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Warranty Information. Under the terms of the Warranty, Generac may opt to repair, replace, or issue a refund for products that are defective or have sustained damage in shipping. Replacement of products or parts subject to normal wear and tear is the responsibility of the customer. If Generac chooses to accept a return under Warranty. Generac Verified account @Generac Generac is the leading manufacturer of backup power generators for the residential, commercial & industrial markets.
APPOINTMENT AND SCOPE 1.1 Appointment. This Agreement constitutes an appointment of Distributor as a non-exclusive Distributor of Generac products, components, and parts thereto, including without limitation, those listed on Appendix #1 (“Products”) in the Sales and Service Area, defined by Appendix 2. The scope and type of Products sold by Distributor or offered by Generac may be amended by Generac in accordance with this Agreement.
This Agreement is non-exclusive and Generac has the right to make direct sales or provide services in any geographic area or market vertical and to appoint additional GAIN Dealers, residential dealers or other buyers similarly situated to Distributor in any geographic area or market vertical at any time in its sole discretion. The relationship between Generac and Distributor is that of a seller and buyer. Neither Distributor nor its employees and agents are or will be the agents or representatives of Generac for any purpose whatsoever. Distributor, its employees or agents, are not granted by this Agreement or otherwise any expressed or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of Generac.
Generac agrees to sell and Distributor agrees to buy the Products under the terms and conditions listed herein. Any and all Products purchased by Distributor shall be subject to the terms and conditions in this Agreement.
DISTRIBUTOR ’S OBLIGATIONS 2.1 Insurance. Without limiting the Distributor ’s indemnity obligations, Distributor shall maintain in effect during the term hereof and for a period of no less than five years thereafter liability insurance policies, with a recognized carrier providing A.M. Best financial rating of at least “A - VIII” aggregate coverage of not less than $3 million and not less than $1 million per occurrence; w orkers’ compensation and e mployer’s liability in compliance with statutory and federal laws and requirements of the hiring and working states with minimum e mployer’ s liability limits of $500,000 each accident; $500,000 disease policy limit; and $500,000 disease each employee; commercial automobile liability with minimum combined single limits of $1,000,000 each accident. Such policies will include Generac as the additional insured and a certificate of insurance will be provided to Generac upon request. Distributor shall provide Generac ten (10) days’ prior written notice of any cancellation, lapse or expiration. 2.4 Sales and Service Area.
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The Sales and Service Area assigned to the Distributor by this Agreement is non-exclusive. The Sales and Service Area may be comprised of a geographic territory, a market vertical or both. The Sales and Service Area may or may not include Generac National Accounts (as defined below). Distributor shall use best efforts to sell and promote the Products in the Sales and Service Area. Distributor ’s sales and service performance shall be measured only within the Sales and Service Area. 2.7 Performance. Generac may conduct biannual reviews of Distributor ’s performance.
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Distributor agrees to make available upon the occasion of such reviews, all Distributor ’s records and employees which would contribute to the overall value of these reviews. Generac, in its sole discretion, shall issue specific requirements and objectives, including without limitation, target sales, market penetration and other goals as detailed in Distributor ’s performance dashboard (“ Dashboard Deliverables”), to the Distributor for appropriate and timely implementation according to timelines established by Generac in its sole discretion. Youtube s p sailaja song om namah shivaya. Once per year, Generac shall have the right to add to, subtract from or change the Dashboard Deliverables in its sole discretion for any reason. Distributor shall meet sales and service responsibilities and other requirements specified in this Agreement and Dashboard Deliverables (“Performance Standards”). If, in the sole discretion of Generac, Distributor does not meet or make adequate progress toward meeting the Performance Standards, it shall be considered a material breach of this Agreement, and Generac shall be entitled to take any action available including without limitation, termination of this Agreement for cause. If Distributor does not meet Performance Standards or Distributor Development Plan as described in Section 2.8, Generac shall provide Distributor with a Performance Improvement Plan detailing terms and conditions which Distributor must meet within a specified time frame (“PIP”). While the PIP is in effect, Generac may in its sole discretion, amend the scope and type of Products sold by Distributor and/ or Distributor’s Sales and Service Area upon ninety (90) days’ written notice.