dealership agreement autos askari

7/23/2019 Dealership Agreement Autos Askari

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DEALERSHIP AGREEMENT

THIS AGREEMENT IS MADEon this __________________ at _______________________

BY AND BETWEEN

Askari Bank Limited, a public limited company having its Principal Office at AWT Plaza,

The Mall, Rawalpindi, (hereinafter referred to as AKBL)of the first part.

AND

M/s ___________________________________ proprietorship / company / partnership, carrying

its dealership business at _________________________________________________________

______________________________ (hereinafter referred to as the Deaer of the second part.

WHEREAS!

a) AK! pro"ides finance facility (the "a#iit$) to its customers (%&st'mers) for

the purchase of motor "ehicles (M't'r (ehi#e).

b) AK! desires to pro"ide the #acility and assist its customers to a"ail the #acility.

c) $he %ealer is desirous to pro"ide its e&pertise in the field of sale of motor "ehicles inorder to assist AK! in the promotion of the #acility, to help the 'ustomers to a"ail the

#acility and in order to promote sale of its "ehicles, subect to the terms and conditions

contained herein

*o+ therefore in consideration of the mutual benefits to be deri"ed this Agreement +itnessed asfollo+s

* Reati'nshi+ ,et-een the Deaer and the Bank

$his Agreement shall not create any employer/employee or principal/agent relationship

bet+een AK! and %ealer. $he %ealer +ill pro"ide such ser"ices to AK! and/or to its

'ustomers as stipulated in this Agreement, defined particularly in clause - belo+.


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.* Ei/i,iit$!

AK! +ill e&clusi"ely decide as to +hether a customer +ho has applied for the #acilityis eligible to a"ail the #acility.

0* 1,i/ati'ns 12 the Deaer!

-. $he %ealer shall open and maintain an account +ith AK!s branch (A##'&nt).

-.0 $he %ealer shall at all times pro"ide prompt and competent ser"ices as re1uired in terms

of this Agreement to the 'ustomers at +ithin the %ealers premises (Premises).

0*0 Deaer3s 1,i/ati'ns

-.-. %ealers 2bligations in the 3"ent of oo4ing of the Motor 5ehicle

a) $he %ealer shall place an order +ith the manufacturer of the Motor 5ehicle uponrecei"ing a 6urchase 2rder, from AK!, as specified in the form set out in

Anne&ure 7A.

b) All boo4ings, in respect of Motor 5ehicles +hich are not readily a"ailable for

purchase, shall be made through a duly filled oo4ing #orm placed +ith themanufacturer by the %ealer and +ill pro"ide the carbon copy of the same to the

an4

c) $he %ealer shall for+ard the payment in respect of the Motor 5ehicle to themanufacturer, on behalf of AK! after signing an underta4ing in the form set out

in Anne&ure 7.

d) 8pon deli"ery of the Motor 5ehicle the %ealer shall procure from the 'ustomer and

pro"ide to AK! a !etter of 9ypothecation and such other documents as per

re1uirement in fa"our AK! in respect of the Motor 5ehicle.

-.-.0 %ealers 2bligation in the 3"ent of :n"oiced Motor 5ehicle.

a) :n cases +here the Motor 5ehicle is in"oiced in an indi"iduals/in"estors name, the%ealer shall raise the in"oice to AK!.

b) $he %ealer shall ha"e the Motor 5ehicle registered in fa"our of the 'ustomer uponrecei"ing the 6urchase 2rder.

c) $he %ealer shall procure and pro"ide to AK! a !etter of 9ypothecation and suchother additional documents as per re1uirement in fa"our of AK! in respect of

the Motor 5ehicle.

d) 6ayment shall be made to the %ealer in conformity +ith the pro"isions set out in theagreement.

-.-.- %ealers 2bligations in the 3"ent of 8n;:n"oiced Motor 5ehicle.

a)


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d) 6ayment to the manufacturer shall be made through the %ealer after the

production of an 8nderta4ing by the %ealer in the form set out in Anne&ure 7.

$hereafter, the payment shall be for+arded by the %ealer on behalf of AK! tothe manufacturer.

