Equipment Dealer Agreement

X. TRADEMARKS/TRADE NAMES The distributor is authorized to use the company`s name and trademarks in the normal course of the sale of the company`s products and the provision of related services under this Agreement. The merchant agrees not to use the name of the company as part of the name of the distributor or in a way that would constitute a false relationship between the merchant and the company. The distributor may present itself as an "authorized distributor" of the company and use, with the prior authorization of the company, the name of the company and brands related to the product on signs or other promotional or advertising materials. The distributor`s license to use the company`s name and trademarks is limited and the distributor complies with any restrictions and restrictions imposed from time to time by the company. At the end of this agreement, the distributor must immediately cease to represent himself as a merchant of the company, stop using all the names and trademarks of the company, and all signs or any other material, regardless of the type that identifies the merchant as the merchant of the company, are removed or erased. This is a violation of sections 325E.061 to 325E.065 for a terrestrial equipment manufacturer: the law also regulates the actions a manufacturer must take in response to a warranty claim from a distributor. The requirements of this Section apply to all warranty claims made by a distributor to a manufacturer of agricultural machinery for which the agricultural machinery dealer has complied with the appropriate directives and procedures contained in the agricultural machinery manufacturer`s warranty. The law provides: Subd. 7.

Adjustment for errors. The ground equipment manufacturer may correct errors found during the audit and, if necessary, adjust claims paid in error. XII. GENERAL A. The merchant is not a representative of the business and the merchant does not have the right to make commitments or provide insurance on behalf of the business. B. This Agreement is binding on the parties, their heirs, executors, administrators, successors and beneficiaries of the assignment. C. The Merchant may not assign this Agreement or its provisions to another Merchant or party without the written permission of the Company. D. If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall not be affected.

E. No waiver by the Company of distributor`s delay under this Agreement shall be deemed a waiver of any prior or subsequent delay by distributor under this Agreement. F. All agreements and understandings between the parties are included in this Agreement, which supersedes and terminates any other agreement between the parties. The rights of either Party with respect to products that the Company has sold to the Distributor under prior agreements are subject to this Agreement, provided, however, that nothing in this Agreement modifies or otherwise modifies the rights and obligations of the Parties in accordance with applicable or other applicable security agreements. G. Entity reserves the right to modify and/or update this Agreement in accordance with the modification and/or update of any agreements that the Company has with other similar resellers and to replace or replace such amended or updated Agreement for this Agreement, and such replacement or replacement shall not constitute termination of this Agreement. The inability of the dealer to perform such a replacement or replacement contract within 30 days of the offer constitutes an automatic termination of this agreement by the merchant. H. The Distributor agrees that the application of any provision of this Agreement or its documents or any other modification made by the Enterprise, if it applies equally to all other similar traders of the Enterprise, does not constitute a modification of the Concessionaire`s conditions of competition. I.

*This Agreement is subject to the laws of the State _____ 5. Cost. Expenses expressly excluded under the ground equipment manufacturer`s warranty to the customer cannot be included in the claims and must not be paid on the dealer`s claims for warranty work performed. . . .

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