Dealer Agreement

We appreciate your interest in our products and company!  Please complete this application to request a Dealer account.

THIS AGREEMENT, to become effective the date of submittal as shown below. (hereafter called “Agreement”) between – HAMMERHEAD ARMOR/ HOL-MAC CORPORATION, with its principal place of business at 160 COMMERCE DRIVE BAY SPRINGS, MISSISSIPPI 39422, (hereafter called “Company”) and shown below. (Dealership Name – indicate if Individual, Partnership or Corporation) with its place of business for the sale of Company products covered by this Agreement located at: address shown below.  (hereafter called “Dealer”).

  1. PURPOSE

This Agreement is to establish Dealer as a Dealer of Company with exclusive right to sell the Company’s products within defined territory, including parts and accessories (hereafter called “Products”). 

  1. TERMS OF SALE

Upon acceptance by Company of a Dealer Order for Products, terms of purchase will be set forth in this Agreement.  Prices and terms for Products shall be those in effect on the date the Company accepts the Dealer Order.  Company will have the right to change the Product offering and the terms and prices therefore at any time. 

  1. CREDIT

Payment for Product must be made via credit card or PayPal unless other payment terms have been approved by Company’s credit department.

  1. WARRANTY

Company Products are sold subject only to the applicable Company standard printed warranty in effect at the time of sale and such warranty shall be in lieu of all other warranties express or implied.  Dealer is not authorized to assume, on Company’s behalf, any liabilities in connection with Dealer’s sale of Product other than as set forth in such Company standard warranty.  Dealer shall indemnify and hold Company harmless with respect to any Dealer representation beyond those in such Company warranty.  

  1. RESPONSIBILITY OF DEALER

Dealer shall:

  1. Provide Company a copy of State Tax ID and/or State Direct Pay Permit.
  2. Promotion of Products through, but not limited to, advertising using Company approved advertising and/or sales promotion material.
  3. Notify Company if Dealer intends to open any additional business location for the sale or service of Products or for the purpose of displaying Products at any location other than the business location described above.
  4. Cooperate with Company’s Annual Review, and any other programs or matters pertaining to the administration of this Agreement.

 

  1. TERMS

The term of this Agreement shall be for a period of one year, commencing on the effective date hereof.  This Agreement shall be automatically renewed for successive terms of one year each unless either party shall give the other notice of non-renewal not less than 30 business days prior to the end of the then current term or unless this Agreement is otherwise terminated as provided herein. 

  1. TERMINATION

Either party may terminate this agreement without cause and for any reason, upon not less than 30 days written notice given to the other party, provided that nothing contained herein shall prevent Company from immediately terminating this  Agreement in the event  of bankruptcy or insolvency of Dealer, or Dealer’s failure to pay any amount owing Company when due.  Upon termination for any reason, all amounts owed Company will become immediately due and payable, as well as the removal of the Authorized Dealer Display Rack and other Company marketing materials from public view.

  1. TRADEMARKS/TRADE NAMES

Dealer is hereby licensed to use Company’s name and trademarks in the normal course of distributing Company’s Products and performing related service under this Agreement.  Dealer agrees not to use Company’s name as a part of Dealer’s name or in any manner which would misrepresent the relationship between the Dealer and the Company.  Dealer may represent itself as an “Authorized Dealer” of Company, and, with prior approval of Company, may use Company’s name and Product related trademarks on signs or other advertising or promotional material.  Dealer’s license to use Company’s name and trademarks is limited and Dealer shall abide by restriction and limitation imposed by Company.  Upon termination of this Agreement, Dealer shall immediately cease representing itself as a dealer of Company and shall cease use of all Company names and trademarks and any signs or other material, of which nature, identifying Dealer as a dealer of Company shall be removed.

  1. INDEMNIFICATION

Dealer agrees to indemnify and hold Company harmless  from  any  and  all  actions, awards, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) attributable to Dealer’s breach of this Agreement or to any negligent, grossly negligent, willful or unlawful acts or omissions of Dealer, its employees, officers, agents, subcontractors, dealers or representatives.

  1. GENERAL
  1. Dealer is not an agent of Company nor is Dealer authorized to incur any obligation or make any representation on behalf of Company.
  2. This Agreement is binding on the parties, their heirs, executors, administrators and successors.
  3. Dealer may not assign this Agreement or any provisions thereof to another dealer or party without written approval of Company.
  4. Company reserves the right to modify and/or update this Agreement consistent with the modification and/or updating of all agreements the Company has with other similar dealers, and replace or substitute such modified or updated agreement for this Agreement and such replacement or substitution shall not constitute termination of this Agreement. Failure of Dealer to execute such replacement or substitution agreement within 30 days of it being offered shall constitute automatic termination of this Agreement by Dealer.
  1. EXECUTION

The execution of this agreement is acknowledged by you in your completion and submittal of the document.

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