Distributor Agreement


The following terms comprise an agreement between (DISTRIBUTOR), whose primary address is (wherein referred to as “DISTRIBUTOR”) and Panther Industries, Inc., 8990 Barrons Blvd., Highlands Ranch, Colorado, 80129, USA (wherein referred to as "Panther Industries"). The DISTRIBUTOR will sell Panther products to customers and prospects. Panther Industries will provide DISTRIBUTOR a discount towards the purchase of Panther Industries hardware items in any/all configurations.

1.00 DISCOUNT LEVELS

Level One Distributor - Discount Level 20%
DISTRIBUTOR will purchase and retain a labeling system for demonstration purposes. DISTRIBUTOR to have at least one factory-trained technician to install, maintain, and repair Panther Industries products employed at all times. DISTRIBUTOR will actively market Panther Industries products exclusively. DISTRIBUTOR will not market nor sell any other competing product. Panther Industries will provide leads when available at the discretion of the Regional Sales Manager. Level ONE DISTRIBUTOR agree to purchase at least $150,000 a year in equipment and parts.

Level Two Distributor - Discount Level 15%
DISTRIBUTOR will purchase and retain a labeling system for demonstration purposes or have a viable reference site. DISTRIBUTOR to have at least one factory trained technician to install, maintain, and repair Panther Industries products. DISTRIBUTOR will actively market Panther Industries products exclusively. Panther Industries will provide leads when available at the discretion of the Regional Sales Manager. Level TWO DISTRIBUTOR agree to purchase at least $75,000 in equipment and parts from Panther Industries.

Level Three Partner - Finders Fee 10%
Project by project basis. DISTRIBUTOR does not need to purchase equipment, receive training or actively promote Panther Industries products. Stays involved with projects as the need arises.

2.00 PROMOTION
It is expected that the DISTRIBUTOR will promote the Panther Industries  products by utilizing such methods as regional trade shows and seminars, direct mail campaigns and trade publication advertising. Whenever possible, Panther Industries will provide quarterly training, assistance on exceptional orders and training at sales meetings.

Panther Industries will also supply, on a limited basis, sales brochures, videos and other promotional materials to the DISTRIBUTOR. In some instances, other materials, such as photography and trade show graphics, may be available for use by the DISTRIBUTOR. When possible, support from Panther Industries will be provided at DISTRIBUTOR promotional events.

3.00 PARTS AND SERVICE
It is the responsibility of DISTRIBUTOR to employ at least one Panther Industries trained and certified service technician. Panther Industries will provide training at a nominal charge. All Panther Industries stated warranties are applicable. Parts are discounted 15% for all DISTRIBUTOR levels. There is no discount for Panther Industries service costs, such as labor.

4.00 ACCOUNT PROTECTION
Whenever possible, Panther Industries will provide account protection to DISTRIBUTOR from our direct sales group.

5.00 RETENTION OF DISCOUNT LEVEL
Discounts are granted based on a total of all Hardware Products purchased on an annual basis. Purchase figures are reviewed regularly.

6.00 PURCHASE TERMS
All prices expressed in US currency and FOB Littleton, CO, USA. Said prices are subject to change without notice. Quotes provided will be honored for 30 days or as noted on quotation. Payment terms are 30 days from ship date unless arrangements are made PRIOR TO SHIPMENT of equipment. Panther Industries “Terms Of Sale” applies to all orders.

7.00 RENEWAL
This agreement will automatically renew on January 10th of each year. This agreement may be retired only upon written request of either party. The above terms and the signed non-disclosure comprise the business agreement. Any amendment to this agreement must be made formally and in writing and signed by both parties.

Panther reserves the right to modify or improve any of the Products at any time and to discontinue any of the Products on ninety (90) days' written notice to DISTRIBUTOR. 

8.00 ADDITIONAL AGREEMENT TERMS
DISTRIBUTOR shall be responsible, at its own expense, for determining in each instance whether its customer's requirements and applications will be served by Panther products. DISTRIBUTOR shall make no representations or warranties regarding the capabilities, performance or compatibilities of the products beyond or inconsistent with those stated in Panther Industries’ printed brochures and data sheets. DISTRIBUTOR shall not make any modifications to the Products other than those authorized by Panther Industries.

Panther Industries will provide to DISTRIBUTOR servicing suggestions, schematics, drawings, troubleshooting guides, and other service information, consistent with the service plan for each all products. This information is to be released only under the guidelines of the Non-Disclosure agreement.

Panther Industries grants DISTRIBUTOR the right to permanently mark the equipment with its own name and contact information while keeping the manufacturer name of the product intact.

The list price for all Products shall be determined by Panther Industries. DISTRIBUTOR is free to determine its own resale prices for Products. Panther Industries will provide DISTRIBUTOR thirty (30) days written notice regarding price increases or changes in the standard pricing of Panther products.

