Dealer Install Policies & Procedures Please read and fill out the Euro-Wall Dealer Install Policies & Procedures form below. This agreement to become effective* Date Format: MM slash DD slash YYYY (hereafter called "Agreement") between Euro-Wall Systems LLC, with its principal place of business at 24100 Tiseo Blvd., Suite 12, Port Charlotte, FL 33980, (hereafter called "Euro-Wall") and*with its place of business for the products covered by this Agreement located at the location listed below (hereafter called "Dealer").*I. Purpose This Agreement is to appoint Dealer as a dealer of Euro-Wall with the non-exclusive right to sell all Euro-Wall manufactured products, including parts, accessories and service items in Euro-Wall’s current product list as updated and amended from time to time (hereafter called “Products”) within the trade area served by Dealer and to establish the responsibilities of the parties. II. Terms of Sale Upon acceptance by Euro-Wall of a Dealer’s order for Products, terms of purchase will be as set forth in this Agreement. Prices and terms for Products shall be those in effect on the date that Euro-Wall accepts the Dealer’s order. All shipments are F.O.B., Port Charlotte, Florida or Euro Wall’s other designated shipping point. Euro-Wall will have the right to change the product offering and the terms and prices therefore at any time. III. Credit Euro-Wall does not offer credit terms. Payments for Products will be by company check, wire transfer or cashier’s check. IV. Warranty Euro-Wall Products are sold subject only to the applicable Euro-Wall standard printed warranty in effect at the time of sale and such warranty shall be in lieu of all other warranties expressed or implied. Dealer is not authorized to assume, on Euro-Wall’s behalf, any liabilities in connection with Dealer’s sale of Product other than as set forth in such Euro-Wall standard warranty. Dealer shall indemnify and hold Euro-Wall harmless with respect to any Dealer representation beyond those in such Euro-Wall warranty. Euro-Wall makes no warranty of merchantability or fitness for a particular purpose. V. Delivery Euro-Wall is not responsible and shall not be held liable for any damages caused by late delivery of Euro-Wall Products. VI. Responsibility of Dealer Be a lawfully recognized business organized under state law being either: (i) Professional glazing service; (ii) Doors and Windows supplier; or (iii) Building supply company. Have and maintain a physical showroom. Provide to Euro-Wall a current list of email and phone numbers for Dealer sales, estimating, install and management staff so Euro-Wall can communicate official Product information and policies. Agree to place on Dealer’s website the Euro-Wall logo with a direct link to the Euro-Wall website. Aggressively promote the sale of Products through means that shall include, but shall not the limited to, advertising, showrooms, trade shows, field demonstrations and meetings/contacts with architects, contractors and engineers. Extend to Dealer’s customers Euro-Wall applicable standard printed Products and warranty which is in effect at the time of retail sale. Dealer understands that no other warranty is expressed or implied. Properly staff and train sales, service and parts personnel with respect to Euro-Wall Products. Maintain adequate levels of Euro-Wall Product brochures and samples. Send all quote requests for Euro-Wall Products using the Euro-Wall Online Quote Request Form. Dealer acknowledges that all orders must have both the quote and CAD sign-offs and the 50% deposit received by Euro-Wall prior to the order being processed. Rush orders (when available) will be charged a 10-15% surcharge to the originally quoted price. Purchase a full-size sample (for Dealer Showroom only) at 50% of the standard price payable in full prior to production. Euro-Wall will refund to Dealer ¼ (25%) of purchase price as a credit from the next 4 Dealer orders over $6,000.00 resulting in a no cost to Dealer showroom sample. Purchase a Euro-Wall factory installation service. Euro-Wall will only transact business with Dealer and not the end user, general contractor or any other entity other than the Euro-Wall Dealer. Dealer must follow all Euro-Wall installation procedures, policies and timetables. Installations (workmanship) warranties are for a period of 2 years from the date of the installation. Contact in a timely manner all sales leads sent and/or referred to Dealer from Euro-Wall. Agree to share any photos taken of Euro-Wall completed jobs for cross promotional purposes. VII. Term 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 