ADDENDUM TO DEALER AGREEMENT

Transcription

1 ADDENDUM TO DEALER AGREEMENT This Addendum to Dealer Agreement is entered into as of this day of,, for the benefit of R.C. Mast, INC.. (hereinafter referred to as ASC ), by (hereinafter referred to as Dealer ). RECITALS A. ASC operates one or more Registration Import/Brokerage Services in Spokane, Washington, Washington (the Registered Import Facility ), at which, from time to time, offers Registered Import and Brokerage Services of automobiles, trucks, recreational vehicles, motorcycles, boats, four and three wheel off-road vehicles, snow mobiles, and other motorized vehicles (hereinafter the Vehicles ). B. From time to time, Dealer has or may sell or purchase vehicles through the ASC Facility and system. Its right to do so is subject to its execution of an application and dealer agreement, as well as its compliance with the Rules and Policies of ASC (hereinafter collectively referred to as the Dealer Agreement ). C. As a condition of Dealer s continued access to the facility, ASC wishes to assure itself that Dealer has all licenses and permits required to permit it to use ASC facility and system. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Dealer agrees as follows: 1. Dealer Has All Required Licenses. Dealer represents and warrants to ASC that it now has and will have, when it consigns ASC Facility, all licenses required by any governmental authority having jurisdiction over Dealer to conduct its business, including, without limitation. Dealer further represents and warrants to ASC that is has provided and will at all times, provide ASC with true and correct copies of its Licenses, and each of them. 2. Indemnity. Dealer hereby agrees to defend, indemnify and hold ASC harmless from and against any and all claims, damages and causes of action whatsoever, whether arising at law, in equity, or under statute, that arise out of, or are in way related to, directly or indirectly, Dealer s warranty set forth in Section 1 of this Addendum. 3. No Implied Modification. Except for the express modifications to the Dealer Agreement as set forth herein, the Dealer Agreement shall not be considered as modified, released or affected and shall remain in full force and effect. This Addendum has been executed and delivered to ASC as of the date first set forth above. Legal Name of Dealership Signature/Title of Authorized Representative 12/29/2015 rev. Print Name

2 ASC GUARANTEE (A) In consideration of ASC allowing Legal Business Name (hereinafter referred to as Customer ) to import and sell vehicles through ASC, the undersigned, whether one or more, personally covenant, guarantee, and warrant that the title to each vehicle sold by Customer through ASC will be good and will be free and clear of all liens and encumbrances, whatsoever. The undersigned unconditionally agrees to reimburse ASC of any loss, damage, expense, or costs, including attorney fees, incurred by ASC as a result of breach of the foregoing warranty of title as to such vehicle. The undersigned further guarantees full payment of any debts of Customer to ASC, including any checks or drafts issued by Customer or any of Customer s representatives, together with any loss or expense incurred by Auction in collecting or attempting to collect such debt, including attorney fees. The undersigned further guarantees the odometer mileage statements given by or in behalf of the Customer in all sales of motor vehicles by it through ASC, and agrees to reimburse, indemnify, and hold harmless ASC from all losses and expense caused it by any such odometer mileage statement which proves to be false or inaccurate, including payments made by the ASC under any odometer statement guarantee issued by it in connection with any such sale, as well as any expense or costs incurred by ASC in collecting or attempting to collect such losses, including attorney fees. The undersigned acknowledges that ASC shall have the right to refuse to transact business with Customer, to modify or release any and all collateral security, to extend or change time of payment, and to settle or compromise with Customer without notice to the undersigned and without discharging or affecting the liability of the undersigned hereunder. This guarantee is to be a continuing guarantee and the undersigned hereby waives notice of acceptance of this guarantee and presentment, demand, protest, and any notice of non-payment or dishonor. The undersigned shall be liable to principal debtor and not merely as surety and the bankruptcy or any assignment in favor of Creditors of Customer shall not affect the enforceability of this agreement. This instrument shall bind the respective heir, executor, administrators, and assigns of the undersigned, and shall ensure to the benefit of Auction, its successor, assigns, and subrogees. Where there is more than one signatory to this agreement, each signatory shall be jointly and severally liable under this agreement. Legal Name of Dealership Date Signature/Title of Authorized Representative Print Name 12/29/2015 rev.