-.= Deaer3s 1,i/ati'ns in the e4ent '2 "inan#ed M't'r (ehi#es

a) $he %ealer shall ha"e the Motor 5ehicle registered in fa"our of AK! prior to the

deli"ery of the Motor 5ehicle to the 'ustomer.

b) 6ayment shall be made to the manufacturer through the %ealer.

c) All boo4ings in respect of the Motor 5ehicle +hich is not readily a"ailable for

purchase shall be made through a duly filled oo4ing #orm placed +ith the

manufacturer by the %ealer.

d) %eli"ery of the Motor 5ehicle shall be in accordance +ith the pro"isions of clause-.0 herein belo+.

-.> $he %ealer shall pro"ide +ritten 1uotation of Motor 5ehicle desired to be purchased by anypotential 'ustomer through the #acility to AK! and the 'ustomer as and +hen

re1uested, +hich shall include an itemi?ed listing of all charges (registration fee, road ta&,

e&pediting fee etc.). A +ritten 1uotation shall be "alid for at least se"en +or4ing days.

-.@ AK! +ill not be responsible for ma4ing any payment to the %ealer in terms of the 6urchase

2rder, in case if the 5ehicle is registered in the name of or deli"ered to a person other

than the 'ustomer or in case of breach of the obligations by the %ealer as pro"ided in thisAgreement. ubect to compliance of the conditions stipulated in this Agreement AK!

+ill be responsible for ma4ing payment to the %ealer of the amount specified in the

6urchase 2rder.

-.B $he %ealer shall ensure that

a) $he 'ustomers signature on the application for insurance and Motor 5ehicleregistration are the same as the specimen signature pro"ided to the %ealer by

AK!.

b) $he Motor 5ehicle is registered in the name of the customer and that the identity of

such 'ustomer corresponds +ith that stated on 6urchase 2rder recei"ed from

AK!.

c) $he Motor 5ehicle is deli"ered only to the 'ustomer and no one else. #or this

purpose the %ealer shall ensure proper identification (2riginal '*:') of the

concerned 'ustomer and get the 'ustomers ac4no+ledgement on the %eli"eryAcceptance #orm.

-.C $he Motor 5ehicle deli"ered/pro"ided by the %ealer to the 'ustomer in terms of thisAgreement, shall strictly confirm +ith the %ealers 1uotation.

-.D $he %ealer shall maintain all re1uired documents pertaining to the #acility in order topurchase the 5ehicle and pro"ide full assistance to the 'ustomer in completing the

re1uired documents accurately.

-.E 6romotion of the #acility

a) $he %ealer shall promote the #acility as re1uired by AK! from time to time by

interalia by displaying and e&hibiting as per AK!s specification promotionalmaterial including banners, brochures at the %ealers premises (6remises).

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6roper space shall be pro"ided for displaying and installation of such material.

Any promotional ad"ertising underta4en by the %ealer, in"ol"ing electronic, print

media or direct mail shall re1uire prior appro"al of AK!.

b) AK! +ill bear the entire cost of dealership signage as per specifications.

c) 8pon termination on e&piry of this Agreement, the dealership signage +ill be

immediately remo"ed from the 6remises, at the %ealers e&pense and deli"ered to

AK! +ithin such time as may be specified by AK! in +riting AK! shall notbe obliged to compensate the %ealer in any manner +hatsoe"er for any costs

incurred or suffered by the %ealer for the remo"al of this signage and the same

shall be e&clusi"ely borne by the %ealer.

-. $he %ealer shall ensure that all the specifications mentioned in the 6urchase 2rder in

respect of the Motors 5ehicle placed on order are met upon deli"ery of the Motor

5ehicle.

0*. Dei4er$ '2 M't'r (ehi#e

%eli"ery of the Motor 5ehicle shall be subect to the receipt of the follo+ing by AK! at

the time of deli"ery

a) A duly accepted %eli"ery Acceptance Feceipt +ith the %ealers stamp and

authori?ed signature along +ith the 'ustomers signature.

b) $he original Fegistration lip and the original Fegistration oo4 ha"ing lienmar4ed in fa"our of AK!, +ithin one month.

c) pare Key of the Motor 5ehicle.

d) 6articulars of the Motor 5ehicle for the purposes of insurance co"erage and a

confirmation in respect of the same, prior to the deli"ery of the Motor 5ehicle.

e) 'ompliance +ith the specifications and terms and conditions as set out in the

6urchase 2rder.

