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Below we have outlined Commercial Marketing’s Dealer Agreement. Please take a moment to review this information as it is very important.
Commercial Marketing LLC, a Missouri Limited Liability Company,” Vendor”, and “Reseller”, agree to the following:
Vendor is the exclusive national drop-ship distributor for various manufacturers, collectively or singularly, “Manufacturer”.
Independent Status of the Parties: Nothing in this document may be construed to constitute any party as agent, employee, representative, etc. for any other party. No party has the right to bind any other party, transact any business in the name or on behalf of any other party in any manner or form, or to make any promise or representation on behalf of any other party. The relationship of Manufacturer and Vendor and Reseller is that of an independent contractor.
Vendor is not in any way representing itself as Manufacturer in any agreement either written or oral and as such bears no liability as to any product or action of Manufacturer.
Price: Products will be sold at the price listed on Vendors most recent Price List, “Prevailing Price” at the time of shipment. If the Prevailing Price is different from Dealer Purchase Order Vendor will contact Dealer prior to shipment.
Orders: Vendor cannot accept any order from Dealer without a Purchase Order from Dealer that contains the following minimum information:
Prevailing Price for each item
Requested Ship Date and Cancellation Date
Purchase Order Number
Name of Dealers’ Authorized Buyer placing order.
Delivery Information. Vendor will communicate the best information available from the manufacture pertaining to expected delivery dates. Dealer acknowledges that it is impossible to foresee market conditions and/or manufacturing issues that affect delivery. Vendor will automatically cancel orders which have not been shipped by Cancellation Date.
Payment Terms: Vendor has the following Payment Terms options:
Cash with Order using Invoice Link or Credit Card.
Net 30 day Terms if Credit Application has been submitted by Customer and accepted by Vendor.
If Dealer is deemed credit worth, Dealer agrees to pay within payment terms. Late payment will result in penalty determined by vendor.
Warranties: Vendor is not the manufacturer of any products in Vendor Price List. All Warranties, if any, are between Manufacturer and Consumers. Vendor will use its best efforts and act in good faith to assist Reseller with any product issue. Notwithstanding, anything contained herein, Vendor is not the Manufacturer and thus makes no Warranty, expressed or implied pertaining to any product. By executing this Agreement, Reseller acknowledges that Vendor is not the Manufacturer of any of the product and fully waives any and all defective product claims against Vendor.
Dealer and Vendor acknowledge that the Manufacturer’s Brand for the products sold by Vendor is an important asset. As such, Dealer agrees to not take any action which harms the Brand. Additionally, Dealer agrees to perform the following
functions in supporting the Brand;
Provide a positive retail experience
Provide knowledgeable sales staff which can address consumer questions
Minimum order requirement is $100.
Assignment: The rights under this document are personal and where entered into on the basis of Dealer’s specific qualification and thus not assignable by dealer.
Digital Signature: By checking this box, I agree to comply with all terms and conditions listed above.
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CMMG Inc. Dealer sales are conducted by its dealer sales arm under the name of Commercial Marketing. All invoices, sales orders/receipts and credit card statements will reflect the name of Commercial Marketing.