Dealer Policy

Eunorau America Dealer Agreement

This Agreement ("Agreement") is made and entered into as of [Date] by and between Eunorau E-Mobility Australia Corp ("Eunorau") with a registered address at L 13 443-451KENT ST SYDNEY NSW 2000, and [Dealership Name] ("Dealer") with a registered address at [Dealer Address].

 

WHEREAS, Eunorau is a distributor of Eunorau-branded electric bicycles ("E-Bikes") in Australia; and

 

WHEREAS, Dealer desires to purchase E-Bikes from Eunorau for resale in Sydney, Australia;

 

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:

 

  1. Appointment of Dealer

 

Eunorau hereby appoints Dealer as a non-exclusive dealer for the sale of E-Bikes in the territory of Sydney, Australia.

 

  1. Orders and Payment

 

Dealer shall submit orders for E-Bikes through the Eunora Australia Dealer website at audealer.eunorau-ebike.com. Orders shall be deemed accepted by Eunorau upon written confirmation to Dealer.

 

Minimum Order Quantity (MOQ): The minimum order quantity for E-Bikes is one (1) unit per order.

 

Pre-Orders:

 

  • Eunorau reserves the right to offer pre-orders for E-Bikes that are currently out of stock but expected to arrive at the local warehouse within an estimated timeframe, e.g., 4-6 weeks.

 

  • Pre-orders may be subject to specific terms and conditions, including:
  • Payment Plans:Eunorau may offer optional installment plans for pre-orders, with details outlined on the product pre-order page and subject to Eunorau's approval.

 

  • Discounts:Depending on the product and timing, Eunorau may offer special discounts for pre-orders.

 

  • Delivery Dates:Pre-order delivery dates are estimates and may be subject to change due to unforeseen circumstances. Eunorau will keep Dealers informed of any updates or changes.

 

Payment:

 

  • For in-stock orders, payment shall be due in full at the time of order placement.

 

  • Pre-order payment terms will be specified on the respective pre-order product page and may differ from the standard terms.

 

  1. Shipping and Returns

 

Eunorau shall ship E-Bikes to Dealer in accordance with Eunorau's standard shipping practices. The latest shipping policy is available on the Eunorau Australia Dealer website. Dealer shall be responsible for all shipping charges.

 

Dealer's ability to return E-Bikes to Eunorau shall be governed by the return policy outlined on the Eunorau Australia Dealer website. Dealer shall be responsible for all return shipping charges.

 

  1. Warranty

 

E-Bikes purchased by Dealer shall carry the standard Eunorau warranty, the details of which are available on the Eunorau Australia Dealer website. Dealer shall be responsible for processing customer warranty claims in accordance with Eunorau's warranty policy.

 

Customer Registration: Dealer acknowledges the importance of customer registration for warranty purposes. Dealer shall assist and encourage all customers to register their E-Bikes on the Eunorau Australia website immediately upon purchase. Dealer further understands that failure to register an E-Bike may void the manufacturer's warranty for that specific E-Bike.

 

  1. Pricing and Minimum Advertised Price (MAP)

 

Dealer agrees to sell E-Bikes at the Manufacturer's Suggested Retail Price (MSRP) as listed on the Eunorau Australia Dealer website, unless permitted exceptions apply. These exceptions include:

 

  • National Holidays and Discount Events:During designated national holidays and officially promoted discount events, Dealer may adjust E-Bike prices in accordance with the published Minimum Advertised Price (MAP) for each specific model.

 

  • Promotional Offers:With prior written approval from Eunorau, Dealer may offer limited-time promotional discounts on specific E-Bike models, provided such discounts adhere to the published MAP for the relevant period.

 

Please note that any deviation from the standard MSRP pricing outside of the permitted exceptions outlined above may result in corrective action by Eunorau, potentially including, but not limited to, suspension of dealership privileges.

 

  1. Dealer Pricing Compliance:

 

  • Eunorau will monitor Dealer's adherence to the agreed-upon pricing structure. If Dealer is found in violation of the pricing guidelines outlined above, Eunorau will notify Dealer by electronic mail of the specific infraction.

 

  • Dealer shall have three (3) business days from the date of the written notification to take corrective action and bring their pricing practices into compliance with the Agreement.

 

  • Failure to take corrective action within the specified timeframe:
  • may result in Eunorau withholding further product shipments to Dealer until the pricing issue is resolved.

 

  • may be considered a material breach of this Agreement, potentially leading to termination at Eunorau's sole discretion.

 

  1. Marketing and Advertising

 

Dealer shall use commercially reasonable efforts to promote and sell E-Bikes within the territory. Dealer shall comply with all applicable laws and regulations relating to marketing and advertising. Dealer shall not make any false or misleading statements about Eunorau or its products.

 

For online resell, Dealer need to provide each domain they use to resell E-bikes, if Eunorau permits, then Dealer can use the domain for reselling Eunorau E-bikes.

 

  1. Term and Termination

 

This Agreement shall commence on the Effective Date and shall continue for a period of one (1) year, unless earlier terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days' written notice to the other party. This Agreement may also be terminated immediately by either party upon the other party's material breach of any of its obligations hereunder.

 

  1. Dispute Resolution

 

Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the rules of the American Chamber of Commerce and Industry. The arbitration shall be conducted in English and shall be held in Sydney, Australia. The decision of the arbitrator shall be final and binding on the parties.

 

  1.  Entire Agreement

 

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

 

  1. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

 

  1. Notices

 

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered via electronic mail (email) addressed as follows:

 

If to Eunorau:

[Eunorau Email Address]

 

If to Dealer:

[Dealer Email Address]

 

  1. Severability

 

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

  1. Term and Termination:

 

  • This Agreement shall commence on January 1st, 2024 and shall continue for a period of one (1) year.

 

  • Renewal:Following the initial one-year term, Dealer may apply for a renewal of this Agreement 90 days prior to its expiration. Eunorau will consider such renewal application at its sole discretion, taking into account factors such as Dealer's payment history, sales performance, and compliance with this Agreement's terms.

 

  • This Agreement may also be terminated immediately by either party upon the other party's material breach of any of its obligations hereunder.

 

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

 

Eunorau E-Mobility Australia Corp.

By: [Name]

Title: [Title]

[Dealership Name]

By: [Name]

Title: [Title]