Terms and Conditions
SANDCRAFT MOTORSPORTS DEALER AGREEMENT
This Dealer Agreement ("Agreement") is entered into between SANDCRAFT MOTORSPORTS, an Arizona-based company with its principal place of business at 2730 W Foothill Dr Phoenix, AZ 85027 ("SANDCRAFT"), and the undersigned dealer ("Dealer") as of the date of acceptance of the Dealer’s application ("Effective Date").
1. Appointment as Dealer
SANDCRAFT appoints Dealer as a non-exclusive authorized dealer to purchase, promote, and resell SANDCRAFT MOTORSPORTS products ("Products") in accordance with the terms of this Agreement. Dealer accepts this appointment and agrees to actively market and sell Products in a manner consistent with SANDCRAFT’s brand standards.
2. Ordering and Payment Terms
2.1. Orders: Dealer shall submit orders for Products through SANDCRAFT’s designated ordering process, as outlined on the dealer portal https://dealer.sandcraftmotorsports.com or as otherwise communicated. All orders are subject to acceptance by SANDCRAFT.
2.2. Pricing: SANDCRAFT will provide Dealer with a current price list, which may be updated at SANDCRAFT’s discretion with reasonable notice. Prices exclude taxes, shipping, and handling unless otherwise specified.
2.3. Payment: Dealer agrees to pay for all ordered Products in full within the payment terms specified on the invoice (typically net 30 days unless otherwise agreed). Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law. Dealer is responsible for all applicable taxes and fees.
2.4. Shipping: SANDCRAFT will arrange shipping to Dealer’s designated location, with shipping costs and risks of loss borne by Dealer upon delivery to the carrier, unless otherwise agreed.
3. Dealer Obligations
3.1. Brand Representation: Dealer shall promote and sell Products in a professional manner, maintaining SANDCRAFT’s reputation and brand standards. Dealer shall not make false or misleading claims about Products.
3.2. Compliance: Dealer shall comply with all applicable federal, state, and local laws, including those related to product sales, safety, and consumer protection.
3.3. Marketing Materials: Dealer may use SANDCRAFT-approved marketing materials and trademarks solely for promoting Products. Dealer shall not modify or create derivative materials without prior written consent from SANDCRAFT.
3.4. Customer Service: Dealer shall provide adequate customer service and support for Products sold, including handling customer inquiries and warranty claims in coordination with SANDCRAFT.
4. SANDCRAFT Obligations
4.1. Product Supply: SANDCRAFT will make reasonable efforts to supply Products ordered by Dealer, subject to availability and production schedules.
4.2. Support: SANDCRAFT will provide Dealer with access to product information, training materials, and reasonable support to assist in the promotion and sale of Products.
4.3. Warranty: SANDCRAFT will provide a limited warranty for Products as outlined in its warranty policy, which Dealer shall communicate to customers. Warranty claims shall be processed through SANDCRAFT’s designated procedures.
5. Term and Termination
5.1. Term: This Agreement begins on the Effective Date and continues until terminated by either party.
5.2. Termination for Convenience: Either party may terminate this Agreement with 30 days’ written notice.
5.3. Termination for Cause: SANDCRAFT may terminate this Agreement immediately if Dealer breaches any material term, including non-payment, misrepresentation of Products, or actions that harm SANDCRAFT’s reputation.
5.4. Post-Termination: Upon termination, Dealer shall cease using SANDCRAFT’s trademarks and marketing materials, pay any outstanding amounts owed, and return any confidential materials provided by SANDCRAFT.
6. Confidentiality
Dealer agrees to keep confidential any non-public information provided by SANDCRAFT, including pricing, product designs, and business strategies, and to use such information solely for performing under this Agreement.
7. Intellectual Property
All trademarks, logos, designs, and other intellectual property related to Products remain the sole property of SANDCRAFT. Dealer is granted a limited, non-exclusive license to use such intellectual property solely for the purpose of promoting and selling Products during the term of this Agreement.
8. Limitation of Liability
SANDCRAFT shall not be liable for any indirect, incidental, or consequential damages arising from this Agreement or the sale of Products, including but not limited to lost profits. SANDCRAFT’s total liability shall not exceed the amount paid by Dealer for Products giving rise to the claim.
9. Indemnification
Dealer shall indemnify and hold SANDCRAFT harmless from any claims, damages, or liabilities arising from Dealer’s breach of this Agreement, misrepresentation of Products, or failure to comply with applicable laws.
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Arizona. Any disputes arising under this Agreement shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Phoenix, Arizona, under the rules of the American Arbitration Association.
11. Miscellaneous
11.1. Entire Agreement: This Agreement constitutes the entire understanding between SANDCRAFT and Dealer and supersedes any prior agreements or understandings.
11.2. Amendments: SANDCRAFT may amend this Agreement with 30 days’ written notice to Dealer. Continued placement of orders after such notice constitutes acceptance of the amended terms.
11.3. Non-Assignment: Dealer may not assign this Agreement without SANDCRAFT’s prior written consent.
11.4. Force Majeure: Neither party shall be liable for delays or failure to perform due to events beyond their reasonable control, such as natural disasters or supply chain disruptions.
By submitting an application through SANDCRAFT’s dealer portal https://dealer.sandcraftmotorsports.com/register, Dealer acknowledges that it has read, understood, and agrees to be bound by the terms of this Agreement.