To Whom It May Concern, Below you will find the MTD factory paperwork that must be completed by any dealership applying to become an MTD/Columbia dealership. Please complete the forms and return them to the address below. Before returning them, please be certain to sign the forms on page seven and to circle the level of dealer you would like to be (Platinum, Gold, or Silver) on the Warranty Services Agreement on page eight. LEPCO Attn: Kate Gerdes PO Box 466 Marietta, PA 17547 If it is easier for you, the information can be scanned and emailed to kgerdes@lepcoonline.com or can be faxed to 717-­‐426-­‐5204 – Attn: Kate. Please be in touch with your territory manager if you have any questions. Thank you, Kate Gerdes MTD Products, Inc Confidential
3/11/2010
Page 1
Rev. March, 2010
U.S. Columbia Distributor Program
Request for Dealer Approval and Set-up
Circle one:
New Dealer
Change Notice
Termination
Note: Please fill out a form for each location if they operate more than one retail store
Distributor Name:
Date Submitted:
Distributor Entity # :
Submitted by:
Dealership Legal Name:
Legal Address:
Phone:
Shipping Address:
Business Fax:
City, State, Zip:
Owner/Officer:
e-mail address:
Office Manager:
e-mail address:
(either enter their "S" number or note as " NEW ")
MTD Service number:
(If this is a new dealer for MTD service, proper documentation will also be required, including a W-9 form)
Federal ID # :
Shop Labor Rate:
Comments:
(if a termination, please note the reason)
Products Ordered:
Lawn & Garden Tractors
Zero-Turn Riders
(check all that apply)
Walk Behind Mowers
Snow Throwers
Tillers & Edgers
Chippers, Splitters, other
FAX (330-558-7713) or E-Mail This Form to Scott Schlueter x7721
for office use only:
Date Received by MTD:
Your contact in our office for any account set-up questions is Scott Schlueter
MTD Approval:
3/11/2010
W-9
Form
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
C Corporation
S Corporation
Partnership
Trust/estate
Individual/sole proprietor or
single-member LLC
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
the tax classification of the single-member owner.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
Other (see instructions) ▶
5 Address (number, street, and apt. or suite no.)
Requester’s name and address (optional)
6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
Part II
Social security number
–
–
or
Employer identification number
–
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign
Here
Signature of
U.S. person ▶
Date ▶
General Instructions
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted.
• Form 1099-C (canceled debt)
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of information
returns include, but are not limited to, the following:
If you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
• Form 1099-INT (interest earned or paid)
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
• Form 1099-K (merchant card and third party network transactions)
Cat. No. 10231X
Form W-9 (Rev. 12-2014)
,
,
MTD Consumer Group Inc
Warranty Services A.greement
,
New Service Center
Resigned Service Center
Change in ownership or profile
Change in Shop Labor Rate
Business Name:
Billing Information
Service Locator Infonnation
Address: _ _ _ _ _ _ _ _ _ _ _ _ __
Address:
Address (2):
Address (2):
City:
City:
State:
State:
Zip Code:
Zip Code:
•
Phone: _ _ _ _ _ _ _ _ _ _ _ _ __
Phone:
Email
.
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax:
Web Site
County: _ _ _ _ _ _ _ _ _ _ _ _ __
URL:
Owner's Name:
W-9 on file?
Taxpayer 10 or Social Security II -•
Contractor is a:
"
-
Corporali on
MTD Dealer #:
Partnershi p
MTD Entity #:
Limited Li ability Corp.
Sale Propr ierorship
Shop Labor Rate:
Contractor has been certified by the following OEM manufacturers as qualified to perform repair and maintenance
services on their respective products ("OEM Parts"). Certification Number for:
Briggs & Stranon:
Kohler: _ _ _ _ _ _ _ _ _ __
Tecumseh:
Hydro-Gear:
Honda:
D
Contractor is qualified to service electrical equipment:
DYes
No
Estimated number of walk-behind mower repairs completed within prior 12 months (all brands)
Estimated number ofride-on mower repairs completed within prior 12 months (all brands)
•
Warranty Services agreement by and between MTD Consumer Group Inc (MTD), an Ohio corporate headquartered at
5965 Grafton Road, Valley City, Ohio 44280-9711, and the person ("Contractor") who is identified above and
presently operates a facility for perfonnance of repair and maintenance of outdoor power equipment ("Service Center")
located at _ _ _ _ _ _ _ _ _ __ _ _ _ __ __ __ .
