Agogos
Golf, Inc. Authorized Dealer Agreement
Agogos Golf Inc, (herein called "AGI")
hereby states terms and conditions to solicit orders for AGI’s officially
licensed product line of E-Z-GO Golf Carts and related items. These items
are subject to change and the current items are listed on the www.agogosgolf.com/dealer
web site.
- The
Dealer's appointment shall be non-exclusive. AGI may increase or decrease
dealers in the general market area at any time without notice to Dealer.
- The Dealer’s sales performance will be
evaluated quarterly by the director of marketing.
- The Dealer shall engage in marketing efforts
to design, promote, and utilize its best efforts to achieve maximum
sales performance of AGI products.
- The Dealer shall, at its expense, provide its
customers a high standard of customer service. The Dealer shall conduct
business in an ethical and professional manner. The Dealer shall comply
with all laws, ordinances, and regulations required by federal, state,
and local governmental authorities.
- Any and all publication, advertising, and internet
web sites must be approved by the director of marketing at AGI. All
publication, advertising, and internet web sites may use the following:
a. web site www.agogosgolf.com as a guideline
b. catalogs, and other marketing materials
as an example from www.agogosgolf.com/dealer /marketingmaterials.php.
Dealers must submit materials, web sites, and other advertising
via email to dealers@agogosgolf.com prior to publication.
- Orders will be accepted online
at http://www.agogosgolf.com/dealer by AGI for shipment to the Dealer
or for drop shipment to the Dealer's end user, based on the current
AGI Dealer Price. All orders shall be F.O.B. AGI warehouse; and all
freight costs, insurance and risk of loss, from such F.O.B. points shall
be borne by the Dealer. Orders will be batch processed at 2:00 Central
time every business day, and shipped that day.
- Any product purchased by the Dealer may be returned
only with prior written consent of AGI. All returns are subject to restocking
charges and the dealer or customer shall pay all freight costs or shipping
costs necessary to return the product to AGI.
- The Dealer is not the agent, employee or legal
representative of AGI, E-Z-GO, and or Textron for any purpose whatsoever,
but is an independent contractor. The Dealer is not granted any right
or authority to assume or create any obligation or responsibility, express
or implied, on behalf of or in the name of AGI, or to bind AGI in any
manner or thing whatsoever. AGI recognizes the Dealer's right to quote
from the current AGI Dealer Price List or from AGI written quotes. Any
errors or omissions though unintentional from the current AGI Dealer
Price List or written quotes will be subject to review only by AGI and
will be corrected by AGI in writing to the Dealer or customer.
- The Dealer shall not disclose any AGI supplied
customer lists, drawings, specifications or any other trade secrets
or proprietary information including current AGI Dealer Price Lists.
The Dealer shall not use any trademarks, trade names, trade secrets
or other proprietary information that now are or may hereafter be owned
by AGI, E-Z-GO, or Textron Innovations Inc. except in the manner and
to the extent that AGI may specifically consent in writing.
- This Agreement between AGI and Dealer may be
terminated by either party with notice given thirty (30) days prior
to termination to the other party involved, however, that AGI shall
have the right to terminate this Agreement upon twenty-four (24) hours
written or verbal notice if:
a. the Dealer breaches any part of this Agreement;
or
b. the Dealer makes any
unauthorized use of trademarks, property information, price lists,
trade secrets, that now are hereafter owned by AGI, E-Z-GO, or Textron
Innovations Inc; or
c. ownership or control of the Dealer is
otherwise substantially changed.
- AGI may terminate this agreement immediately if:
a. the Dealer admits insolvency
or is adjudicated bankrupt or insolvent; or
b. the Dealer makes an assignment for the
benefit of creditors.
- The Dealer's responsibility upon termination
of this agreement shall be to:
a. make immediate
payment of all amounts owing by the Dealer to AGI for products purchased
by the Dealer.
b. to discontinue use of all trademarks,
trade names, trade secrets and other proprietary information belonging
to AGI, E-Z-GO, or Textron Innovations Inc. and to return all AGI
supplied customer lists, specifications and drawings, written quotations,
price lists, promotional materials, catalogs, brochures, samples,
order form and any such material containing AGI, E-Z-GO, or Textron
Innovations Inc. trademarks.
If Dealer is approved for open account, all invoices
sent to the Dealer for products purchased from AGI are to be paid to AGI
with-in the terms of each invoice. A late charge of 1-1/2% per month,
with an annual percentage rate of 18%, will be charged on all invoices
past due. Other payments can be made to AGI by PAYPAL, DISCOVER, VISA,
MASTERCARD, and AMERICAN EXPRESS.
This agreement contains the entire agreement between
the parties, and supersedes and replaces any and all contracts, agreements,
representations or understandings, express or implied, oral or written,
between the parties prior to the date hereof. The Agreement may be amended
only in writing by the signed parties.
The Agreement is entered into the State of Kansas,
and its interpretation, construction and remedies for its enforcement
or breach are to be applied pursuant to and in accordance with the laws
of the State of Kansas.
I have read, understand
and agree to the above terms
and wish to submit an application.
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