OBLIGATIONS OF DEALER Clause Samples
OBLIGATIONS OF DEALER. Dealer understands and agrees that, in exchange for the opportunity to participate in the Program pursuant to the terms and conditions of the Agreement, Dealer is required to comply with the obligations set forth in this Exhibit A.
OBLIGATIONS OF DEALER. 4.1 In consideration of TMS/USA’s provision of the Program to Dealer, Dealer agrees that it will comply, and cause its employees, agents, representatives and vendors to comply, with all the provisions set forth in this Agreement.
4.2 Dealer shall designate an individual (the “Parts Manager”) who is authorized to enroll Dealer in one or more Additional Features as further set forth herein.
4.3 To enroll in any Additional Features, the Parts Manager shall access the applicable Portal, as provided in Section 1.2.3.
OBLIGATIONS OF DEALER. In consideration of TMS/USA’s provision of the Program to Dealer, Dealer agrees that it will comply, and cause its employees, agents, representatives and vendors to comply, with all the provisions set for in Section 1 of this Agreement.
OBLIGATIONS OF DEALER. 2.1 Dealer will energetically promote the sale and use of the Products. Without limitation to the generality of the foregoing, Dealer will:
2.1.1 Maintain adequate stock levels to meet anticipated Product demand;
2.1.2 Maintain an adequate business venue, together with an adequate storage facility for the Products;
2.1.3 Maintain a staff of competent sales personnel to solicit orders for the sale of Products and provide excellent End User service;
2.1.4 Act as a liaison between the End User and Roto Mold when special questions or concerns arise;
2.1.5 Train End Users in the safe operation of the Products;
2.1.6 Arrange for and ensure the prompt and efficient warranty replacement or repair pursuant to the Terms and Conditions (as defined in Section 4.1 below), subject to the liabilities of Roto Mold under its product warranty of all Products sold by Dealer or, in the case of US Dealers, instruct End Users to contact Roto Mold directly;
2.1.7 Abide by such reasonable rules and instructions as Roto Mold may promulgate; and,
2.1.8 Comply with all applicable laws and regulations unless such compliance would be contrary to, or cause Roto Mold to incur financial detriment under the laws of the United States; and comply, without limitation, with any requirements for the registration or recording of this Agreement with local governmental entities.
2.2 All of the expenses incurred by Dealer relating to the sale of the Products and the provision of related services will be borne by Dealer except as otherwise expressly provided herein or agreed to in writing by Roto Mold prior to incurring such expenses.
2.3 Dealer is responsible for the payment of all costs and expenses, including shipping, handling, insurance, brokerage fees, taxes, customs, and other governmental charges incurred or imposed after passage of title as specified in the Terms and Conditions of Sale.
2.4 Dealer may not, without the consent of Roto Mold, reverse engineer, disassemble, modify or redesign any Product or component part thereof, or use any Product for any purpose other than that for which it is intended, or integrate any Product or component part thereof with any other equipment. Any such actions will render any Product warranties provided by Roto Mold null and void.
2.5 Dealer must maintain acceptable End User assistance and problem resolution to the End Users of the Products.
2.6 Dealer agrees that without the prior written permission of Roto Mold, Dealer may sell the Products only to End ...
OBLIGATIONS OF DEALER. Upon termination or expiration of this Agreement for any reason, DEALER shall immediately cease using and shall, upon request of DIRECTV, deliver to DIRECTV or destroy and certify such destruction promptly upon request (a) any unused DIRECTV sales/lease related literature; (b) all originals and copies of completed and uncompleted Order forms and applications; (c) all forms, directives, policy manuals and other written information and materials supplied to it by DIRECTV pursuant to this Agreement or which contain DIRECTV’s Marks and (d) all Subscriber Information. On termination, DEALER shall immediately discontinue all activities related to the promotion, marketing and advertising of the National Commercial Offers and DIRECTV Service, the sales of DIRECTV Programming Packages and all use of DIRECTV’s Trade Secrets and shall cease to identify itself as an authorized dealer for DIRECTV Service or otherwise affiliated in any manner with DIRECTV. Because of the difficulty in establishing the improper use of customer lists and other Trade Secrets, DEALER agrees that for a period of two (2) years after termination, it shall not, on behalf of any other provider of audio/video multichannel video/entertainment programming services or equipment or on its own behalf, solicit any Commercial Subscriber who was procured by DEALER and is a Commercial Subscriber as of such termination date.