60 days prior to the end of the then current term or unless this Agreement is otherwise terminated as provided herein. VIII. Trademarks / Trade Names Dealer acknowledges that the trademarks, service marks, trade names and logos used by Euro-Wall in promoting its products and services (collectively the “Euro-Wall Marks”) are the exclusive property of Euro-Wall or its affiliates. Dealer is hereby granted a limited and nonexclusive license to use the Euro-Wall Marks solely in the normal course of distributing Euro-Wall’s Products and performing related services under this Agreement. Dealer agrees not to use Euro-Wall’s name as part of Dealer’s name or in any manner which would misrepresent the relationship between Dealer and Euro-Wall. Dealer may represent itself as an “authorized dealer” of Euro-Wall. With prior approval of Euro-Wall, Dealer may use the Euro-Wall Marks on signs or other advertising or promotional material. Dealer’s license to use the Euro-Wall Marks is limited and Dealer shall abide by restrictions and limitations imposed by Euro-Wall from time to time. Upon termination of this Agreement, Dealer shall immediately cease representing itself as a dealer of Euro-Wall and shall cease all use of the Euro-Wall Marks including without limitation all signs or other material, including showroom samples of whatever nature, identifying Dealer as a dealer of Euro-Wall. IX. Approvals If necessary, Dealer, at its own expense, will obtain all necessary permits and licenses for the sale or use of the Products. X. Compliance with Laws Dealer will comply in all respects with all United States and foreign laws, regulations and standards applicable to its activities under this Agreement. XI. Relationships of the Parties The relationship of the parties is that of independent contractors, and not as a partners, joint ventures, agents or employees of one another. Dealer, its agents and employees are not sales representatives or agents of Euro-Wall and have no authority to represent themselves or act in any way to bind Euro-Wall to any obligation to a third party unless specifically authorized to do so in writing. XII. General Dealer is not an agent of Euro-Wall nor is Dealer authorized to incur any obligations or make any representations on behalf of Euro-Wall. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. Dealer may not assign this Agreement or any provisions thereof to another dealer or party without the written approval of Euro-Wall. If any provision of this Agreement shall be held unenforceable, then the remainder of this Agreement shall not be affected thereby. No waiver by Euro-Wall of any default under this Agreement by Dealer shall be deemed a waiver of any prior to subsequent default by Dealer hereunder. All understandings and agreements between the parties are contained in this Agreement which supersedes and terminates all other agreements between the parties. The rights of either party pertaining to Products sold by Euro-Wall to Dealer under previous arrangements will be governed by this Agreement, provided, however, that nothing contained in this Agreement will, in any way, alter or change the rights and obligations of the parties pursuant to any security agreements or other agreements presently in existence. Euro-Wall reserves the right to modify and/or update this Agreement consistent with the modification and/or updating of all agreements Euro-Wall 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. No modification or amendment of this agreement except as permitted above shall be binding on Euro-Wall unless set forth in a written instrument executed by Euro-Wall. Dealer agrees that application of any provision of this Agreement or related documents, or any other change implemented by Euro-Wall, if equally applied to all other similar Euro-Wall dealers, shall not constitute a change in the competitive circumstances of Dealer. Euro-Wall reserves the right to deal directly with Government Departments and National or Regional accounts. This Agreement will be governed by the laws of the State of Florida. Dealer Representative Agreement AcceptanceDealer Name*Dealer Representative Print Name*Dealer Representative Signature*Dealer Representative TitleDealer Date of Signature* Date Format: MM slash DD slash YYYY Euro-Wall Representative Agreement AcceptanceEuro-Wall Representative Print NameEuro-Wall Representative SignatureEuro-Wall Representative TitleEuro-Wall Representative Date of Signature Date Format: MM slash DD slash YYYY This iframe contains the logic required to handle Ajax powered Gravity Forms.