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Form #1061Dealer Sales and Service Agreement
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Dealer Sales and Service Agreement - Free Legal Form
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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
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legal council before engaging in any action based upon content contained on this
site.
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or any other commercial use is prohibited. This includes reposting forms from this
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These forms are provided to assist business owners and others in understanding important
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acceptable in one state may not be enforced the same way under the laws of another
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|
Dealer sales and service
agreement.
Dealer
Sales and Service Agreement
AGREEMENT, effective _________[Date],
between _________ Corporation (Manufacturer) and
_______________
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[ ] a proprietorship
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[ ] a partnership
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[
] a corporation, incorporated in the State of _________
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of
_________CityState,
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on
_________
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(Dealer).
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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"Â 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.
|
Â
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(Fill in "Yes" or "No" under
both columns)
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Name
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Dealer Operator
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Dealer Owner
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...................................................................... Â
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...................................................................... Â
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...................................................................... Â
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...................................................................... Â
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...................................................................... Â
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...................................................................... Â
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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.
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_________
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_________
CORPORATION
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|
Dealer
Firm Name
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_________
Division
|
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By _________Signature
and Title
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|
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By _________
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By
|
|
Signature
and Title
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General
Sales Manager
|
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By _________Signature
and Title
|
|
|
Witness to Dealer
Signatures:
|
By _________
|
|
Print: _________Name
|
_________
Manager
|
|
_________Signature
|
|
Our Spam Policy
We hate getting spam as much as you do. So we have implemented a tough spam policy
regading how we deal with your email. We pledge that we will:
- Never rent, trade, or sell any email or any personal information to any third
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Terms Of Use
Submissions to this site, including any legal or business forms, posts, responses
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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.
Close
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Keywords: legal forms, dealer sales, service, dealer
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