I verify all information is accurate to the best of my knowledge and understand that all inventory placed on the dealer’s lot are property of Haul-Mor Trailers, LLC

Between: Haul-Mor Trailers, LLC., the “Company”, a corporation organized and existing under the Laws of Mayfield, KY, with its head office located at: 1104 Paris Rd. Ste. 202, Mayfield, KY 42066,

And:

The Dealer, NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the Contractor Hereby acknowledges that it has been retained by the Company, for purposes of: SALE/OR RENTAL OF UNIT

TERMS

1.      Services.   Haul-Mor authorizes Dealer to sell trailers (“Trailers”) at the business address.

 

2.      Sales Practices.  Dealer shall offer Trailers for sale to the general public on the following terms:

 

a.      Dealer shall maintain a retail store, showroom, or display Trailers at the Lot Location;

 

b.     Dealer shall regularly trim grass, weed gravel, clean and maintain the area, and display signage at the Lot Location;

 

c.      Dealer shall maintain staff at the Lot Location during customary business hours;

 

d.     Dealer shall train its staff on the specifications, features, optional packages, delivery terms, and purchase terms relating to the purchase of Trailers;

 

e.      Dealer shall follow pricing instructions provided by Haul-Mor;

 

f.       Dealer shall follow all branding guidelines set by Haul-Mor;

 

g.     Dealer shall not engage in any bait-and-switch, misleading, or deceptive practices;

 

h.     Dealer shall promptly advise the Haul-Mor of customer complaints or claims;

 

i.       Dealer shall apply with all applicable laws and regulations for the sale or Trailers;

 

3.      Remittance of Funds.  Upon the sale or rental of each Trailer, Dealer shall remit to Haul-Mor (a) all monies received from the customer, and (b) all sale/rental paperwork.  All monies received by Dealer for the sale or rentals of Trailers belongs exclusively to the Haul-Mor.

 

4.      Compensation.  Haul-Mor shall pay Dealer 5% of the retail purchase price for all Trailers sold by Dealer. 

 

5.      Ownership of Inventory.  Dealer acknowledges that at all times Trailers in its possession shall remain the exclusive property of the Haul-Mor and the Haul-Mor retains all rights of ownership in this inventory.  Dealer shall not impair Haul-Mor’s rights, including but not limited to refraining from granting a security interest in the Haul-Mor’s Trailers to any third party. Haul-Mor reserves the exclusive and unlimited right to remove any or all Trailers from Dealer location(s) at any time, with or without cause.

 

6.      Term.  The term of Agreement shall commence on the date signed by the Dealer and shall endure until terminated by either party.  This Agreement may be terminated by Dealer FOR ANY REASON OR NO REASON, WITH OR WITHOUT CAUSE by giving thirty (30) days’ notice of termination in writing to the Company. This Agreement may be terminated by the Company FOR ANY REASON OR NO REASON, WITH OR WITHOUT CAUSE, effective immediately or at a specified time. Upon termination of this Agreement by either party, the Company has the right to immediately receive all Trailers in Dealer’s possession.  Within seven days, Dealer will provide a complete and current list of inventory in its possession.  Following the notice of termination, Dealer shall not sell, lease, or encumber Haul-Mor's Trailers without written authorization and shall assist Haul-Mor in transferring inventory off of the Dealer’s property.

 

7.      Return of Property.  Upon the termination of this Agreement, Dealer shall return to Haul-Mor any property, documentation, intellectual property, or records belonging to Haul-Mor.   Dealer authorizes Haul-Mor to enter its premises for the purposes of retrieving any of Haul-Mor’s property. 

 

8.      Branding.  Dealer shall make commercially reasonable efforts to promote the “Haul-Mor” brand, including (i) representing itself as an “authorized Haul-Mor dealer”; (ii) placing “Haul-Mor” signage at the Lot Location; and (iii) creating social media posts promoting Dealer’s status as an authorized Dealer for Haul-Mor.  Haul-Mor grants Dealer a non-exclusive, non-assignable, royalty-free license to use Haul-Mor’s logo in Dealer’s marketing and advertising.  This license shall terminate automatically upon the termination of this Agreement. 

 

9.      Insurance.  Dealer shall, at its expense, purchase general liability insurance and commercial property insurance with minimum coverage limits of $1,000,000 per occurrence and $2,000,000 aggregate.  Dealer shall name Haul-Mor as an additional insured.  Haul-Mor may, in its discretion, obtain the foregoing insurance policies on Dealer’s behalf at Dealer’s expense.  Dealer bears the risk of loss of Trailers in its possessions.  Dealer understands that it is solely responsible to obtain, if it desires, any other insurance coverage, including but not limited to workers’ compensation, employment practices, auto, cyber liability, or catastrophic risk coverage. 

 

10.   Relationship of Parties. Dealer is an independent contractor and is not an employee, partner, agent, or engaged in a joint venture with Company.  Dealer acknowledges that Haul-Mor reserves the right to place more than one dealer at the Lot Location. 

 

11.   Limited Authority to Bind Company. Dealer may engage in the receipt of orders for sale or rental of storage Trailers on behalf of the Company and may execute Rental Purchase Agreements in furtherance thereof.  Dealer has no other authority to transact business, incur obligations, accept any service of process, or receive any notice of any nature on the Company's behalf.

 

12.   Governing Law; Enforcement.  All disputes regarding this Agreement shall be governed by Kentucky law and brought before a state or federal court in Graves County, Kentucky.  In the event Company engages legal representation to enforce any provision of this Agreement, including but not limited to Dealer’s obligation to return inventory, then Dealer shall pay Company’s reasonable attorneys’ fees and further agrees that the Company may be withheld the costs of enforcing this Agreement from any commissions due to Dealer.

 

13.   Miscellaneous.  Dealer may not assign this Agreement without the prior written consent of the Company.  This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties hereto.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which, when taken together, shall constitute one and the same instrument.

 

In Witness Whereof, the parties hereto have executed this Agreement effective as of the date stated above.

The undersigned hereby authorizes Haul-Mor Trailers, LLC (hereafter “Company”), to initiate credit entries (deposits) and if necessary, to initiate debit entries (withdrawals) and adjustments for any credit entries made in error to the undersigned’s bank account identified below at the depository financial institution named below (“Financial Institution”). The undersigned acknowledges and agrees that "Financial Institution" has no duty or obligation to verify that a debit entry (withdrawal) form the subject account by Company is proper.

The Authority granted above is to remain in full force and effect until Company has received written termination notice form the undersigned, and Company has had a reasonable opportunity to act on it.