Weigh Safe, LLC. (hereafter referred to as ‘Weigh Safe’) has determined that the interests of its Authorized Dealers and its own interests are best served through the enforcement 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 Weigh Safe brand as a premium offering; and (3) avoid destructive Dealer competition.
This policy has been unilaterally adopted by Weigh Safe and will be uniformly enforced.
This MAP policy covers all Weigh Safe dealers located in the United States & Canada. Although dealers remain free to establish their own resale prices, Weigh Safe will, without assuming any liability, unilaterally impose sanctions as described in this policy against dealers who advertise applicable Weigh Safe products at prices below those specified by the MAP program. Weigh Safe 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. Weigh Safe 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 Weigh Safe shall constitute an agreement between Weigh Safe 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 Weigh Safe 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 Weigh Safe’s website. The products and MAP may be changed from time to time at Weigh Safe’s sole discretion. Weigh Safe dealers are responsible for remaining current with MAP policy, products and pricing.
Weigh Safe 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 Weigh Safe 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.
2 Strike Rule
The following are typical sanctions that may be imposed, however, sanctions are not limited to this list.
- Strike one will trigger direct communication from Weigh Safe informing the violator of the MAP violation. The violator will be required to resolve the violation within 24 hours of receiving communication from Weigh Safe or its designated affiliates.
- Strike two will trigger direct communication from Weigh Safe informing the violator of a repeat MAP violation. With this follows a submission to the marketplace to stop the accounts from selling Weigh Safe and the violator will be added to the distribution networks DO NOT SELL LIST. Weigh Safe will also discontinue selling directly to the violator until otherwise notified. The violator may only be removed from the DO NOT SELL LIST with written approval from Weigh Safe.
General Terms and Conditions
Violations of MAP policy shall be determined by Weigh Safe in its sole discretion. Weigh Safe Prohibits exporting products outside of the United States & Canada except as approved by Weigh Safe. Weigh Safe prohibits the sale of products on the Internet unless the seller has received an E-Commerce Authorization from Weigh Safe. Weigh Safe prohibits the resale to companies on the Weigh Safe DO NOT SELL LIST. Weigh Safe reserves all rights to remove any violator from the DO NOT SELL LIST as each violation may be handled individually and separate.
Weigh Safe trademarks and intellectual property may only be used by Weigh Safe Authorized Dealers as specified by Weigh Safe. Any advertisements utilizing Weigh Safe intellectual property must comply with the Weigh Safe General Terms and Conditions Policy. All Authorized dealers of any or all of Weigh Safe products are required to comply with this policy.
Weigh Safe 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 Weigh Safe website at Weigh-safe.com
Weigh Safe SALES REPRESENTATIVES HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY.
All questions or comments regarding this MAP policy are to be directed to the policy administrator at [email protected] 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.