customer, SureCan Inc. reserves this right to sell to Amazon. Dealer should notify SureCan Inc. if they are selling to Amazon as a Fulfilled By Amazon vendor.
Unless otherwise provided by applicable state law, either party may terminate this Agreement without cause and for any reason, upon not less than 60 days written notice given to the other party, provided that nothing contained herein shall prevent Company from immediately terminating this Agreement in the event of bankruptcy or insolvency of Dealer, Dealer's failure to pay any amounts owing Company when due, Dealer's failure to hold proceeds of the sale of Products in trust for Company, or Dealer's failure to maintain satisfactory insurance with respect to Products. Dealers failure to meet monthly order requirements. Upon termination for any reason, all amounts owed Company will become immediately due and payable.
IX. TRADEMARKS/TRADE NAMES
All Product Trademarks belong to Company and Dealer shall not acquire any rights therein by virtue of their use. Dealer is hereby licensed to use Company's name and trademarks in the normal course of distributing Company's Products and performing related services under this Agreement. Dealer agrees not to use Company's name as part of Dealer's name or in any manner which would misrepresent the relationship between Dealer and Company. Dealer may represent itself as an "authorized dealer" of Company, and, with prior approval of Company, may use Company's name and Product related trademarks on signs or other advertising or promotional material. Dealer's license to use Company's name and trademarks is limited and Dealer shall abide by restrictions and limitations imposed by Company from time to time. Upon termination of this Agreement, Dealer shall immediately cease representing itself as a dealer of Company and shall cease use of all Company names and trademarks and any signs or other material, of whatever nature, identifying Dealer as a dealer of Company shall be removed or obliterated.
A. Dealer is not an agent of Company nor is Dealer authorized to incur any obligations or make any representations on behalf of Company.
B. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns.
C. Dealer may not assign this Agreement or any provisions thereof to another dealer or party without the written approval of Company.
D. If any provision of this Agreement shall be held unenforceable, then the remainder of this Agreement shall not be affected thereby.
E. No waiver by Company of any default under this Agreement by Dealer shall be deemed a waiver of any prior or subsequent default by Dealer hereunder.
F. All understandings and agreements between the parties are contained in this Agreement which supersedes and terminates all other agreements between the parties. The rights of either party pertaining to Products sold by Company to Dealer under previous arrangements will be governed by this Agreement, provided, however, that nothing contained in this Agreement will, in any way, alter or change the rights and obligations of the parties pursuant to any security agreements or other agreements presently in existence.
G. Company reserves the right to modify and/or update this Agreement consistent with the modification and/or updating of all Agreements Company has with other similar dealers, and replace or substitute such modified or updated agreement for this Agreement and such replacement or substitution shall not constitute termination of this Agreement. Failure of Dealer to execute such replacement or substitution agreement within 30 days of it being offered shall constitute automatic termination of this Agreement by Dealer.
H. Dealer agrees that application of any provision of this Agreement or related documents, or any other change implemented by Company, if equally applied to all other similar Company dealers, shall not constitute a change in the competitive circumstances of Dealer.
I. The Company reserves the right to deal directly with Government Departments and National accounts.
J. This Agreement will be governed by the laws of the State of Utah.