OBLIGATIONS OF DEALER. Dealer agrees to:
1. Actively and vigorously market Hyundai Goods;
2. Use its best efforts to attain the sales targets set forth on Exhibit A, attached hereto (“Sales Targets”);
3. Display conspicuously at Dealer’s Facilities, at Dealer’s cost, Hyundai-approved sales, service and parts signs;
4. Establish and maintain a flooring financing plan in a minimum amount of $225,000.00.
5. Send, at Dealer’s expense, all of Dealer’s sales persons to all of Hyundai’s regularly scheduled sales and service meetings for the purpose of obtaining current Hyundai Goods information and policies;
6. Investigate and handle, at Dealer’s expense, all complaints by customers of Dealer relating to the purchase of Hyundai Goods. All warranty claims that cannot be expeditiously resolved shall be referred to Hyundai’s Director of Warranty Administration, together with a report of relevant facts and the name and address of the complaining customer;
7. Not later than 90 days after the end of Dealer’s fiscal year, provide to Hyundai a copy of Dealer’s annual financial statement, certified by Dealer’s president to be a true and accurate reflection of Dealer’s financial condition, and prepared in accordance with Generally Accepted Accounting Standards;
8. Upon written request by Hyundai, provide to Hyundai, no later than 20 days following the end of each month, Dealer’s financial statement for the preceding month. Such financial statements shall be certified by Dealer’s president to be a true and accurate reflection of Dealer’s financial condition, and prepared in accordance with Generally Accepted Accounting Standards; and
9. Comply with all applicable laws, ordinances, regulations and other requirements of all local, state, federal and other governmental bodies; obtain maintain all permits, licenses and other consents required to perform Dealer’s obligations under this Agreement; and not engage in any unfair or illegal trade practice or commit any act or engage in any transaction that would reflect adversely upon the goodwill associated with Hyundai and Hyundai Goods.
OBLIGATIONS OF DEALER a. Dealer agrees to use its best efforts to market and sell the Programs in accordance with the terms, policies and manuals associated with the Programs. Dealer shall only offer a Customer a Program on the most current Contract approved by AGWS. Each Program shall only be marketed in accordance with and subject to the AGWS policies, manuals, rules, regulations and fees in effect at the time such Contract is sold. AGWS may at any time revise its policies, manuals, rules, regulations and fees. Dealer’s failure to follow any AGWS policy, manual, rule, regulation or fee schedule shall relieve AGWS of any obligation created under this Agreeement. Dealer has no authority to alter or change any AGWS policy, manual, rule, regulation or fee.
b. Dealer acknowledges that the Programs including, without limitation, all trade names, promotional materials, Contracts, forms and procedures associated therewith, have been developed at a great effort and expense by AGWS and constitute the proprietary property of AGWS. Dealer agrees that it shall use the Programs and all materials associated therewith only during the time this Dealer Agreement is in effect and only for the purposes of the Programs. In the event of termination of this Agreement, Dealer shall return all unused Program materials to AGWS.
c. The Dealer shall, following the sale by Dealer of each Program and/or Contract, retain as its fee the purchase price of the Contract less the “Net Dealer Cost” as set forth in the rate manuals provided to Dealer by AGWS, and shall remit to AGWS the full amount of the Net Dealer Cost. The Net Dealer Cost and Contract shall be submitted to AGWS no later than the 15th day of the calender month for buisness written and/or sold during the previous calender month. AGWS and the insurers of its Programs shall no obligation or liability for any Contract not timely remitted to it with the appropriate Net Dealer Cost. Dealer’s failure to remit AGWS Contracts in a timely manner may, at the sole discretion of AGWS, result in the application of late fees or rejection of the Contract.
d. Until the Net Dealer Cost is submitted to AGWS, the Dealer shall hold the proceeds of each Contract sale in a fiduciary capacity as trustee for AGWS and the Program insurer and under conditions satisfactory to AGWS and the insurer.
e. Dealer acknowledges and agrees that certain Contracts may be cancellable by the Contract purchaser, AGWS or the lienholder. Dealer shall follow the AGWS Program policies, man...
