Andersen Manufacturing Resale Policy for Third Party Online Selling (August 27, 2019)
This policy contains the terms and conditions that apply to an individual’s or an entity’s participation in reselling product by Andersen Manufacturing, Inc. or Andersen Hitches (hereafter referred to as ‘Andersen’) through Amazon, eBay or other third party online selling platforms (reselling websites).
Andersen hereby appoints Authorized Andersen Dealers, and the dealer accepts such appointment, to resell the products only to retail customers. Sale of products to other Dealers or distributors (including Sales directly to Amazon, eBay, etc.) is strictly prohibited. However, sale of products through dealer owned websites (ex: www.dealername.com) are permitted as long as they comply with the provisions of the Authorized Dealer Agreement (Refer to your Andersen Sales Representative). Dealer will only sell the products from physical store outlets or from Internet websites approved by Andersen that are directed towards consumers and comply with the provisions of the Authorized Dealer Agreement. This policy will take affect September 30, 2019. Any Andersen product purchased after this date may not be sold on third party platforms. (Amazon, eBay, etc.). However, Andersen product purchased on or before September 30, 2019 may be sold until December 31, 2019.
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.
Since the policy applies to advertised prices on dealer owned websites, it does NOT apply to:
- The price at which the products are actually sold.
- Any advertised prices higher than the unilateral minimum resale prices established by Andersen from time to time
- “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 this 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.
Each advertisement below the MAP policy will be a violation of the policy.You can view the current MAP policy here.
You can view the current dealer pricing, including MAP pricing within this policy.
Policy Violations
In the event a dealer chooses not to follow Andersen’s policy, sanctions will be unilaterally imposed by Andersen.
Violations of this 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 this 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.
Sanctions
The following are typical sanctions that may be imposed, however, sanctions are not limited to this list.
Removal of status as an 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 the 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 policies again, there will be an automatic sanction of a 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.
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 E-COMMERCE POLICY.
All questions or comments regarding this Third Party Online Selling Policy or 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.
