Extended Protection Dealer Agreement - Multipoint
This Dealer Agreement (“Agreement”) is entered into between Administrator and Dealer, as identified below, and is effective as of the date in the signature block (“Effective Date”). Background Dealer is an authorized dealer of new vehicles distributed by General Motors LLC (“GM”) under its brands. Administrator has expertise in administering extended service contracts, and ancillary products (collectively “Protection Plans”) and has contracted with GM for selling, maintaining and administering a Protection Plan program (“Program”) to be labeled with one or more GM marks. Administrator will administer the Program for the benefit of Dealer and the Protection Plan Holders. In addition to selling new vehicles, Dealer is in the business of providing vehicle maintenance and repair services and desires to provide repair services for its customers who have purchased a Protection Plan (“Protection Plan Holder(s)”). Agreement 1. Program. 1.1 The Program entails the sale and distribution of the Protection Plans with GM divisional labels. Protection Plans under the Program are vehicle service contracts, GAP coverage, tire and wheel plans and other similar plans that may be added by the Administrator with GM approval. Dealer will participate in the Program by performing the sales, marketing, and vehicle repair activity specified under this Agreement. Administrator will be responsible for the administration of the Protection Plans and will be the “administrator” for purposes of applicable State law. Dealer acknowledges and agrees that the Administrator or its designee will act as the ”obligor/provider” (for purposes of applicable State law) of the Protection Plans, unless applicable State law requires the Dealer to act as obligor/provider for certain Protection Plans, in which event Dealer shall take all required action to become obligor/provider. 1.2 GM will not be deemed or described as the Obligor/Provider, administrator or underwriter of any Protection Plan offered under the Program, GM will make no claims or administration decisions, GM will not pay any claims, and Administrator, Dealer nor any of their affiliates are agents of GM. 1.3 Dealer will provide all necessary resale certificates where applicable or required. 2. Marketing / Sales Process . 2.1. Dealer will use its best efforts to market the Program and must fully comply with the instructions of Administrator, under performance requirements established by GM for the Program. 2.2. Dealer will not sell, solicit the sale of, or accept requests to purchase Protection Plans via the internet, unless done in strict accordance with Administrator’s current procedures, eligibility requirements, coverages, rules and regulations. 2.3. Administrator will provide Dealer with Protection Plan forms and other supplies approved by Administrator necessary for Dealer to implement the Program. The forms and supplies will remain the property of Administrator and must be returned to Administrator upon termination of this Agreement or upon demand of Administrator. 2.4. Dealer will offer the Protection Plans to potential customers on forms approved in writing by Administrator. Dealer may only offer Protection Plans: 2.4.1. for qualifying vehicles; 2.4.2. at prices that are greater than or equal to the minimum fee (“Protection Plan Fee”) in the most current rates approved by GM (“Rates”); and 2.4.3. consistent with Administrator’s current procedures, eligibility requirements, coverages, rules and regulations, which are hereby incorporated into this Agreement by reference. 2.5. Administrator may revise its procedures, eligibility requirements, coverages, rules and regulations at any time and reserves the right to do so immediately and without prior notice. 2.6. Administrator is not required to perform administrative services for any Protection Plan sold by Dealer (a) on a form not approved by Administrator, (b) on a form discontinued by Administrator, or (c) otherwise sold in violation of this Agreement. Dealer has no authority to alter, modify, waive or discharge any terms or conditions of any Program or any approved Protection Plan, or to incur any liability on behalf of Administrator, or to make any representations about Protection Plan coverage that is not contained in the applicable Protection Plan. 2.7. Dealer represents and warrants that it will not, directly or indirectly, make any misrepresentation to a customer regarding: 2.7.1. the nature, status, or coverage of the Protection Plans; 2.7.2. the extent of Dealer’s, or GM’s, relationship with the customer or its role with respect to the Protection Plans; 2.7.3. the identity of the administrator or obligor/provider of the Protection Plans under applicable State law; or 2.7.4. the applicability of the manufacturer’s limited written warranty. 2.8. Dealer must provide clear and accurate coverage, cancellation and price-related information to customers. 2.9. Dealer must comply with the cancellation and refund provisions and all other provisions of the Protection Plans. 3. Protection Plan Fee and Compensation Process . 3.1. Dealer will collect the Protection Plan Fee for the Protection Plan(s) from the customer at the time of sale or include it in applicable vehicle financing. 3.2. The amount of the Protection Plan Fee received by Dealer from the sale of Protection Plans is to be held in trust and will remain at all times the property of Administrator and insurance company as the case may be, and neither Dealer nor any third party claiming under, through or on behalf of Dealer may have any interest in, or rights with respect to, the Protection Plan Fee. 3.3. The Protection Plan Fee for the Dealer is found in the most current Rates issued by Administrator and approved by GM. The Rates may be periodically adjusted and any adjustment will take effect no more than thirty (30) days after Dealer receives notice, in writing, of the revised Rate. 3.4. GM (as settlement agent) will deduct, through Dealer’s open account with GM, the Protection Plan Fee for each Protection Plan provided by the Dealer to a Protection Plan Holder for remittance to Administrator. 3.5. If Dealer fails to properly remit funds and expenses for any Protection Plan it sells then Dealer will be responsible for any costs and expenses which may include, without limitation, the costs of repair, the Protection Plan Fee and the amount of any cancellation refunds. 3.6. Dealer’s failure to properly remit funds for any Protection Plan it sells constitutes a material breach of this Agreement.
GM Multi Point Dealer Agreement 2013
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