In consideration of the mutual provisions herein contained, MTD and Contractor agree as follows;
Page I of6
L....J
•
•
1.
Performance of Warranty Services
1.1
During the tenn of this Agreement, Contractor will perform at its Service Center and on behalf of MTD
replacement. maintenance and repair services as required by and pursuant to MTD's limited consumer warranty to the
original retail buyer ("Original Buyer") of an MTD Product for residential , non-commercial use ("Warranty Services")
after Contractor verifies the dale of sale shown on the identification tag of MTD Product and delennines that such
warranty is still in effect As used herein, "MTD Product" denotes a product made andlor distributed in the USA by
MTD or one of its domestic subsidiaries, but excludes any OEM Parts incorporated therein.
1.2
In pcrfonning Warranty Services, Contractor will use only pans designated andlor approved by MTD ("MTD
Parts"). For purposes of performing Warranty Services promptly and without delay, Contractor will maintain at the
Service Center an inventory of MTD Parts in such quantities to meet service and retail demand.
1.3
Contractor will not charge to or collect from any Original Buyer any fee or other payment for perfonnance of
any Warranty Services or any MTD Part or other part or material used in performing same, whether performed at the
Service Center or elsewhere. Contractor may charge an Original Buyer for any other service, part or material which is
unrelated to the Warranty Services provided by Contractor.
2.
Requirements For Performing Warranty Services
2. 1
Contractor must be certified or authorized at all times by the original equipment manufacturers ("OEM
manufacturers") listed above to perform repair and maintenance services in connection with their respective equipment
and OEM Parts.
2.2
Contractor will hire andlor train persons who are fully qualified to perfonn Warranty Services in connection
with MTD Products and maintenance and repair services in connection with OEM Parts.
3.
Purchase and Sale of MTD Parts
3, I
Subject to the conditions herein contained, MTD will sell to Contractor pursuant to MTD's standard sales
tenns as modified from time to time (or, at its ejection, will have an MTD distributor sell to Contractor) all MTD Parts
which Contractor may require to perform Warranty Services, Contractor agrees to the payment tenns, including
interest charges, set forth in the then applicable schedules published andlor established by MTD regarding the
acquisition of Contractor's MTD Parts inventory.
3,2
MTD may change its prices and other sales terms for MTD Parts at any time with or without notice to
Contractor. MTD may decline at any time, without any prior notice, to sell any MTD Parts to Contractor on a credit
basis.
4.
Compensation For Warranty Services
4, I
Contractor will provide to MTD a warranty service claim for Warranty Services that Contractor performs,
which shows the model and serial numbers of each MTD Product. the Warranty Services required to be performed, the
hours of services performed, the net purchase price paid for each MTD Part used and such other information as MTD
may reasonably designate by notice to Contraclor, Such claims must be filed in a form, in the manner and at Ihe place
specified by MTD.
4 ,2
As full compensation for Warranty Services, MTD will payor reimburse to Contractor (i) the cost of each
MTD Part used plus the applicable percentage thereof, and (ii) the shop labor used in the performance of Warranty
Services, as set forth, and subject to the limitations stated, in Exhibit] hereto or MTD's standard compensation
schedule as revised from time to time,
S.
Assurances By Service Center
5, I
Contractor warrants that it will maintain adequate service and repair facilities and hire andlor train persons
who are fully qualified to perform Warranty Services in connection with MTD Products, and it will perform all
Warranty Services in a workmanlike fashion and in accordance with established standards of quality and competence
among skilled servicemen in the area.
•
5,2
Contractor alone will be responsible for any claim and/or lawsuit which any th ird person may assert, based on
(i) an alleged injury to any person and/or damage to any property caused by Contractor, (ii) Contractor's alleged
negligence in performing Warranty Services andlor (iii) Contractor 's use of any part, e~cept an MTD Part, in the
perfonnance of any Warranty Services. Contractor agrees to indemnify and hold MTD hannless for and against all
liabilities, losses, costs and expenses, including reasonable attorneys fees, incurred by MTD, as a resuh of such claims.
