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MAP Policy

 

Andersen Manufacturing Unilateral Pricing Policy for Minimum Advertised Pricing  (May 2018)

Andersen Manufacturing, Inc. (hereafter referred to as ‘Andersen’) has determined that the interests of its Authorized Dealers and its own interests are best served through the adoption of a Unilateral Pricing Policy for Minimum Advertised Pricing (hereafter referred to as ‘Policy’). This Policy is designed to (1) protect dealer margins so that desirable pre-sales and post-sales services can be provided by our Dealer network (2) support the Andersen brand as a premium offering; and (3) avoid destructive Dealer competition.

This policy has been unilaterally adopted by Andersen and will be uniformly enforced.

 

Policy Coverage

This Policy covers all Andersen dealers located in the United States. Although dealers remain free to establish their own resale prices, Andersen will, without assuming any liability, unilaterally impose sanctions as described in this Policy against dealers who advertise applicable Andersen products at prices below those specified by the Policy program. Andersen will not discuss any conditions of acceptance related to this Policy, as it is non-negotiable, and will not be altered for any dealer. Andersen neither solicits, nor will it accept, any assurance of compliance with this Policy. Nothing in this Policy or in any other contract or agreement with Andersen shall constitute an agreement between Andersen and dealer that the dealer will comply with this Policy.

The Policy applies to all off-site advertising of specific Andersen products, no matter what form including, but without limitation to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.

Since the Policy applies only to advertised prices, it does NOT apply to:

(1) The price at which the products are actually sold.

(2) Any advertised prices higher than the unilateral minimum resale prices established by

Andersen from time to time.

(3) “Call for Pricing” or “Add to Cart to See Price” methods.

 

Unilateral Pricing

The current listing of products and applicable Policy prices are provided by your sales representative and are also published on Andersen’s website (once you are logged in as a dealer). The products and Policy may be changed from time to time at Andersen’s sole discretion. Andersen dealers are responsible for remaining current with Policy products and pricing.

Andersen products not specifically identified as part of the Policy program are not subject to this policy. Each advertisement below the Policy will be a violation of the policy.

 

Policy Violations

In the event a dealer chooses not to follow Andersen’s Policy, sanctions will be unilaterally imposed by Andersen.

Violations of Policy shall be determined by Andersen in its sole discretion. Andersen will not accept any communication from a dealer who has violated this Policy regarding the violation or the willingness of the dealer to bring its prices into compliance with the Policy. In addition to the above, failure to adhere to the Policy will be a factor taken into consideration in the determination of the dealer’s eligibility to participate in Andersen’s ‘Authorized Dealer’ program.

 

Policy Modifications

Andersen reserves the right at any time to modify, suspend, or discontinue the Policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. Policy modifications shall be made available on the Andersen website at www.andersenhitches.com/map-policy.aspx (this page).

 

Unilateral Action

Andersen is not seeking agreement from any dealer to adhere to this Policy. It is entirely within the discretion of the dealer whether to comply or not comply. However, in the event a dealer chooses not to follow the Policy, sanctions will be unilaterally imposed by Andersen.

 

Sanctions

The following are typical sanctions that may be imposed, however, sanctions are not limited to this list.

Removal of status as Authorized Andersen Dealer and removal from our list of Authorized Dealers on our website.

10% increase in Dealer pricing structure (becomes standard Dealer, not Authorized Dealer). If Dealer is not compliant within a requested amount of time (specified in the original request), an additional 10% will be imposed for a total increase of 20%.

Non-priority service: Orders will be processed after all other priority orders are taken care of, possibly pushing the shipping times of orders back a few days or more during busy periods.

 

Multiple violations

If a Dealer receives a first warning of non-compliance, makes appropriate changes to return to being compliant, but then violates Policy Policies again, there will be an automatic sanction of 10% increase in Dealer pricing for subsequent purchases totaling up to $5000 or a period of 120 days. Further violations or failure to become compliant may incur sanctions up to 20% within the parameters above, or termination of the relationship between Dealer and Andersen, or other sanctions not limited to the list above.

 

Contact Information.

ANDERSEN SALES REPRESENTATIVES HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY DEALER REGARDING VIOLATIONS OF THIS POLICY.

 

All questions or comments regarding this Policy are to be directed to the policy administrator at MAP@anderseninc.com. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to dealers regarding the policy and receiving any communication regarding sanctions imposed under this policy.

 

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  Unilateral Pricing Policy for Minimum Advertised Pricing -downloadable file (click icon to view, right-click icon and choose "Download Linked File As..." to download)

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