DISTRIBUTOR shall pay Panther Industries within thirty (30) days from the invoice date, unless otherwise agreed in writing by Panther Industries. In the event of late payments, DISTRIBUTOR terms will be reduced to C.O.D. (Cash On Delivery) on all subsequent orders of equipment, parts, and service until payment is made on all outstanding payments. The standard credit terms will be re-instated at Panther Industries’ discretion. Invoices not paid when due may be subject to a late charge of at least eighteen percent (18%) per annum or the maximum interest rate allowed by law.

Cancellation of purchase orders will be subject to the following:

  1. Non-Recurring Engineering (NRE) costs that may or may not have been quoted to the DISTRIBUTOR prior to receipt of the Purchase Order from the DISTRIBUTOR. This to include custom machined components that cannot be returned for credit.
  2. Restocking Fee for parts, printers, or other items purchased for the order that is placed by the DISTRIBUTOR.
  3. Shipping Costs

Panther Industries, Inc. reserves the right to invoke said charges on all cancelled Purchase Orders at its discretion.

In the event DISTRIBUTOR is entitled to a credit from Panther Industries which exceeds DISTRIBUTOR obligation to Panther Industries at the time, Panther Industries will pay the amount of such excess to DISTRIBUTOR or issue a credit memo, at Panther Industries’ option, within thirty (30) days.

9.00 Panther Industries, Inc. Standard Warranty
Panther Industries warrants that the system(s) provided, as manufactured by Panther Industries, is in good working order and free from defects in materials and workmanship. The warranty period is one (1) year from the invoice date or ship date, provided the installation is performed by a representative from Panther Industries oran authorized distributor.

Modification of the system, improper use or abuse, or improper maintenance of the system will void this warranty. Acts of God (e.g., lightning, flood, etc.) are not covered by this warranty. If warranty repair is needed on the system, the defective part can be returned to Panther Industries for exchange only. The defective item must be shipped to Panther Industries with the freight prepaid. The replacement component will be provided in new condition to the customer with the freight prepaid by Panther Industries. Outbound freight is limited to standard ground via common carrier.

This warranty does not include onsite repair. Onsite repair, as deemed necessary by agreement between Panther Industries and the customer, will be provided to the customer at a daily discounted rate, plus travel and expenses. Warranty service and evaluation is only provided at our facility and does not include any onsite service. Onsite service will be performed at the sole discretion of Panther Industries.

Panther Industries will troubleshoot and repair only those warranted systems which are returned to the Panther Industries facility. The systems, when shipped to Panther Industries, must be packaged in such a way to prevent damage and abuse that can occur during shipment. The system must be shipped with insurance covering the complete value of the system or components. Panther Industries will not be held liable for damages incurred during shipment. All damage that is repaired will be billed to the customer at the standard rate (please contact
the Panther Service Department for current standard rate).

Panther Industries makes no warranties for customer downtime, or time for integration of the system at the customer location. Nor does this warranty cover serviceability of system(s) and/or suitability of our products for a particular application as manufactured. The warranty covers only those items manufactured by Panther Industries against manufacturer’s defects. Systems repaired at the Panther Industries facility that are no longer covered by this warranty will be repaired at our standard hourly rate, plus the cost of parts.

Lifetime telephone support is provided to the customer at no additional charge. Contact the Panther Industries Service Department at 800-530-6018, x120.

Warranties for the print engine(s) (printers), scanner(s), or other components or software supplied with your system(s), but not manufactured Panther Industries, are separate from, and not included, under this warranty.

Warranty coverage and terms provided by others are set by the individual manufacturers of any additional components.

Extended warranties and service plans are available for purchase by contacting your Panther Industries account representative.

NOTE:  Service rates subject to change without notice.

10.00 Panther Industries Non-Disclosure Agreement

The non-disclosure document is a separate document. This reseller agreement is not valid unless a Panther Industries Non-Disclosure Agreement is also signed and on file.

 

Please Indicate Distributor Plan Desired:  (Final approval of this agreement to be made by an officer of Panther Industries) 

 

This is a binding contract. By signing this agreement, you agree to all the terms outlined in this document in its entirety.

 

On Behalf of DISTRIBUTOR:

Title of Individual signing Agreement:  

Date of Signature:

 

Leave this empty:

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Document name: Distributor Agreement
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July 6, 2020 10:36 am MDTDistributor Agreement Uploaded by Panther Industries - management@print-n-apply.com IP 50.243.144.137
July 6, 2020 10:37 am MDT Document owner marketing@print-n-apply.com has handed over this document to management@print-n-apply.com 2020-07-06 10:37:10 - 50.243.144.137