Andersen Manufacturing, Inc. or Andersen Hitches (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 ‘MAP Policy’). The 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.
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.
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.
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.
In the event a dealer chooses not to follow Andersen’s policy, sanctions will be unilaterally imposed by Andersen.
Violations of the MAP 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.
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.
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.
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 an Authorized Andersen 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.
If a dealer receives a first warning of non-compliance, makes appropriate changes to return to being compliant, but then violates the policy again, there will be an automatic sanction of 10% increase in dealer pricing for subsequent purchases totaling up to $5,000 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.
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 the 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.