Are you interested to distribute our equipment for sale or rent?
Complete the application below. All submissions are subject to credit and reference checks and will be responded to within 10 business days.
TERM & EFFECTIVITY
This Agreement shall only be valid upon receipt of a letter of acceptance from Komplet USA and last for a period of one (1) year. Submission of Application by Dealer does not guarantee acceptance by Komplet USA.
RESPONSIBILITES OF DEALER
- Dealer represents the interest of Komplet USA in an honest and professional manner and at no time misrepresents Komplet USA’s products and services to any third party.
- Dealer does not engage in selling practices which are unfair, deceptive, misleading, or which misrepresents any aspect of Komplet USA’s product or service, or which unfairly misleads or induces an unwilling customer to make a purchase, or which are otherwise irresponsible or not sanctioned by Komplet USA.
- Dealer provides support, service and maintenance for Komplet USA’s products.
- Dealer manages, trains and motivates a competent team of sales personnel to sell Komplet USA’s products, and to implement good customer service.
- Dealer allocates a suitable sales and display area for the Komplet products.
- Dealer will set aside funds to engage in active marketing to promote Komplet’s products to Dealer’s customer base.
- Dealer shall hold Komplet free from and harmless against any and all claims, losses or damages incurred by its agents or sales personnel; and shall be held liable and remain responsible for all their acts and omissions as fully as if they performed the act or omission themselves.
- Dealer refrains from disclosing or in any way reveal, directly or indirectly, to any person or entity, details or other information contained in these terms and conditions between Komplet and the Dealer.
- Dealer abides to all governmental regulations in relation to the Dealer’s regular business performance. (i.e., taxes, licenses, permits, etc.)
- Dealer operates itself as an independent entity of and is not in partnership with or employ of Komplet USA.
- No right has been given to the Dealer to enter into any agreement or commitment in the name or behalf of Komplet or to bind Komplet in any respect whatsoever. Neither shall anything contained herein or done in pursuance hereof, constitute the parties as legal representatives of the other for any purpose whatsoever.
- As there exists no employer-employee relationship between the Parties, the Dealer, its agents and employees shall under no circumstances be considered as employees, agents, and representatives of Komplet. Neither shall the Dealer make any representation, guarantee or warranty with respect to any Komplet product or service.
- Komplet USA shall not be responsible for any negligence or default of the Dealer, its agents and employees, and Dealer will keep Komplet USA indemnified against the same and all actions, proceedings, claims, demands, and expenses in relation hereto.
For machines, holding deposit payments are required with order and balance payments are required in full prior to shipment of goods. For parts orders up to the credit limit extended by Komplet USA, payment terms are Net 30 from invoice date. Komplet USA accepts payment by check, credit card, bank transfer or lender.
SALES INCENTIVES & EXCLUSIONS
- Dealer is entitled to receive flat rate purchase incentives as disclosed by the account manager.
- Unless otherwise agreed by Komplet USA in writing, this is a non-exclusive arrangement, specific territories are not guaranteed, Komplet USA reserves its right to authorize other Dealers in Dealer’s region, state/province or locality, and Dealer is free to solicit and sell beyond its region, state/province or locality as the Parties see fit.
- Komplet USA will forward leads generated from its promotional efforts to Dealer in its area of capability, but retains the rights to directly service requests at its own discretion.
ADVERTISEMENT AND PROMOTION
- Komplet USA shall provide sales materials and product brochures to the extent possible, to support the sale of its products.
- Dealer shall not publish any advertisement which may mislead or deceive the public, or may be detrimental to the good name, trademark, logo, goodwill, or reputation of Komplet and/or its products.
- To the extent possible, any advertisement or promotion efforts using the name or trademark logo of Komplet’s products should have the prior approval of Komplet USA.
AMENDMENT & RENEWAL
- Any amendment, alteration or modification of this Agreement shall not be valid until issued in writing by Komplet USA.
- This Agreement shall be automatically renewed at the end of the term by mutual consent of both parties on an annual basis under the same terms and conditions set forth in this Agreement unless otherwise amended and agreed upon by either party in writing thirty (30) days prior to the expiration of the original term.
- Komplet USA reserves its right to change discount structures extended and published prices as necessary with or without prior notice.
- The contract is non-assignable, non-transferable and can be terminated by either party with or without thirty (30) days from date of receipt of written notice to the other party.
- Komplet USA may unilaterally terminate this Agreement if the Dealer violates any of its terms and conditions, changes the ownership or management of its business, engages in any unfair or unethical trade practices, or commits any fraudulent act.
- Upon termination of this Agreement, the Dealer ceases immediately to represent, display, advertise, or promote any association with Komplet USA and/or its products.
- Dealer shall be accountable for outstanding payments due to Komplet USA, if any, and must remit these payments in full.
LEGAL PROVISIONS AND VENUE
In the event any parts of this Agreement are found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void parts were deleted. This Agreement shall be construed and interpreted under the Laws governing the State of Connecticut.