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Form #1061

Dealer Sales and Service Agreement

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Dealer Sales and Service Agreement - Free Legal Form

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Dealer sales and service agreement.

Dealer Sales and Service Agreement

AGREEMENT, effective _________[Date], between _________ Corporation (Manufacturer) and

_______________

[ ] a proprietorship

 

[ ] a partnership

 

[ ] a corporation, incorporated in the State of _________

of _________CityState,

on _________

 

(Dealer).

 

 

Manufacturer has established a system of authorized dealers operating at approved locations to sell and service its automotive products in the most effective manner. Each authorized dealer is relied upon to provide appropriate capital, equipment, staff and facilities to properly sell, service and protect the reputation of Manufacturer's products.

The purpose of this Agreement is to establish Dealer as an authorized dealer for _________ motor vehicles (Motor Vehicle Dealer), to establish the location from which Dealer will operate and to identify the individual owners and managers of Dealer on whom Manufacturer relies in entering into this Agreement. This is a personal service contract setting forth the rights and obligations of Dealer and its approved owners and managers and of Manufacturer relating to the sale and service of _________ motor vehicles and related parts and accessories.

Accordingly, the parties agree as follows:

FIRST. Rights Granted

Manufacturer grants Dealer:

(a). a non-exclusive right to buy the new _________ motor vehicles identified in the Motor Vehicle Addendum here and related parts and accessories; and

(b). a non-exclusive right to identify itself as an authorized _________ dealer at the location approved by Manufacturer.

Dealer accepts the rights granted by Manufacturer and agrees to:

(a). effectively sell and service _________ motor vehicles; and

(b). establish and maintain satisfactory Dealership Premises at the Dealership Location.

Dealer has not paid any fee or other consideration for this Agreement. Neither this Agreement nor any right granted by this Agreement is a property right. Neither this Agreement nor any right or responsibility under this Agreement may be transferred, assigned, delegated or sold by Dealer.

SECOND. Additional Provisions

The provisions in the "Additional Provisions"  are incorporated as a part of this Agreement.

THIRD. Management and Ownership

Manufacturer is entering into this Agreement in reliance on the capabilities of the person(s) identified below and on Manufacturer's assurance that their personal services will be provided in the Dealership Operations. Dealer represents that such person(s) will be the principal manager(s) of Dealer (Dealer Operator) and the principal owner(s) of Dealer (Dealer Owner).

Manufacturer and Dealer agree that the Dealer Operator(s) will actively exercise full managerial authority in the Dealership Operations, and that all owners of Dealer will each continue to own, both of record and beneficially, the percentage of ownership represented by Dealer in the Dealer Statement of Ownership approved by Manufacturer.

 

(Fill in "Yes" or "No" under both columns)

Name

Dealer Operator

Dealer Owner

 

......................................................................  

......................................................................  

......................................................................  

......................................................................  

......................................................................  

......................................................................  

 

FOURTH. Changes in Management and Ownership

If Dealer desires to make a change in its Dealer Operator(s) or ownership or sell its principal assets to a party that wishes to become an authorized dealer, Dealer will give Manufacturer prior written notice of the proposed change or sale. Manufacturer shall not arbitrarily refuse to agree to such proposed change or sale.

Dealer agrees to provide in the form requested and in a timely manner all applications and information customarily requested by Manufacturer to evaluate the proposed change or sale. Manufacturer agrees to consider all factors requested by Dealer and base its decision on whether the proposed change is likely to result in a successful dealership operation with acceptable management and ownership which will provide satisfactory sales and service for customers at the approved location.

FIFTH. Term

This Agreement will expire without any action by either Dealer or Manufacturer on _________, or _________ days after the death of a Dealer Operator or Dealer Owner, whichever occurs first.

SIXTH. Execution on Behalf of Manufacturer and Dealer

Neither this Agreement nor any related agreement will be valid unless:

(1). It is signed on behalf of Dealer by its authorized representative and, in the case of this document, by its chief executive officer and each Dealer Operator and Dealer Owner; and

(2). It is signed by either an Assistant General Sales Manager, a Regional Manager or a Zone Manager of _________ Motor Division, _________ Corporation (Division) and, if space is provided, it bears the signature or facsimile signature of the General Sales Manager.

If Dealer is an authorized dealer for more than one division of Manufacturer, Dealer will be notified which division will be primarily responsible for administering the provisions of the Dealer Agreements relating to the Dealer Statement of Ownership, Dealership Location and Premises Addendum, and Capital Standard Addendum. The responsible division will execute those documents for all divisions.

_________

_________ CORPORATION

Dealer Firm Name

_________ Division

By _________Signature and Title

 

By _________

By

Signature and Title

General Sales Manager

By _________Signature and Title

 

Witness to Dealer Signatures:

By _________

Print: _________Name

_________ Manager

_________Signature

 

 

Contributed by
Anonymous4
 
Name of Firm Anonymous4
Total Forms Contributed 75
 

See All Anonymous4's Forms
 

Related Forms

Additional Provisions to the the Dealer Sales and Service Agreement
Addenda - Capital Standard
Non-Disclosure and Confidentiality Agreement
Employment Agreement
Dealership Location and Premises

Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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