Welcome to Guo Machinery, your trusted source for advanced and reliable machinery. Explore our innovative wheel loaders, utility trikes and forklift are designed to enhance the productivity of farmers, construction workers, and recycling operators.

Independent Brand Partner Agreement

This Agreement (“Agreement”) is entered into between Guo Machinery and you (“Dealer,” “Partner,” or “Independent Distribution Partner”). It governs your participation in our Dealer & Distribution Program (“Program”) as described below.

1. Definitions

To access certain features, request a quotation, or make a purchase, you agree to:

2. Acceptance & Eligibility

By applying to become a Guo Machinery Dealer, you agree to this Agreement and confirm you do not hold multiple accounts under different identities. You agree to promptly notify us of any changes to your business details (legal entity, ABN, address, or contact).

You may withdraw from the Program without penalty within 14 calendar days of acceptance by providing written notice.

3. Independent Relationship

You act as an independent contractor — not an employee, agent, or legal representative of Guo Machinery. You may not make commitments on behalf of the Company. You are solely responsible for your own costs, taxes, insurance, staffing, and business operations.

4. Non-Solicitation & Competition

You may represent other non-competing machinery or equipment brands, provided this does not directly conflict with your obligations to Guo Machinery. You agree not to solicit other Guo Machinery dealers to join competing distribution programs.

5. Term & Termination

Initial Term: 12 months from acceptance, automatically renewing each year unless either party provides written notice of non-renewal.

Termination Rights: Either party may terminate this Agreement at any time with written notice. Upon termination, all rights to use our trademarks, materials, and dealer account immediately cease.

Dormancy Rule: If no sales or referrals occur for 12 consecutive months, your account may be deactivated. Re-enrollment will require re-application.

6. Compensation

You will earn commissions or dealer margins on Completed Transactions, subject to deductions for refunds, chargebacks, or discounts.

Payments are made monthly in AUD (or local currency where agreed), through approved payout methods. Any fees are your responsibility.

Commission payments may be withheld until all compliance, tax, or KYC requirements are met.

7. Intellectual Property

You may use the Guo Machinery brand name, trademarks, logos, and approved promotional materials only as authorized. All intellectual property remains the property of Guo Machinery. Misuse must cease immediately upon termination.

8. Conduct & Use of Platform

You agree to operate in compliance with applicable trade regulations, and our Dealer Program policies. Misuse of our systems, fraudulent activities, or unethical conduct may result in immediate termination and forfeiture of commissions.

9. Limitation of Liability

To the maximum extent permitted by law:

10. Indemnity

You agree to indemnify and hold harmless Guo Machinery, its employees, and directors from any claims, damages, or liabilities arising from your breach of this Agreement, misconduct, or misuse of the Program.

11. Customer Orders & Fulfilment

Guo Machinery retains full control over order processing, shipping, and fulfillment unless otherwise agreed in writing. All customer information and data collected belongs exclusively to the Company.

12. Fraudulent Activity

You must not engage in activities that misrepresent or inflate sales, including fake orders or unauthorized discounting. Fraudulent behavior may result in:

13. Compliance & Marketing

You must comply with advertising, consumer law, and fair trading regulations in Malaysia and any region you operate. You are responsible for ensuring your promotional materials are accurate, lawful, and do not mislead customers.

14. Dispute Resolution & Governing Law

This Agreement is governed by the laws of Australia. Any disputes shall be resolved exclusively in the courts of Australia.

15. Force Majeure

Guo Machinery is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, supply chain disruptions, or government restrictions.

16. Entire Agreement & Amendments

This Agreement, along with any attached Dealer Compensation Plan, constitutes the full agreement between you and Guo Machinery. We may update these terms by providing written or electronic notice. Continued participation constitutes acceptance of such changes.

Acknowledgment

By applying to and participating in the Guo Machinery Dealer & Distribution Program, you confirm that you have read, understood, and agree to be bound by these Terms.