Minimum Advertised Price Policy
As one of the leading manufacturers of pediatric mobility products, Convaid is proud of its role to be at the forefront of lightweight, compact folding and convenient products. We recognize that our high-quality dealers invest time and resources to deliver an extraordinary customer experience. To support our dealer’s efforts, Convaid wishes to establish policies that allow dealers to earn the profits necessary to maintain the high level of customer support people come to expect from Convaid dealers. To protect the investment of our high-quality dealers and Convaid’s brand reputation, we have unilaterally adopted a Minimum Advertised Price Policy (MAP policy).
Convaid in its unilateral discretion will not do business with any dealer, if that dealer intentionally advertises any product below its MAP price. Convaid is confident that this program will strengthen its competitiveness and benefit all of its dealers.
A dealer who desires to sell Convaid products via the internet and/or printed catalog and marketed under the brand name Convaid, is subject to the following policies and guidelines:
- Convaid reserves the right, in its unilateral discretion, to take other action with respect to any dealer that violates this MAP policy.
- The MAP policy will be enforced by Convaid in its sole discretion.
- Convaid recognizes that any authorized Convaid account can make its own decision to advertise and sell any Convaid product at any price it chooses without consulting or advising Convaid. Convaid similarly has the right to make its own independent decision regarding product allocations and dealer participation.
- Convaid will provide the dealer current MSRP order forms that are in effect. To assure integrity of our product line, fair pricing and an orderly marketplace, dealer will not advertise any Convaid products at a price lower than 10% below Convaid MSRP, applicable to all published, advertised or publicly posted prices, regardless of the manner communicated and irrespective of the format or medium of communication, whether it be by electronic mail, postcard, flyer, catalog, magazine, trade journal, newspaper insert, website, webpage, facsimile, or mailings. Listing a price other than MAP retail price next to Convaid’s products in any advertising will be viewed as a violation of this MAP policy. All prices published must be kept up-to-date and published online within 30 days of any MSRP price addendums issued by Convaid. For print catalogs, the dealer must inform customers of changes in writing and changes must be incurred in the next print run.
- It shall not be a violation of this MAP policy to advertise in general that the dealer has “the lowest price” or “will match or beat its competitor’s prices”, or to use similar phrases: so long as the dealer does not include any advertised price below MAP and otherwise complies with the MAP policy.
- It shall not be a violation of this MAP policy to advertise that a customer may “call for price” or “email for price”, or to use similar language as long as no price is listed.
- A dealer is prohibited from the redistribution of price data and all digital files and from selling Convaid product on any 3rd party reseller like Craigslist, eBay or Amazon.
- If a dealer with multiple store locations violates this MAP policy at any particular store location, then Convaid will consider this to be a violation by all of the dealer’s locations.
- Although dealers remain free to establish their own resale prices, Convaid reserves the right to cancel all orders and indefinitely refuse to accept any new orders from any dealers which have advertised at a net retail sales price less than the MAP price established by Convaid, or if dealer has violated this policy in any other way.
- Convaid’s sales representatives are not permitted to discuss this policy or make any agreements or assurances with respect to Convaid’s MAP pricing and policy.
- Dealer acknowledges Convaid’s ownership of all trademarks, service marks, trade names, trade dress, and other intellectual property in association with products. This policy does not give dealer any right or interest in any Convaid’s intellectual property or Convaid’s trademark. No Convaid’s trademark, trade names, Product names or other intellectual property names shall be used or registered by dealer or used as part of dealer’s internet domain names or email address. The use of the term Convaid in source code, print, website text or image naming can only be for the promotion of Convaid Products, not alternatives or substitutions of any kind.