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Dealer
Agreement
THIS DOMAIN IS FOR SALE
Lobster
On Wheels Dealer Agreement (
250
)- 4
15
-
9628
The
Buyer agrees to purchase, and the Seller agrees to sell to Buyer, the
following described Concession Trailer and Equipment:
Date:
___________________________________
Submitted to: ____________________________
Address: ________________________________
Phone Number: ___________________________
Cell Phone (if delivered): ____________________
We
hereby propose to furnish materials and labor necessary for the
completion of:
A
Lobster On Wheels Trailer
on a 7000 lb tandem axle trailer with refrigerator, hot food wells, cold
food wells, food storage shelves, counter tops, running hot/cold water,
water storage tank, insulated walls, three windows in flip up walls and
one full width rear door, vinyl floor, inside and outside lights,
minimum 50 amp electrical service, 120 volt electrical outlets, custom 6
foot lobster steamer / BBQ grill / rotisserie / smoker, in-the-wall air
conditioner, awning over the cooking area, stereo speakers mounted in
the ceiling and outside. This trailer is part of the dealership purchase
price. Pickup date approximately 4-6 weeks from start date.
The purchase price for the above described Lobster
On Wheels Trailer and
Dealership fee is the sum of $____________ Dollars Plus 7% HST
sales tax of $____________ Full payment of $____________
payable by Express Mail and Cashier's Check ONLY to: Lobster
On Wheels or
(wire transfer- prior arrangements must be made).
Buyer
agrees that trailer will be picked up no later than 3 days after
completion and adheres to the $____________ dollars storage rate per day
will be incurred after the 3rd day. All material is guaranteed to be as
specified. All work to be completed in a substantial workmanlike manner
according to specifications submitted, per standard practices. Any
alteration or deviation from above specifications involving extra costs
will be executed only upon written orders and will become an extra
charge over and above the contract price.
Attached
to this agreement is:
1.
Contractor's Warranty
2.
Non-Compete Agreement
It
is acknowledged that a part of the consideration for the Non-Compete
Agreement is the sale of the said equipment. This agreement is binding
once order is signed and is non-refundable should cancellation occur
from Buyer. The agreement is to be governed by the laws of Nova Scotia
and the Country of Canada shall have jurisdiction.
ACCEPTANCE
OF AGREEMENT: All agreements are contained within this Agreement.
Lobster
On Wheels
Sales Representative
Authorized Signature__________________
Customer
Name:
Signature__________________________
Contractor's Warranty
The
contractor signatory below, Lobster
On Wheels
("Contractor") hereby guarantee
_____________________________________ (hereinafter "Owner")
that the construction of Lobster
On Wheels Trailer to be
free from defects in material and workmanship for a period of 90 Days
from the date of commencement of use, substantial completion or date of
notice of completion, whichever is the first to occur:
This
Standard Limited Warranty applies and is limited as follows:
1.
To the property only as long as it remains in the possession of the
original owner named above.
2.
To the construction work that has not been subject to accident, misuse
and abuse.
3.
To the construction work that has not been modified, altered, defaced,
and/or had repairs made or attempted by others.
4.
That contractor be immediately notified in writing within ten (10) days
of first knowledge of defect by owner or his/her agents.
5.
That contractor shall be given first opportunity to make any repairs,
replacements and/or corrections to the defective construction at no cost
to owner within a reasonable period of time.
6.
Under no circumstances shall contractor be liable by virtue of this
warranty or otherwise for damage to any person or property whatsoever
for any special, indirect, secondary or consequential damages of any
nature however arising out of the use or inability to use because of the
construction defect.
7.
Awnings are exempt from this warranty due to the amount of driving and
wind conditions the owner might endure. It is the owners responsibility
to check the awnings before each trip. Lobster
On Wheels
does not warranty any paint on the steamer / BBQ grill /
rotisserie / smoker.
Lobster
On Wheels
Sales Representative
Authorized Signature__________________
Customer
Name:
Signature__________________________
Non-Compete Agreement
WHEREAS,
the Seller, Lobster On
Wheels, desires to sell to
the Buyer, __________________________, a Lobster
On Wheels Trailer and
dealership, together with the equipment appropriate thereto, under
Seller's construction specifications; and
WHEREAS,
the said Buyer desires to purchase the same; and
WHEREAS,
it is the desire of the Seller to maintain an exclusive area for
Seller's construction, utilization, sale design, or use in any way of
the equipment in the sale of dealerships and trailers produced with said
equipment; and
WHEREAS,
Buyer agrees that it would not be in the best interest of either party
to compete against each other in the municipality of Halifax, Nova
Scotia.
NOW,
THEREFORE, for the purposes stated, and in consideration of the Seller's
agreement to sell the said specialized and unique equipment to Buyer, it
is agreed as follows:
1.
In consideration of the sale of the above stated dealership,
trailer and equipment by Seller to Buyer, Buyer shall not
directly or indirectly, engage in business in the sale of lobster
related concession trailer design, manufacture, construction, or a
business substantially similar to or competitive with the business of
Seller, within Atlantic Canada.
2.
Said restrictions shall be in effect for a period of five (5) years from
the date of purchase, on _______________, 200__.
3.
Buyer acknowledges that he/she has the opportunity to seek the advice of
an attorney prior to entering this agreement.
4.
This document contains all of the agreements of the parties and is
binding upon anyone purchasing the equipment from the Buyer, and the
Buyer acknowledges his responsibility to put any potential Buyer from
him, on notice of the restrictions contained herein.
5.
Buyer agrees not to cover over, deface or remove Lobster On Wheels
graphic artwork that are affixed to the trailer and lobster steamer for
any reason.
6.
Buyer acknowledges that Concession Liability Insurance, Health Permits
and Licensing are required to operate the trailer and is Buyer's
responsibility. Buyer agrees due to variances among Provinces it is the
individual's responsibility and Lobster
On Wheels is not held
liable for any discrepancies.
7.
Buyer acknowledges that the name Lobster
On Wheels may be used in
the operation of the dealership and trailer that is sold to Buyer.
AGREED
TO this _______ day of ________________, 20__.
Lobster
On Wheels
Sales Representative
Authorized Signature__________________
Customer
Name:
Signature__________________________
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