Authorized Horn of America Dealer Agreement
Authorized Horn of America Dealer Agreement

This Agreement is made between Horn of America, Inc., and (Entrant)
to establish Dealer as an authorized dealer for Horn of America products listed below.

1. Dealership and Products:

During the term of the Agreement, Horn of America, Inc. hereby appoints dealer the nontransferable right to display and sell the following Horn of America products for retail sale.

Sewing Furniture, Chairs, Scissors, Inserts, Airlift and other Horn of America accessories.

2. Obligations of Horn of America:

If dealer abides by all terms of the Agreement and is current on all payments, Horn of America will:
a. Supply dealer with product in the regular course of its business, consistent with its regular credit policies and pricing structure subject to availability of merchandise.
b. Make available to dealer materials to support the promotion of Horn of America products.

3. Obligations of Dealer:

Dealer agrees to:
a. Display Horn of America furniture as listed in paragraph 1 of this Agreement. If the
dealership consists of multiple store locations dealer must maintain the minimum display of products to commensurate with the requirements of the particular dealer status in all locations. (Any additional locations need to be approved by Horn of America, Inc. to allow proper billing and customer referral.)
b. Purchase the minimum required products to commensurate with the pricing status.
c. Use its best efforts to promote and sell Horn of America products.
d. That during the term of this Agreement dealer will have a limited, non-exclusive and nonassignable right to use the trademark of Horn of America, Inc. in its promotion and sale of the products at the dealership location.

4. Internet Policy:

Horn of America, Inc. maintains a presence on the web site and will provide product information. Authorized dealers may link to the Horn of America web site for product information. Authorized dealers may identify itself at its own site as an authorized Horn of America dealer. Furthermore, Dealer may use the Horn of America trademark, logo and graphics depicting Horn of America products. Horn of America will provide information only at its site in an effort to insure that product descriptions are current and consistent. Dealer agrees that it will not include any prices for Horn of America products at its site. Any deviation from this policy will jeopardize its status as an authorized Horn of America dealer.

5. Drop Ship Policy:

Horn of America will only drop ship products within the state of where the dealer is located. This enables the consumer to obtain local service of the products. (Additional residential delivery charges and damaged products accepted by the consumer and not noted on the delivery bill of lading will be the sole responsibility of the selling dealer. Please call Horn of America for price quotations for residential delivery fees.)

6. Term:

This Agreement is effective immediately and subject to the following:

a. If dealer becomes more than Sixty (60) days past due on any Horn of America invoice, then Horn of America may terminate this Agreement upon giving notice immediately and there upon this agreement shall become void, but without prejudice to the rights of either party to moneys due or to become due under this agreement. Notices hereunder shall use the addresses for the parties listed herein.

b. Upon the termination of this Agreement for any reason the dealer shall discontinue the use of the Horn of America trade names and shall remove all signs, displays and advertising related thereto.

c. This agreement may be terminated: (1) by either party on seven (7) days advance written notice to the other party; (2) immediately by Horn of America if authorized dealer commits a material breach or default of this Agreement; or (3) immediately by Horn of America if authorized dealer enters into liquidation or dissolution or becomes insolvent or if the dealer enters into any voluntary arrangement with its creditors.

7. Assignment:
This agreement may be assigned by Horn of America, Inc. This Agreement shall not be assigned by Dealer. Horn of America shall have the right to terminate this Agreement.

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