5* M'de '2 Pa$ments

=. All payments shall be made to the %ealer in respect of the Motor 5ehicle either throughpay order or by crediting the %ealers account held at AK!.

=.0 All payments made to the manufacturer in respect of the Motor 5ehicle shall be eitherthrough pay order or by crediting the manufacturers account held at AK! and the

details of such a transaction shall be pro"ided by AK! upon re1uest.

6* D&rati'n and terminati'n '2 the A/reement

a) $his Agreement is for a period of one year, +hich +ill e&pire at the end of one;year

commencing from the date of the signing this Agreement unless rene+ed by themutual consent of both the parties. Any obligation incurred or any order placed

before the e&piry of the Agreement shall be completed by the %ealer.

b) $he %ealers performance in terms of this Agreement +ill be re"ie+ed annually by

AK! or at such shorter inter"als, as the an4 may consider necessary.

*ot+ithstanding any pro"ision of this Agreement, the an4 retains the right to terminate

this Agreement, at any time +ithout assigning any reason by gi"ing -E days +ritten

notice to its intention to terminate to the %ealer and after e&piry of the notice period, this

Agreement shall stand terminated.

=


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7* Ins+e#ti'n and a4aia,iit$ '2 In2'rmati'n8re#'rds

AK! or its authori?ed representati"e(s) shall be entitled to inspect the %ealers records

relating to the #acility from time to time. :n this regard AK! shall gi"e three (-) daysnotice in ad"ance of its intent to "isit the %ealers premises to inspect the said record.

9* %'n2identiait$ '2 in2'rmati'n and data

All data and information ac1uired by the %ealer its employees, agents or personnel

during the course of this Agreement, hereunder pertaining to the #acility and/or 'ustomeror any other information ac1uired by reason of this Agreement +ill be of confidential

nature and shall not be used/di"ulged to any third party e&cept for the purpose of the

performance of this Agreement or unless specifically authori?ed by AK! in +riting.

$he %ealers obligations under this clause shall sur"i"e the termination or e&piry of thisAgreement.

:* Trainin/ t' Deaer3s +ers'nne

AK! underta4es to pro"ide training to ma&imum of t+o personnel of the %ealer inorder to enable them to ha"e an understanding of the #acility. $he %ealer shall depute at

least one or preferably t+o of its sales personnel to be trained for an in depth

understanding of the #acility. #urthermore, a detailed process flo+ manual +ill be

pro"ided to the %ealer, for ready reference to pro"ide ser"ice 'ustomer.

;* Indemnit$

D. $he %ealer shall indemnify and 4eep indemnified the officers, directors and employees of

AK! against claims, liabilities, demands, suits, costs or other charges of any 4ind or

e"ery character +hatsoe"er and ho+soe"er arising directly or indirectly from theperformance or non;performance of the terms and conditions of this Agreement by the

%ealer, its employee, agents, or personnel.

D.0 $he %ealer shall e&ecute a letter of 8nderta4ing in the form set out as Anne&ure 7.


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.* Ta>es and Le4ies

:n the e"ent of imposition of any go"ernment le"ies, ta&es including '5$, the %ealer

shall not to release the Motor 5ehicle to the 'ustomer unless such ta&es or le"y has beenpaid in full by the 'ustomer.

0* G'4ernin/ La- and ?&risdi#ti'n

$his Agreement shall be go"erned by and construed in accordance +ith the la+s of the

:slamic Fepublic of 6a4istan and the 'ourts of 6a4istan shall ha"e non;e&clusi"eurisdiction +ith respect to any dispute arising from this Agreement.

IN WITNESS WHERE1"this Agreement has been entered into on the date aforementioned.

_____________________________

#or on behalf of

Askari Bank Limited


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Anne>&re @A3

PR%HASE 1RDER

B


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Anne>&re @B3

NDERTAKING


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-. :n the e"ent +e obtain the !etter of 9ypothecation and the registration

documents at any stage from the 'ustomer, +e hereby underta4e to deposit the same +ith

the an4.(%'nt*Pa/e .)

=.

dealership agreement autos askari

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