6.
Page 2 of6
Term and Termination
••
•
•
6. 1
This Agreement will remain in effect from 2/ 1/07 until terminated as hereinafter provided.
6.2
MID and Contractor, respect ively, may terminate this Agreement (i) for any rcason, with or without cause,
effective thirty (30) days after giving the other party written notice of termination , andlor (ii) due 10 the other party's
default of this Agreement. effective immediately upon giving the other pany written notice of termination . Any of the
following will constitute an evenl of default under this Agreement:
I.
Contractor's violation or breach of any of Contractor's obligations hereunder or of any
lenn, condition, or provision of this Agreement or any amendment hereto;
2.
Contractor's failure to perform or pay when due any indebtedness or responsibility
established in this Agreement, including any indebtedness incurred to acquire MTD
Parts;
Any warranty. representation or statement made or furnished by Contractor to MTD that
proves to have been false in any material respect when made or furnished or which
becomes untrue as a result of later events;
Contractor's death, dissolution, insolvency or business failure;
The appointment of a receiver of all or any part of the property of Contractor or an
assignment for the benefit of creditors by Contractor; or
Any substantial change in Contractor's financial condition or means or ability to pay
deemed by MTD to be adverse to its relationship with Contractor.
, 3.
4.
5.
6.
6.3
Prompdy upon tennination of this Agreement, Contractor will remove and relum 10 MTD, at MTO's
expense, all documents and materials which MTD has provided to Conlractor without charge. and promptly will cease
to display or use "MID" andlor any trademark of MTD at the Service Cenler. Nothing herein will require MTD to
purchase from Contractor any MTD Part or other pan upon termination hereof or limit Contractor's right to sell same.
7.
Other Terms and Coodltiuns
7.1
Each party is acting in its own interests and as an independent contractor in connection with this Agreement.
MTD does not hereby confer to Contractor any authority to serve as MTD's agent and Contractor will not represent to
any person that it has authority to act as MTD's agent.
7.2
Nothing herein will be deemed to confer to Contractor any license or right to use any trademark of MTD,
except posting and display oflhe sign and promotion materials provided by MTD.
MTD will have no liability to Contractor for any delay in deli~ery of any MTD Part or other part, any loss of
7.3
business profits, or any consequential, incidental or punitive damages, however caused, whether due 10 MTD ' s
negligence or breach of any so-called "strict liability" or statutory duty.
-
,
7.4
Nothing in this Agreement shall convey to Contractor an exclusive territory or an exclusive right to operate
within a given territory with regard to MTD Pans and Warranty Services. Nothing herein will be deemed to limit
MTO's right to (i) enter into an agreement with one or more other persons in the same service area to perform warranty
or maintenance services, including Warranty Services, in connection with any MTD Products or (ii) to sell any
products or parts to any other person in the same service area.
7.5
Contractor shall pay MTD all costs and expenses, including attorneys' fees, incurred by MTD in the exercise
of any of its rights or remedies hereunder or in the enforcement of any of the tenns of this Agreement. Any dispute
involving the interpretation or application of this Agreement will be settled by nonbinding arbitration administered by
the American Arbitration Association (UAAA") pursuant to its Commercial Dispute Resolution Procedures and Rules.
The arbitration hearing will be conducted in the greater Cleveland, Ohio, metropolitan area and by a single arbitrator.
Both parties will have the rights of discovery under the Ohio Rules of Civil Procedure and the Ohio Arbitration Act.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
•
7.6 '
This Agreement includes Exhibit I and the other documents mentioned herein, contains the entire agreement
between the parties, and as of the effective date of Ihis Agreement supersedes any understanding, commitment and
representation which relates to the same subject mailer and is not expressly set forth herein. In entering into this
Agreement, Contractor is not relying on any representation or commitment which was made by MTD or its agent and is
not expressly contained herein.
Page 3 of6
,
•
•
7.7
This Agreement will be interpreted in accordance with, and the respective rights and obligations of the parties
will be governed by. the laws arOhia but without regard to the confl ict of law rules under Ohio law.
7.8
MTD shall have the right to off-SCI and apply any and all payments, cred its or properties of Contractor in the
possession or control of MTD against any and all indebtedness owed by Contractor to MTD.