OBLIGATIONS OF DEALER. 2.1 Dealer will energetically promote the sale and use of the Products. Without limitation to the generality of the foregoing, Dealer will:
2.1.1 Maintain adequate stock/License of product for Minimum 10,000 Licenses of Speed+ software per year levels to meet anticipated Product demand and remain the Exclusive Master Dealer’s position;
2.1.2 Maintain an adequate business venue, together with an adequate storage facility for the Products;
2.1.3 Maintain a staff of competent sales personnel to solicit orders for the sale of Products and provide excellent end user service;
2.1.4 Act as a liaison between the end user and Sagtec Global when special questions or concerns arise;
2.1.5 Train end users in the safe operation of the Products;
2.1.6 Abide by such reasonable rules and instructions as Sagtec Global may promulgate; and,
2.1.7 Comply with all applicable laws and regulations unless such compliance would be contrary to, or cause Sagtec Global Limited to incur financial detriment under the laws BVI; and comply, without limitation, with any requirements for the registration or recording of this Agreement with local governmental entities.
2.2 All of the expenses incurred by Dealer relating to the sale of the Products and the provision of related services will be borne by Dealer except as otherwise expressly provided herein or agreed to in writing by Sagtec Global Limited.
2.3 Dealer is responsible for the payment of all costs and expenses, including shipping, handling, insurance, brokerage fees, taxes, customs, and other governmental charges incurred or imposed after passage of title, except for marketing and promotional expense Sagtec can support.
2.4 Dealer may not, without the consent of Sagtec Global Limited, reverse engineer, disassemble, modify or redesign any Product or component part thereof, or use any Product for any purpose other than that for which it is intended, or integrate any Product or component part thereof with any other equipment. Any such actions will render any Product warranties provided by Sagtec Global Limited null and void.
2.5 Dealer must maintain acceptable end user assistance and problem resolution to the end users of the Products.
2.6 Dealer agrees that without the prior written permission of Sagtec Global Limited, Dealer may sell the Products only to end-user customers and not to other retailers for the intent of resale.
2.7 Dealer agrees that without the prior written consent of Sagtec Global Limited, Dealer may not sell the Pr...
OBLIGATIONS OF DEALER. 2.1 Dealer will energetically promote the sale and use of the Products. Without limitation to the generality of the foregoing, Dealer will maintain adequate stock levels to meet anticipated Product demand and additionally maintain adequate business venue, together with an adequate storage and display facility for the Products;
2.2 Maintain a staff of competent sales personnel to solicit orders for the sale of Products and provide excellent end user service;
2.3 Act as a liaison between the end user and Tethrd when special questions or concerns arise;
2.3 1 Train end users in the safe operation of the Products;
OBLIGATIONS OF DEALER. (a) Dealer acknowledges an obligation to maintain the high standards associated with the Trademarks, to safeguard the interests of the Company and the owners of the Trademarks and to refrain from any conduct which would lessen the prestige of the Trademarks. Dealer acknowledges also an obligation to give high quality, timely and effective service at rates reasonable for Dealer's market area to every owner of a Motor car regardless of the place and time of purchase of the Motor car.
(b) The Company is entering into this Agreement in reliance upon the representations, warranties and agreements of Dealer that (i) the persons who on the date of this Agreement participate in the ownership of Dealer will be the only persons who have any interest, of record or beneficially, in Dealer; (ii) no other person, firm or corporation has or will have any right, option or privilege under any circumstances to acquire any interest, of record or beneficially, in Dealer; (iii) Dealer shall complete Exhibit B bearing the date of this Agreement setting forth the names, addresses and ownership interests of all persons with ownership interests in Dealer and identifying each person having authority and responsibility for the management of Dealer's business; (iv) Dealer will provide written notice to the Company not less than sixty (60) days prior to any contemplated change in the ownership or interest in Dealer, or in the identities of the persons who have authority and responsibility for the management of Dealer's business and will not enter into any agreement to effect any such change without the prior written approval of the Company; and (v) Dealer will obtain and maintain all licenses, permits and approvals required by the state and locality in which Dealer is located.