Review Our Contract - Automotive Directmail Service

Transcription

Review Our Contract - Automotive Directmail Service
AUTOMOTIVE DIRECTMAIL SERVICES
“Taking Automotive Directmail To A New Level”
This Service Agreement/Contract Is Between ADS And:
Dealership Name: _______________________________________________________________
Address: _______________________________________________________________________
RECITALS
ADS is engaged in providing services to: Automotive Dealerships, Motor Home/RV, Motorcycle/ATV, Boats/Watercraft,
Trailers etc throughout the United States. Services included but not limited to: Marketing, Consulting/Training, Sales, Sales
Management, Advertising, Direct Mail, Printing, Staffed Events, Hosted Events, Etc.
1. The purpose of this contract is to memorialize the agreement between the Dealer and ADS in which ADS will execute
and manage all aspects of said Event. Dealership will retain ADS and respectfully aid ADS in the techniques designed to
successfully manage and coordinate a Sales Event. Dealership agrees to allow ADS to manage and coordinate Event from
beginning to end of said Event.
2. ADS will monitor dealerships progress on a daily basis during the Event. And will work on the Dealerships everyday
business practice and will maintain a good work ethic and morals.ADS will supply Dealership with a team/managers to
facilitate the event and will be paid by ADS as Independent Contractors for ADS. No managers are to be paid by Dealership
personally. All checks are made to ADS. Dealership agrees to hold harmless ADS and its representatives from any claim,
lawsuit, cost or expense and liability in the event that the mail/sale is affected due to any circumstances such as acts of
God, war, terrorism, flood, snow, hurricane, postal or mail delays, natural disaster, etc.
3. Dealership agrees to pay upfront advertising fee of $_______________ for the Event for the design, art, printing,
distribution to mail facility, and other media if needed. ADS will have full control and discretion of advertising and any/all
changes are made by ADS. This advertising fee will be paid by acceptance of this contract.
4. Dealership agrees that this agreement is binding between both parties, their heirs, executors, administrators, and all
representatives. With the signing of this agreement personnel guarantee is given by dealership and person signing this
agreement to ensure ADS funds, pay, %, for Event. If contract is not followed out fully Dealership could be found in breach
of contract in which both parties will resolve matters in the governing State of Alabama. Dealership will be responsible for
all attorney’s fees and court costs involved.
5. Dealership agrees to furnish for team day before event begins: 6 to 8 tables, 30 to 40 chairs, helium, balloons, string,
lunch for staff, motels rooms, all paperwork to conclude each vehicle sold, inventory cost sheet (actual cost).
ADS INITIALS___________________________ DEALER INITIALS_________________________
6. Dealership agrees that ADS manager’s desk/close all deals from start of event to end of event and is paid on every deal
from actual cost with no packs, slush, hidden fees. Dealership agrees ADS is paid on everything used as gross profit
new/used, sale/lease, truck, car, suv, all packs, doc fees, slush funds, carryovers, incentives, rebates, warranty, gap, f&I,
holdback, and any other used as gross profit during the event. All frontend and backend profits
Dealership agrees once a deal has printed in finance office a recap will also be printed for Team Managers on a deal to deal
basis to calculate profits on a daily basis.
7. Dealership agrees to furnish: ________ new ________ used vehicles for the event to be on the lot front- line ready day
before event begins. These vehicles must be in sellable condition, 2006 or newer with less than 100k miles. If the amounts
of vehicles are not on the lot ready ADS % will increase by 5% and Dealership agrees to carry on with the event. Dealership
agrees that the pack for new cars to be $__________ and pack for used cars to be $___________ for salesman only. ADS
does not participate in this pack or any pack during the event. Salesman furnished by ADS will be as independent
contractors for ADS and will be paid on 1099 basis from Dealership but will not be compensated in any other form.
Dealership agrees not to employee/ hire any person as independent contractors/managers of ADS.
8. Dealership agrees to pay ADS and Salesman next business day by 3 P.M. on every deal sold from beginning of event to
end of event. Dealership agrees to pay on all deals with an approval/fundable status. Dealership agrees to appraise vehicles
during event to auction rates/ trade book value. All vehicles traded will be added to dealership inventory and be sold as
dealership inventory during event.. No wholesaling of vehicles during event, any deal with a discrepancy of trade amount
will be offered to ADS at $100 over appraised amount.
9. Dealership agrees to compensate ADS __________% or flat fee of $__________________
If Dealership elects to take a deal on a vehicle with a breakeven or loss status dealer will pay ADS $500 flat fee and
salesman $100 mini on that deal. All “spot deliveries” will be approved by dealership. This event will begin on
_____________ 2015 and end _______________ 2015.
10. Dealership agrees to at any time during the event and up to 2 weeks after event concludes to furnish ADS any and all
records to verify true and accurate cost such as: Auction receipts, appraisal slips, trade- in verification, etc.
11. Dealership agrees that no deals will be held from ADS check or no %, pay, funds, etc ADS will be paid on all deals and
if any charge backs return to Dealership ADS will participate and repay ADS % to Dealership. Dealership agrees to resign for
another Sale Event during the Event or before close of Sale if ADS gross profit exceeds $100,000 or 30 units or more have
been sold.
12. Dealership agrees if day of set-up, day before event begins if dealership has traffic already coming into dealership and
IVR or call center already has a response rate Dealership agrees ADS can go ahead and begin the event.
13. Dealership agrees while under contract with ADS dealership will not schedule, contract or perform another similar
event with any other company similar to ADS.
14. Dealership agrees any and all actual cost on vehicles will be on actual inventory sheet including any and all RO’s no
extra fees will be added at the end of the event. ADS will use cost sheet given day before event begins and will be paid from
that same list.
15. Dealership agrees any changes on this contract is to be initialed off on by both parties and on contract summary no
verbal changes can be made by either party without adding it to contract.
ADS INITIALS__________________________ DEALER INITIALS______________________
MAIL AGREEMENT/ CONTRACT SUMMARY
DEALERSHIP NAME: _________________________________________________
DEALERSHIP ADDRESS: ______________________________________________
PHONE: ________________________FAX: _______________________________
DEALERSHIP CONTACT: ______________________________________________
STAFFED EVENT_________HOSTED EVENT________MAIL_________
TYPE OF MAIL______________________________________________________
AMOUNT OF MAIL_______________________DROPS______________________
GIVEAWAYS/PRIZES________________________________________________
INSURANCE AMOUNT________________________________________________
SPECIAL INSTRUCTIONS_____________________________________________
SALE DATES___________2ND___________3RD____________4TH___________
AGREED
CONTRACT CHANGES_________________________________________________________
SIGNED_________________________THIS ______DAY OF_____________2015
SIGNED_________________________THIS ______DAY OF_____________2015