Continental Locating, LLC
This Location Agreement is made this __________day of _________________2004, between
Continental Locating, Inc. and The Vendor_________________________________________
City________________________________ State_______________________ Zip__________
The Vendors Recompense:Continental Locating, Inc. agrees to cause the procurement of suitable locations for the following equipment or product units listed below, as set fourth by the vending industry as suitable for such equipment or product. Continental Locating, Inc. will present the locations to The Vendor, for placement, the number of units listed below. Continental Locating, Inc. will also provide one on one consulting as needed and assist The Vendor with available industry related information. The Vendor shall accept all responsibility for the success of their business and agree to release Continental Locating, Inc. and all of its employees, owners, and locators, of any and all liability. Both parties agree to a ninety-day statute of limitation with a five-day grace period from the date or origination, for all compliance under the terms and conditions of this agreement. The sole purpose of this agreement is to assist The Vendor in the start up and / or the growth in the field of business. The Vendor in consideration agrees to pay the total listed below for all units contracted with Continental Locating, Inc. The Vendor agrees to pay a portion of this fee, the amount listed below, as a working deposit for rendition of services. The deposit must be received in our office before commencement and issuance of the work order to the Independent Locator. The deposit should be by cashiers check, personal checks are welcome, but work will not start until check has cleared bank. The Vendor agrees to pay the Independent Locator the balance due for each qualified location. The Vendor must acknowledge these locations by signing a location list. The Vendor has the right of refusal of any location.
Replacement Warranty: Continental Locating, Inc. will aid in providing an alternate location, at no cost, if the manager, owner or agent of primary location refuses to allow the installation of the said unit. Continental Locating, Inc. warrants all locations for a period of ninety days and agrees to relocate one location at a time for $ _______ per location. This is for any account that does not prove to be acceptable during the first ninety days of continual operation. The Vendor must meet the following terms for the thirty-day warranty:
Continental Locating, Inc. must receive the sign off list, within seven days of the sign off with your Independent Locator, and it must be mailed by certified mail.
Place the unit in the location for at least thirty days and be reasonably displeased with the primary location. Continental Locating, Inc. agrees to assist in having the primary location replaced, at the earliest possible time, for the fee stated above, in the replacement warranty paragraph.
The Vendor must give written notice within ninety days of accepting the location, with proper documentation of route service, and the reason for disapproval of that location, must be mailed by certified mail.
Any and all extra locations provided by the Independent Locator at the time the job was worked are classified as replacement location(s) to the primary location(s) and will be taken into consideration by Continental Locating, Inc.
Continental Locating, Inc. will not honor any replacement for the following reasons:
The non-delivery of units or products in a timely manor, an attempt must be made to deliver the units or products within five working days; for telemarketed accounts, not contacting the location within two days and reporting to the telemarketer non acceptance by the location;
Not touring the locations with the Independent Locator, not meeting the authorizing agent for the location;
Not providing written notice by certified mail, given with the appropriate documentation furnished by Continental Locating, Inc.;
And / or if The Vendor has removed the equipment or products prior to the thirty-day requirement, or if adequate service was not provided or full payment was not made when locations were procured.
The Undertake: The guarantee is provided for the benefit of The Vendor and is not transferable. Failure by The Vendor to comply with any of the provisions contained in this contract will void the guarantee. It will be The Vendor responsibility to relocate any location site that terminates or does not allow installation after acceptance. It will be The Vendor responsibility to relocate any primary location site that asks for removal after installation. The Vendor will not have the right of refusal on a valid location the Independent Locator provides. The contract is for ninety days. Continental Locating, Inc. shall have ninety days from the date of notice by The Vendor to execute the location under this agreement. All locations secured for The Vendor are the property of Continental Locating, Inc. until the location fee is paid in full. Should The Vendor fail to pay the remaining payment stated in this agreement the locations will by remained by Continental Locating, Inc. and any units placed at said location will be the property of Continental Locating, Inc., until all locations are paid in full. If The Vendor fails to pay the Independent Locator the balance due on this agreement, this warranty will be considered null and void.
If The Vendor has chosen not to ride with the Independent Locator, it is understood, that The Vendor will show courtesy by prompt response when presented locations to view. The Vendor must be available to view the locations during normal business hours and at the completion of the Independent Locators search, to remain within the terms and conditions of their agreement or they agree to accept the locations as presented. It is further understood that Continental Locating, Inc. has made no guarantees of minimum or maximum earnings of any location.
Expansion Warranty: Expansion and extension warranty will extend the time of the contract from 90 days to one year. Continental Locating, Inc. will replace any location for a fee of fifty percent of the original primary location fee, plus an expansion warranty fee listed below. Payment for the warranty must be made in advance, and all requirements stated above must be met; this is an extension of time from 90 days to 365 days. This warranty may also be used as an expansion warranty. Additional locations of same type as the primary location may be purchased at fifty per cent of the original locating fee. This warranty can only be purchased as part of this agreement. (See Expansion Warranty and Warranty Agreement) Minimum number of machine locations required to participate in the Expansion Warranty varies according to the type of machine. The Expansion Warranty is not available on small orders of locations, example; gumball machine locations, minimum number required to participate is 30 locations.
Continental Locating, Inc. is an independent locating company, solely and exclusive contracted by and for The Vendor. Our total responsibility and obligation is to provide The Vendor with primary locations by using Independent Locators as our locators. They are not and should not be considered an employee of Continental Locating, Inc. or the manufacturer(s), supplier(s), and / or their subsidiaries. Continental Locating, Inc. is not responsible for any claims or warranties made by the Independent Locator. All responsibilities and obligations regarding the product, including but not limited to deliver, packaging, quality, durability, sales etc, is exclusive between The Vendor and the manufacturer, and / or supplier, and / or subsidiaries. It is mutually agreed that Continental Locating, Inc. will obtain the best location accounts possible under currently existing local conditions. It is mutually agreed in the event The Vendor request cancellation of this agreement for any reason, Continental Locating, Inc. upon receipt of written notice of cancellation, shall have the option to demand and receive specific performance of the agreement from The Vendor. By signing this agreement The Vendor understands that all fees paid are non-refundable. The parties agree that any and all disputes between them and any claim by either party that cannot be amicable settled, will be determined solely and exclusive by arbitration in accordance with the commercial rules of the American Arbitration Association. Judgment upon an award of the majority of the arbitrations will be binding and will be entered in a court of complete jurisdiction. This agreement contains the entire agreement between the parties. There exist no other agreements, written or oral, preceding the date of this agreement. The undersigned signify by signing of this agreement that they have read the entire contract, understand and agree to the terms and conditions herein. Payment in full is required for all work orders that are done by our in-house locating staff and / or if the total contract amount is $500.00 or lower.
Number of Primary of Locations _________@ $_____________Each Total $______________
Type of unit __________________________________________________________________
Deposit $_________________ Plus expansion warranty fee (optional) $__________________
Balance Due* $____________ * Balance due upon acceptance of #______Primary Locations.
ALL FEES PAID PURSUANT TO THIS AGREEMENT ARE NON-REFUNDABLE
The undersigned represents that they have read, understood and agrees to the terms of this agreement and they have full authority to enter into this agreement,
Continental Locating, Inc.