Dealer Responsibilities Clause Samples
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Dealer Responsibilities. Communications. Dealer agrees to communicate with ADMI and their assigned Business Improvement Specialist (BIS) as necessary for program sustainability. Business Plan. Dealer agrees to adhere to the SOS Program Business Plan as agreed to by all parties during the launch of each program phase.
Dealer Responsibilities. 3.1 Dealer has previously submitted to Lucent an "Authorized Dealer Application". Dealer certifies and warrants that, to the best of its knowledge, such information is current, accurate, complete and not misleading. Dealer also agrees during the term of this Agreement to notify Lucent immediately in writing and describe in detail any significant or material change in such information.
3.2 Dealer agrees to devote its best efforts to promote and market Lucent Products to End Users within the Area. Dealer also warrants that it will conduct its business in a manner that reflects favorably on the quality image of Lucent Products and on the good name, goodwill or reputation of Lucent and will not employ deceptive, misleading or unethical practices that are or might be detrimental to Lucent or its Products.
3.3 Dealer shall not purchase or otherwise obtain Lucent Products for resale from any source other than DDM unless a Lucent Product is not available from BCS on a timely basis, in which case Dealer may purchase that Lucent Product from the Lucent Catalogs or the NPSC, provided that such purchases are only to meet a specific customer need. Dealer's purchase or resale of an unused product originally manufactured by Lucent that, if purchased from DDM, would be a Lucent Product under this Agreement, shall be grounds for immediate termination of this Agreement.
3.4 Dealer shall provide and consistently maintain a staff of adequately trained and competent sales personnel, knowledgeable of the specifications, features and advantages of the Lucent Products. Such personnel shall be made aware of the restrictions on use of Lucent's Information as set forth in Section 14.0. All training that Lucent requires Dealer personnel to undergo that enables Dealer to market and demonstrate Lucent Products effectively shall be provided at no charge to Dealer. All other marketing or Lucent Product training requested by the Dealer and offered by Lucent, will be furnished to Dealer at Lucent's standard rates, terms and conditions. However, Lucent will waive such fees to train the first 10 Dealer sales personnel.
3.5 If Dealer chooses to provide Dealer Service, Dealer shall provide and consistently maintain a staff of services personnel, trained on the Lucent Products to Lucent's specifications. Such personnel shall be made aware of the restrictions on use of Lucent's Information as set forth in Section 14.0. All services training that Lucent requires Dealer personnel to undergo, or ot...
Dealer Responsibilities. Dealer shall, for the duration of this Agreement and at its sole expense:
A. Exercise its best efforts to promote the use and sale of Products in the Territory.
B. Maintain (i) satisfactory office space and facilities for the sale of Products; (ii) staff sufficient in numbers and skill to perform successfully promotion and sales functions; and (iii) a suitable stock of Products, related spare parts and equipment, and EOTECH’s current sales material and samples. Dealer shall not use any advertising or promotional materials that EOTECH did not provide unless Dealer shall have obtained EOTECH’s prior written approval.
C. Provide EOTECH with financial statements of Dealer (and any guarantor of the accounts of Dealer) as EOTECH may request in writing.
D. Dealer shall notify EOTECH in writing within three (3) days of Dealer’s receipt of any notice of threatened or actual litigation for claims made by Dealer’s Customers or other parties involving the Products sold to Dealer hereunder.
Dealer Responsibilities. DEALER recognizes that its Customers are entitled to prompt, courteous and professional service and that Customer satisfaction is vital to the mutual success of DEALER and HMA. DEALER agrees, therefore: to take all reasonable steps to provide service and parts for all Hyundai Motor Vehicles, regardless of where purchased, and whether or not under warranty; to ensure that necessary repairs on Customer vehicles are accurately diagnosed and performed in accordance with the highest professional standards; to advise the Customer and obtain his or her consent prior to the initiation of any repairs; and, to treat the Customer courteously and fairly at all times.
Dealer Responsibilities a. Dealer is and throughout the term of this Agreement will remain duly authorized and properly licensed under all applicable laws to transact business as presently conducted and to be conducted, and to perform the transactions contemplated under this Agreement.
b. Dealer shall comply with any and all applicable federal, state, and local laws and regulations, including but not limited to, insurance and licensing laws related to the sale and marketing of debt cancellation products and related operations.
c. Dealer shall also comply with all marketing guidelines of the Ancillary Product administrator, including without limitation, not selling or promoting IUP online or through any other electronic medium.
d. Dealer shall complete any and all required Dealer set up requirements established by the IUP administrator prior to offering or selling IUP.
