This dealership agreement template has 13 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our dealership agreement template:
DEALERSHIP AGREEMENT This Dealership Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Dealer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS: [YOUR COMPANY NAME] holds the distribution rights for [LOCATION] for the [SPECIFY GOODS BEING DISTRIBUTED] manufactured by [COMPANY MANUFACTURING DISTRIBUTED GOODS]; [COMPANY MANUFACTURING DISTRIBUTED GOODS] products are top-quality, highly reputed, trademark products the distribution of which requires specialized technical knowledge and involves after-sales consulting activities and services; The Dealer affirms that it has particular experience in the distribution of [SPECIFY GOODS BEING DISTRIBUTED] and that it possesses adequate facilities for commercial demonstration and display as well as qualified staff for the sale and maintenance of [SPECIFY GOODS BEING DISTRIBUTED]; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. STATUS OF DEALER AND PARTIES 1.1 [YOUR COMPANY NAME] hereby appoints the Dealer as a "Certified Dealer" of the goods listed in Schedule A to this agreement (hereinafter referred to as the "Distributed Products"), and the Dealer accepts such appointment. The appointment of the Dealer is non-exclusive and does not imply the granting of a specific geographic area. [YOUR COMPANY NAME] reserves the absolute right to increase or reduce the number of Certified Dealers in the proximity of the Dealer's outlet at any time without prior notice. The Dealer shall not offer the Distributed Products for sale at any outlets other than those set out in Schedule B hereto (the "Outlets"); any additional outlets require the prior written authorization of [YOUR COMPANY NAME]. 1.2 It is agreed that the Dealer shall act for and on behalf of itself as an independent co-contracting party. It shall not be empowered or authorized to bind [YOUR COMPANY NAME] in any manner whatsoever. None of the provisions of this agreement may be construed as creating an employee-employer relationship between the Dealer and [YOUR COMPANY NAME]. 2. OBLIGATIONS OF [YOUR COMPANY NAME] [YOUR COMPANY NAME] shall: 2.1 Furnish to the Dealer an initial quantity of marketing brochures; user instruction and after-sales service pamphlets and other material to assist the Dealer in the promotion and sale of the Distributed Products. Additional material will be made available to the Dealer at a reasonable price. 2.2 Furnish to the Dealer technical assistance and information concerning the Distributed Products and keep the Dealer informed of new information concerning the Distributed Products, as stipulated below. 2.3 Train one employee at each Dealer Outlet in sales and after-sales services. 3. DUTIES, OBLIGATIONS AND STATEMENTS OF THE DEALER 3.1 Throughout the term of this agreement, the Dealer shall maintain appropriate premises for the promotion of sales of the Distributed Products at its Outlets. The Dealer shall not offer the Distributed Products for sale at other outlets. The Dealer shall not sell the Distributed Products to other dealers, unless it has furnished to [YOUR COMPANY NAME], in writing, the name and address of such a dealer and received the prior consent of [YOUR COMPANY NAME] in respect of the sale so proposed. 3.2 In the event that the Dealer wishes to sell the Distributed Products to another Certified Dealer, the Dealer must first notify [YOUR COMPANY NAME] in writing of the name and address of such a dealer, and it shall not close the sale until it has received written confirmation from [YOUR COMPANY NAME]. Within [NUMBER] days following the sale to such other dealer, the Dealer shall notify [YOUR COMPANY NAME] of the products sold as well as their series numbers, if any. 3.3 The Dealer will use its best efforts to promote, advertise and sell the Distributed Products. It shall, in particular: 3.3.1 Train and maintain a sufficient qualified and competent staff to promote and sell the Distributed Products, carry out the after-sales service of such products and, in general, fulfill its obligations arising from this agreement. [YOUR COMPANY NAME] envisages organizing training sessions for Dealers. The Dealer shall at all times have at least one employee at each of its Outlets who has been trained in each of these sessions. The cost of such training, such as travel, accommodation, food, etc., will be borne by the Dealer. [YOUR COMPANY NAME] reserves the right to bill the Dealer a reasonable amount in respect of such training sessions. 3.3.2 Display the Distributed Products in an appropriate and attractive environment. 3.3.3 Maintain both the interior and exterior of the Outlets in a manner which encourages the purchase of the Distributed Products. 3.3.4 Furnish to customers, prior to and after the sale, technical assistance with regard to programming of and information on the software, and inform customers regarding the use of the Distributed Products. Permit [NUMBER] representatives at all times to examine its Outlets and its Distributed Product inventory. 3.3.6 Demonstrate the Distributed Products to customers who so request and instruct customers as to their assembly and installation. 3.3.7 Not remove from the Distributed Products any material included in each Distributed Product. 3.3.8 Promptly notify [YOUR COMPANY NAME] of all defective products or any safety problem encountered and keep [YOUR COMPANY NAME] informed of all customer complaints. 3.3.9 Maintain, if possible, sufficient liability insurance coverage to protect [YOUR COMPANY NAME] from all claims by customers resulting from the acts, omissions and/or erroneous statements of the Dealer. 3.4 The Dealer shall provide prompt and efficient after-sales service of all the Distributed Products under original warranty, covered by the extended warranty or by a service contract, whether or not such products were sold by the Dealer. The Dealer shall also deal with all customer claims and complaints, both prior to and after the sale. The Dealer shall be credited for the work and the defective parts returned at the rates indicated in the service reimbursement schedules in force at the time such services were rendered. In order to give rise to credit, the services must have been provided during the warranty period applicable to the defective products. Only Distributed Products or other products authorized in writing by [YOUR COMPANY NAME] may be used to provide the after-sales service. 3.5 The Dealer shall at all times conduct its business in such a manner as to enhance the reputation and credibility of [YOUR COMPANY NAME] and Distributed Products. It shall, in particular: 3.5.1 Refrain from participating in any unlawful, unfair, deceitful or immoral practice and refrain from selling the Distributed Products to any other Dealer or organization, which has recourse to such practices. 3.5.2 Present the Distributed Products in a fair and appropriate manner. For such purpose, the Dealer shall not disparage [YOUR COMPANY NAME] and the Distributed Products and shall not make statements concerning the characteristics or capabilities of the Distributed Products which may not be in accordance with those described in this documentation; nor shall the Dealer market the Distributed Products by correspondence. 3.6 In the event of a merger or reorganization of the Dealer, or any change in the control of the Dealer or any transfer of a substantial part of the business thereof, the Dealer shall notify [YOUR COMPANY NAME] in writing thereof no later than [NUMBER] days prior to the occurrence of such an event. 4 PURCHASE OF THE DISTRIBUTED PRODUCTS
