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MAP Policy

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Andersen Manufacturing MAP Policy

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 minimum advertised price (‘MAP’) policy. This MAP 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 MAP 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 MAP program. Andersen will not discuss any conditions of acceptance related to this MAP 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 MAP policy. Nothing in this MAP 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 MAP policy.

 

MAP applies only to minimum advertised prices and does not apply to (1) the price at which the products are actually sold, or (2) to advertised prices higher than the unilateral minimum resale prices established by Andersen from time to time.

 

Minimum Advertised Price

The current listing of products and applicable MAP prices are provided by your sales representative and are published on Andersen’s website (once you are logged in as a dealer). As a general rule-of-thumb, any item that is identified as part of the MAP program will feature a MAP price that is approximately 10% below MSRP. The products and MAP may be changed from time to time at Andersen’s sole discretion. Andersen dealers are responsible for remaining current with MAP policy, products and pricing.

 

Andersen products not specifically identified in this policy are not subject to the MAP policy.  Each advertisement below the MAP will be a violation of the policy.

 

The MAP policy applies to all advertisements of specific Andersen products in and all media 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.

 

Policy Violations

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

 

Violations of MAP policy shall be determined by Andersen in its sole discretion. Andersen will not accept any communication from a dealer who has violated this MAP policy regarding the violation or the willingness of the dealer to bring its prices into compliance with the MAP policy. ?In addition to the above, failure to adhere to the MAP 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 MAP 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 http://www.andersenhitches.com/catalog/map-policy.aspx

Unilateral Action

Andersen is not seeking agreement from any dealer to adhere to this MAP 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 Andersen MAP 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 48 hours (or 2 business days), 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 MAP 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 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 MAP POLICY.

 

All questions or comments regarding this MAP 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.