e. Dealer represents and warrants that it will not, directly or indirectly, make any misrepresentation to a consumer regarding: (a) the nature, status, or coverage of IUP; (b) the extent of Dealer’s relationship with the consumer or its role with respect to IUP; or (c) the identity of the IUP administrator or obligor of the IUP product. Dealer shall provide accurate coverage, cancellation and price-related information to consumers. Dealer shall comply with the cancellation and refund provisions, and all other provisions of the IUP.
f. Dealer shall not: (a) alter, waive, modify or discharge any of the terms and conditions of IUP or other agreement offered by the IUP administrator; or (b) alter, waive or modify any policies, procedures, rules or criteria established by Flagship or the IUP administrator.
g. Dealer shall obtain Flagship’s approval prior to using any marketing materials that promote IUP that were not provided directly to Dealer by Flagship or the IUP administrator.
h. In the event the IUP administrator declines to accept a IUP application and/or declines to issue a contract for IUP, Dealer shall refund its share of the purchase price for said contract to Flagship.
i. To ensure compliance with this section, Dealer will maintain written policies and procedures, and periodically train and monitor its employees, agents, and subcontractors, of the legal and contractual requirements and restrictions governing Dealer’s activities.
Dealer Responsibilities. 4 4.0 INSTALLATION, WARRANTY AND POST-WARRANTY SERVICES ..................... 7 5.0
Dealer Responsibilities. ▇▇▇▇▇▇ agrees that during the term of this Agreement, it will, subject to and in accordance with the terms and conditions herein expressed:
A. Possess all licenses required by federal, state, and local laws.
B. Comply with federal, state, and local laws and regulations and file with GLOCK an annual certification verifying such compliance. By signing this Agreement, DEALER certifies such current compliance.
C. Ensure that all DEALER employees involved with the sale of GLOCK products are trained in compliance with all federal, state, and local laws as they relate to the sale of GLOCK firearms.
D. Maintain sufficient internal compliance procedures to ensure proper safe firearms handling training of DEALER employees before they are permitted to sell or handle GLOCK products.
E. Maintain a security system for its premises to deter theft.
▇. ▇▇▇▇▇▇▇▇ and provide evidence of valid commercial storefront operation by attaching hereto a photograph of their premises, which must be open to the public, with regular commercial business hours. ▇▇▇▇▇▇ agrees it will not use any part of the premises as a dwelling.
G. Not sell to civilian customers large capacity magazines in compliance with any applicable state or local regulation. The following states currently have restrictions regarding magazine capacity: California, Hawaii, Massachusetts, New Jersey, New York, Maryland, Colorado, Connecticut, and Washington, D.C.
H. Sell firearms only at the premises listed on DEALER’s FFL (as defined by ATF for purposes of an FFL), conduct all legally required background checks before completing a transfer to a non-FFL holder, and fully identify each non-FFL purchaser through the use of positive identification. Sale of multiple GLOCK pistols purchased under this agreement to another FFL is strictly prohibited and requires prior written approval from GLOCK.
I. Provide to each non-FFL customer for each GLOCK pistol sold the written safety information provided by GLOCK with each product.
J. Review the GLOCK Customer Safety Awareness Form with each non-FFL purchaser and obtain a customer signature of understanding.
K. Fully explain and demonstrate (1) the operation and safe handling of each GLOCK product, and (2) the features and benefits of such GLOCK product to each non-FFL customer.
L. Conduct background checks on DEALER employees and not allow DEALER employees to sell handguns who are legally prohibited from possessing them.
M. Refrain from sale of GLOCK products in any state or munic...
Dealer Responsibilities. Participating Dealers acknowledge and agree to:
1. To conduct honest and thorough inspection of Customer vehicles;
2. To secure all liens, titles, and representations of ownership of the vehicle, including trailers, motorcycles, ATVs, etc.;
3. To notify us in writing upon agreeing to participate in Fender Trade of any “No Trade” specifications (i.e., if Dealer does not trade for trailers, motorcycles, ATVs, etc.);
4. To follow all applicable state and federal laws concerning payoffs, securing of title, satisfaction of liens, etc.;
5. To provide us or a Fender Trade associated wholesaler access to any CarFax or similar report that a dealer runs on the Customer vehicle.