7.9
An of the rights or responsibilities ofMTD under this Agreement, either in whole or in part, may be assigned
or transferred at any time. Contractor may not assign any of its rights or responsibilities under this Agreement without
the express written consent of MTD.
7.10
The MID's failure to enforce at any time or for any period of time any of the provisions of this Agreement
shall not be construed as a waiver of any provision nor a waiver of MTD's right to thereafter enforce each and every
provision of this Agreement. The waiver of any default or failure to exercise any of the foregoing rights shall not be
declhuJ to be a waiver of any subsequent default nor a waiver of MID's right 10 exercise any right herein granted.
In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions hereof,
shall nol be affected thereby and effect shall be given to the intent manifested by the remaining provisions, or portions
hereof, which are held 10 be enforceable and valid.
7.11
7. J2
All of the provisions of this Agreement shall be read as being applicable to the whole Agreement; no term or
provision herein shall be limited in scope in any manner whatsoever.
Servicc of all notices under this Agreement shall be complete when delivered to the other party at its
rcspective address set forth above, or at such address as is otherwise provided in writing. In the event service of notice
is undenaken by certified maH, notice shall be deemed complete and effective on the date said certified mail is
delivered to the United States postal service for
7.13
7.14
Facsimile signatures shall be
Agreement.
_(a,..______________'(COnlraCIOr)
as original signatures for all purposes under th is
MTD Consumer Group lnc
Dealership Name
K
Name_~~----------------------------­
Date K.
By
By_________________________
Owners Signature
Name
Owners Name (Printed)
LAWN EQUIPMENT PARTS COMPANY
03Ie _ _ _ _ _ _ _ _ _ _ _ _ __
•
Fad
'
mtnlslraUve
use only:
I
or
Target Code:
EETC Electrical
Certificalion #
EETe
Certification #
EETC
Certification #
OEM. S.L.R. & EETC validaled by (signalure):
Date:
Central
Distributor:
Cenlral
Representative:
-
Page 4 of6
•
,
,
Exhibit 1
Warranty Services Agreement
Platinum, Gold and Silver Contractors
This Exhibit I is part of the Warranty Services Agreement (" Agreement") between MTD Consumer Group Inc and
Contractor and supplements (I) the duties of Contractor and (2) the support services and fac ilities provided by MTD
under the Agreement, both of which are based on the applicable contractor classification as shown below.
J.
Additional Contractor Obligations
Gold
Briggs & Stratton
Required
Honda
Required
Requ ired
Required
Required
Hydro.gear
Kohler
Tecumseh
•
EETC Cenified
Three
Required
Required
Required
Required
Required
Silver
An y I of the 4
Engine OEMs
Suggested
certificates per
dealership
(one must be
electrical)
1.3
Service
Volume of warranty repairs
oclaims within
At least 50
claims per year
1 claim within past
24 months
past 24 months
Very High
High
High
Annually
Once per 3 years
Required
Required
Required
Required
Gas Powered Wheeled Equipment
Gas Powered Handheld
Electrical Powered
Required
Required
Required
Required
(I)
(I )
service OR pick-up/delivery capable
Required
(I)
Service mass retail stores
Required
When requested
Quality
Customer Satisfaction
Development
MTD sponsored training program or pass
MID certification exam
Access to MTD Electronic Parts catalog
At~home
1.10
MID reserves
Page 5 of6
right to issue to Contractor from time to time bulletins,
and
Required
Required
I
.
'
.
2.
2. I
Additional Suppon Services and Facilities
Cost + 30%
Shop Rate
20% of I hour per
Cost + 20%
Shop Rate
claim
Cost + 25%
Shop Rate
20% of 1 hour per
claim
Highest
Standard
Not listed
Central Distributor
Central Distributor
Central Distributor
MTD dealer site
MTD dealer site
MTD dealer site
Standard
Standard
Standard
Technical Support
Phone
Web
2.4
Silver
Customer Referrals (phone & web)
Priority
2.3
Gold
Compensation for Warranty Services
Parts
Labor
Administration Allowance
(paid only on electronic claims)
2.2
Plat inum
Service Parts Purchases
Dealer Discount
•
Page 60f6
•