3 Wire Customer Information Form Dear Customer, We appreciate your business. Below are instructions for wire transactions. Please fill out all information and return as soon as possible. 1. If you use an ABA # (generally for domestic) or Swift/BIC Code (used for international) please verify that the information provided is correct. 2. In the additional area below, please give any other relevant information that will be necessary to complete your wire, such as transit information, bank codes, bank # s, etc. Any information to help the Wire Room process your wire accurately and timely. 3. There will be a test wire done prior to your first wire to verify all information for accuracy. 4. There is a $50 wire fee charged per wire. (That is per instance of wire, not per vehicle) Receiving bank ABA number (nine digits): Receiving bank name: Beneficiary/Intermediary Bank (BBK) if applicable Account number: SWIFT/BIC (International): Bank name: Bank s physical address: Street, city, state and ZIP Final Credit/Beneficiary Information (BNF) Account number: Beneficiary name: Physical address: Additional Information

4 PAYMENT TERMS Payment for any import or brokerage services provided by Automotive Services Company is due upon completion of services. Once payment is received, titles will be released. To eliminate any delays please select your preferred form of payment below. In some cases, we prefer to receive payment in a manner other than that selected. Should that be the case with your account, we will contact you to discuss alternatives. Company check Cash or cashier s check Credit Card o o o o Card number Name on Card: Expiration: 3- digit security code Postal/Zip code of billing address for card: Deduct from proceeds Third party flooring (please specify) Other (please explain) 12/29/2015 rev.

5 Power of Atorney AUTOMOTIVE SERVICES COMPANY I, designate Richard Mast (president) of Automotive Services Company,located at W. Hwy 2 Spokane, WA 99224, as my Power of Attorney on the following terms and conditions only: Richard Mast of Automotive Services Company and its agents have full power and authority to sign on my behalf, any documents and or forms that are necessary in order to produce or transfer vehicle titles. Signature Printed name Date Company Name 03/20/2018 rev.

6 Registration Application Dealership Information Trade or DBA Name: Legal Name (if different): Date Business Started: Federal ID: RIN (Canadian Province of Ontario only): (US-EIN, MX-RFC, CA-GST/BIN, International-Owners Passport) Check only one Sole Proprietorship General Partnership Limited Partnership Company Type: Business Corporation Limited Liability Company Unlimited Liability Corporation Business Types Check all that apply New Used Lease Wholesale Parts Salvage Export Rental Automobile Motorcycle Moped RV Mobile Home Trailer (Pull Behind) Motorcycle (Off Road) ATV Snowmobile Heavy Equipment Boat Personal Watercraft Airplane Unknown Contact Information Lot Address: City: Colony (if applicable): St/Prov (if applicable): Postal Code: Country: Mailing Address: City: Colony (if applicable): St/Prov (if applicable): Postal Code: Country: Bus. Phone Number: Address: Bus. Fax Number: Website Address:

7 Agreement You, the undersigned entity and individuals hereby authorize Automotive Services Company LLC, its affiliate Auction Insurance Agency("AIA"), and those customers that subscribe to Automotive Services Company system to provide, obtain, store, use and share amongst themselves, and externally, as each sees fit, the information contained on this application, on any other forms provided to Automotive Services Company and other information regarding you and/or your dealings with each, including transaction, bank, credit information, and consumer reports. You acknowledge that Automotive Services Company provides such information to Customers without verifying the same, on an as is basis, expressly disclaiming any express or implied warranties regarding such information. Customers are not limited to businesses in the automobile auction or dealer industries, but may also include other businesses providing goods or services to such industries. By signing below, you (1) agree to the terms of this application, any exhibits hereto, and Automotive Services Company's Terms and Conditions as they may be amended from time to time and posted on (2) warrants that you are solvent, properly registered to do business and licensed as a dealer (if applicable), and that the information provided herein is complete, accurate, and truthful, (3) acknowledges that registration in the Automotive Services Company System is no guarantee of purchasing privileges or credit with any Customer, which each retain the discretion to deal with you as they see fit, (4) agrees to be bound by the policies and procedures of each Customer at which you register or transact with your Automotive Services Company credentials, (5) agree that Automotive Services Company AIA, and each Customer, on their own behalf or on behalf of their respective customers and business partners may contact you for any commercial or advertising purpose using the telephone numbers (whether business, home, or mobile numbers), fax numbers, addresses, and/or other contact information provided on this form, or otherwise used in connection with your business, and (6) agree to disclose Automotive Services Company numbers only to Automotive Services Company Customers. You agree that these terms and any other commitments or account forms submitted to Automotive Services Company its affiliates, and any Customers, by you or any authorized Individual, shall have the same force and effect as though personally signed by each of you and may be enforced as originals, even if they were accepted online, by , via "click-through" agreement, or in other digital, pdf, or facsimile format. Signature Legal Name of Entity (Corp/LLC/LLP/ULC/Partnership/Individual) By: Printed Name of Authorized Signer (Owner/Officer/Manager) Trade or DBA Name of Entity Its: Title of Authorized Signer (Owner/Officer/Manager) Signature of Authorized Signer (Owner/Officer/Manager) Date of Signature Owners Owner Name Owner Name References Dealership Name Phone Number Franchise Information Franchise Name Franchise Number Franchise Name Franchise Number

8 TITLES and CHECKS REQUEST Hold for pick-up FedEx - ground o Please charge my A/R account $25 per mailing o Please charge my FedEx account FedEx Account Number: UPS - ground o Please charge my A/R account $25 per mailing o Please charge my UPS account UPS Account Number: Contact for Payment: First Name Last Name Phone Contact for Titles: First Name Last Name Phone Print Name Signature 12/29/2015 rev.