6. By accepting a traded vehicle from a buyer based on a Buy Bid or Customer Valuation amount, you agree that all customer representations about the vehicle are true and accurate and you adopt and ratify those representations as your own. Participating Dealers must certify the condition of the vehicle before asking Fender and/or a Fender Trade associated wholesaler to honor a Buy Bid;
7. Fender and/or Fender Trade associated wholesalers are under no obligation to honor a Buy Bid on a vehicle that is not in the condition represented by the customer. Fender and/or Fender Trade associated wholesalers shall be allowed to conduct an independent inspection before honoring a Buy Bid and may refuse to honor said Buy Bid if the vehicle condition was misrepresented; and
8. For all vehicles sold to us or a Fender Trade associated wholesaler, said buyer shall have three (3) business days after all liens have been satisfied and title secured to pick up the vehicle from the Participating Dealer.
Dealer Responsibilities. 6.1 Dealer agrees to perform, and represents that it has experience, personnel, and facilities to perform, the responsibilities set forth below. Company is relying on Dealer to so perform. Company does not perform, and is not expected to perform, such responsibilities. Dealer agrees to indemnify and hold harmless Company and its parent company and affiliates and their agents and employees, from any claims or damages in connection with Dealer’s performance or non-performance of such responsibilities:
6.1.1 Installation of the Service equipment, including locating, mounting, wiring, activation, and testing;
6.1.2 Post-installation support to the Subscriber; and
6.1.3 Prompt written notification to Company of termination of the Service to any Subscriber.
6.2 Dealer and its employees, agents, and representatives shall not make any claims about the Service that are inconsistent with the then current marketing materials provided to Dealer by Company.
6.3 No later than the due date stated in Company’s invoice to Dealer for the Service, Dealer shall remit to Company all Service Fees which are due and payable.
6.4 Dealer will furnish a toll-free telephone number to Company to communicate with Dealer's central alarm monitoring facility, or pay the associated fees listed in Company's then current price list.
6.5 Dealer agrees and acknowledges that it is required to obtain, prior to installation of the Service at a Subscriber’s location, a signed Subscriber Agreement from the Subscriber that conforms to the applicable requirements of this Agreement. Dealer shall hold all Subscriber Agreements in good condition for the duration of each Subscriber's use of the Service, and for a period of three (3) years after the termination of the Service to the Subscriber. Upon reasonable notice, Company shall be entitled to review any or all Subscriber Agreements upon reasonable notice, at any reasonable time that Company so requests.
6.6 Dealer agrees and acknowledges that any claims of non-performance of the Service must be in writing from Dealer to Company.
6.7 Dealer shall obtain and maintain at its expense during the term of this Agreement, at least $1,000,000 (per occurrence and in the aggregate) in comprehensive general liability insurance (including products and operations and contractual liability coverage) that will protect Dealer and Company from claims for property damage and bodily injury (including death) which may arise in connection with Dealer’s activities related t...
Dealer Responsibilities. 1. Dealer agrees to comply with Universal's current ZERO Plan® Note Terms, a copy of which is attached as Exhibit A to this Agreement, which Universal may revise from time to time giving Dealer a minimum of thirty days notice.
2. Dealer will only offer customers who desire to participate in the ZERO Plan® program VSAs administered by organizations ("Administrators") which have been approved in advance by Universal.
3. Within ten business days of the date of execution, Dealer will present to Universal for assignment and payment executed Notes which use Universal's then current ZERO Plan® Note & Contract form.
4. Within ten business days of the date of execution, Dealer will present the VSAs which are the subject of such ZERO Plan® Notes to Administrators with Universal noted as the Lien Holder and will provide a copy of the VSA to Universal along with the Note.
5. Dealer will comply with all of the Administrator’s terms and requirements for the VSA, will present the VSA to the Administrators in the time required by the Administrators and will pay the full cost of the VSA in the time required by the Administrators.
6. Dealer agrees to fully comply with the Federal Truth In Lending Act and all applicable state and local laws that pertain to consumer finance and the financing of VSAs. This includes any state required licensing needed to sell Notes to Universal.
7. The ZERO Plan® is intended to provide that the customer will incur no finance charge when purchasing a VSA. Dealer accordingly agrees to offer customers the same price on all VSAs whether they choose to participate in the ZERO Plan® to finance a portion of the price or they choose to pay the full price in cash or its equivalent. Dealer agrees that under no circumstances will there be a price reduction on a VSA offered to a customer who elects not to participate in the ZERO Plan®.
8. Upon cancellation of a VSA by the customer or for a default by the customer under the terms of the Note, Dealer agrees to timely issue a full pro rata refund of the VSA retail sales price based upon time, and not upon elapsed miles, made payable solely to Universal or to cause the Administrator to timely issue a full pro rata refund of the VSA retail sales price based upon time, and not upon elapsed miles, to Universal regardless of the terms and conditions of the VSA. Dealer acknowledges that Universal may agree to finance VSAs that contain no cancellation provisions. In these cases the Dealer agrees to issue a pro rata ...