Dealer Agreement

We are very happy to see you have decided to become a member of the Nexmotor team of dealers. We sincerely hope we will be partners for many years to come.

The Dealer Agreement and our Non-Disclosure Agreement are written agreements to minimize disagreements about each party’s rights and responsibilities. By filling the registration form and clicking on the agreement box, you agree to the terms and conditions stated in the Agreement that will rule our working relationship. A full registration means a keen dealer willing to collaborate with us selling these products.

1. Performance

  1. Nexmotor shall have the right to place limits on the amount of credit card orders at any time during the term of the Dealer relationship described hereunder.
  2. Dealer acknowledges that Nexmotor doesn’t grant credit on open account and that all purchases shall be prepaid or paid for concurrently with delivery of product from Nexmotor via bank deposit.
  3. In the event any of Dealer’s checks are dishonored, for any reason or in the event Dealer causes a charge back as to any credit card used to pay for product purchased from Nexmotor, then in addition to all other remedies, and all other fees and charges available to Nexmotor there shall be accessed against Dealer a “bad check” or “credit card charge back” fee in the amount of $35.00 per item. Further, in the event of a dishonored check or credit card charge back on any order from Nexmotor, Nexmotor will not release any further orders of product until the amount due is paid in full and until the next succeeding order is prepaid in full.
  4. Dealer acknowledges that Nexmotor will only accept a check drawn on a bank account in Dealer’s name or a credit card charge on a credit card issued in the name of the Dealer.
  5. All orders of product from Nexmotor which are to be shipped to an address not within the United States of America must be prepaid in full, including shipping fees, and all duties and taxes prior to shipment.
  6. In the event Nexmotor engages an attorney for the collection of any dishonored check of Dealer, or to collect a credit card charge back, or for any other reason in connection with a delinquent account of Dealer, whether or not litigation is instituted, Dealer and Principals agree to pay and reimburse all such reasonable attorney fees, and all costs, if applicable. In the event litigation is instituted, Dealer and Principals acknowledge and agree that the aforesaid attorney fees and costs may be added to and become a part of the judgment rendered against Dealer and Principals as otherwise referred to herein.
  7. The Principals execution of this Application shall constitute an unconditional, unlimited guarantee of all of the obligations of Dealer to Nexmotor. In this regard, Principals agree that Nexmotor may pursue them directly, rather than pursue Dealer for all amounts due from Dealer to Nexmotor.

2. Order Processing

  1. Purchase Orders, indicating quantities, delivery dates and references to be used, shall be placed online, by phone, or by e-mail.
  2. Each Dealer will be assigned a unique online ID. Upon logging in, you will have access to an account dashboard, where you will be able to place orders, view order history and shipment information.
  3. You will be provided with bank payment instructions. Nexmotors accepts wire transfer, ACH bank transfer, and deposits of cash and checks. Check deposits can be made by you at a local Bank of America branch using a bank deposit slip, or in many cases online using your banking institution.
  4. You have the option of paying the total of the order, or depositing a larger amount and carrying a balance. Deposits are posted to your account and will be reflected in your online account. These funds can then be used to cover the cost of your order, in part or in full.
  5. Nexmotors shall be entitled to cancel an order at any time up to delivery.
  6. Orders will not be shipped until payment is received in full. 


3. Confidentiality and Non-Disclosure Agreement (NDA)

The Dealer agrees that all documents and information obtained from Nexmotor and all company- client-, and shipment-related information shall be treated with strict confidentiality and that any such information will not be disclosed nor made available to any third party without a prior written consent from Nexmotor.

The Dealer agrees with the standard Confidentiality and Non-Disclosure Agreement below and any that The Company’s Client may specifically suggest upon request.

The Dealer shall take efficient measures to avoid any loss of data due to hardware failure or other events of any climatic, mechanic, electric or human origin, and protect their computers with state of the art anti-virus software.

4. Transfer of Obligations

The Dealer shall take all necessary measures in order to have all the terms and conditions of the present agreement enforced and opposable towards the employees, independent contractors, subcontractors, and consultants who are carrying out sales, shipping, and after-sales services for the the products purchased.

5. Term and Termination

The term of this agreement shall continue in perpetuity until withdrawn.



Confidentiality / Non-disclosure Agreement

This Confidentiality / Non-disclosure Agreement (“Agreement”) is entered into today,

BETWEEN:

(1)   Nexmotor Corp – a company incorporated in Wyoming, whose registered office is located at 30 N Gould Street, Sheridan, Wyoming 82801 (hereinafter Nexmotor); and

(2)   the Dealer applicant, an independent entity doing business in the country of registration, whose registered address is located at the registration address (hereinafter the Dealer).

The Dealer agrees to disclose the Confidential Information only to such of its officers and employees who need such Confidential Information for the purpose of conducting business, and the Dealer shall ensure that all of such officers and employees safeguard and preserve the confidential status of the Confidential Information.

WHEREAS:

In connection with the registration as a Dealer, the Dealer will have access to confidential unit pricing ("wholesale cost") of products offered by Nexmotor.

THE PARTIES HEREBY AGREE AS FOLLOWS:

Dealer acknowledges that the Confidential Information (as defined below) comprises valuable trade secrets and is proprietary to Nexmotor. Dealer shall hold the Confidential Information in strict confidence and shall not disclose the same to any other person, firm or corporation, except as required to perform its obligations under this Agreement. The foregoing limitations on disclosure and use of Confidential Information shall not apply to any information which is in the public domain at the time that it is received by Dealer or which thereafter becomes in the public domain through means other than a breach of this Agreement. As used herein the term "Confidential Information" means all know-how, designs, drawings, pricing information, specifications, and other information, whether or not reduced to writing, relating to the design, manufacture, use and service of any products of Nexmotor as well as any other information relating to the business of Nexmotor that may be divulged to Dealer that is not generally known to the public.



Nothing in this Agreement shall be constructed to bind or obligate Nexmotor to pursue any further relationships or commercial agreements with the Dealer.

This Agreement shall be binding upon and inure to the benefit of either party’s successors and assignees, but the Dealer shall not assign this Agreement without the prior written consent of Nexmotor; Nexmotor may assign this Agreement to any of its affiliates.

Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the laws of the State of Wyoming.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter. No variations of this Agreement shall be valid unless agreed to in writing.

The dealer applicant acknowledges that no remedy at law for damages is adequate to compensate Nexmotor for a breach of the provisions set forth in this Agreement and that Nexmotor as the party injured by such a breach may be entitled to temporary or permanent injunctive relief against any such breach, without the necessity of providing actual damages. The award of permanent or temporary injunctive relief shall in no way limit any other remedies to which Nexmotor may be entitled as a result of any such breach.

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