MAP Policy

Effective 10/30/2020

Schier is a leading grease interceptor manufacturer in the United States. We take pride in our products’ reputation for quality and performance, and we believe it is important that resellers of those products commit a substantial amount of time and other resources to understand, support, and promote our products. To encourage strong representation by our resellers, Schier has implemented this Minimum Advertised Price Policy (the “Policy”) to encourage our resellers to invest the necessary time and energy into Schier’s products, to remain competitive in the marketplace, to protect Schier’s image, and to ensure that the prices at which our products are advertised reflect the value and quality of those products.

Scope of this Policy and Definitions

This Policy covers both minimum advertised price (MAP) and minimum sell price (Price Floor) and is applicable to both online and offline retailers. The MAP policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). Schier reserves the exclusive right to sell to Amazon, Walmart, Alibaba, Lowes and Home Depot.

Definition of “Advertisements”

Advertisements of Schier’s products include any and all media, not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, television, radio, and public signage, all websites, social networks, banner ads, broadcast emails, landing pages, etc.

Applicable Products

This Policy applies to all Schier products, and Schier reserves the right to modify the list of products to which this Policy applies at any time by updating the price list found at https://schierproducts.com/list-prices/It is each reseller’s responsibility to check the Current Price List regularly.

Minimum Advertised Price Defined

Resellers cannot advertise or otherwise promote the Products online or offline at a price lower than a .70 multiplier of published list price current at the time of the advertisement or promotion (such price is referred to in this Policy as the “MAP”). For example, if Schier Model XX-250 has a list price of $1000, the MAP would be $1000 x .70 = $700.00.

Please note the following additional information about advertising and promotion of the Products on the Internet:

  • Resellers may advertise the Products at any price equal to or higher than the MAP.

  • Resellers may advertise that customers may contact the reseller to learn the actual sale price, such as “call for a price” or “email for a price”. For “email for a price,” any response must be individualized and not an automated or auto-generated response.

  • A price that can be seen on the reseller’s website by the user clicking on “add to shopping cart” or “click here to check out” functions of the website will not be considered by Schier to be the advertised price and is therefore subject only to the Price Floor.

  • When shown on the same page, email or ad as the Products, promotional gift cards, instant rebates and other promotional activities that effectively lower the advertised price below the MAP are not permitted.

  • Applicable taxes paid by the reseller’s customer will not be included as part of the MAP.

  • The following actions by a reseller will not be deemed to lower the effective advertised price of a Product covered by this Policy:

    • Schier-sponsored rebate programs

    • Schier-approved MAP holidays

    • Offering of free shipping; and

    • Offering of no-interest financing

Price Floor Defined

Resellers cannot sell the Products online or offline at a price lower than the price floor based on the current and published at the time of the advertisement or promotion (such price is referred to in this Policy as the “MAP”). The Price Floor also pertains to B2B sales. Resellers cannot sell to any other person or entity that advertises or otherwise promotes the Products below the Price Floor.

Please note the following additional information about the Price Floor:

  • Resellers may not sell the Product below the price floor for any reason.

  • Bundling/BOGO pricing is not allowed. 

  • Applicable taxes paid by the reseller’s customer will not be included as part of the Price Floor.

  • Shipping costs will not be included as part of the Price Floor, thus discounted or free shipping will not be included as part of the Price Floor

  • The following actions by a reseller will not be deemed to lower the effective Price Floor covered by this Policy:

    • Schier-sponsored rebate programs

    • Offering of free shipping; and

    • Offering of no-interest financing

Policy Administration

This Policy is administered by Schier and is non-negotiable. Schier does not seek consultation with any online reseller and Schier will not negotiate with or enter into an agreement with any reseller regarding this Policy or regarding the prices at which the reseller will sell the Products. Schier employees and representatives are not authorized to discuss any aspect of this MAP Policy, including the meaning or interpretation of this Policy. All inquiries regarding this MAP Policy should be directed to the following email address: mapadmin@schierproducts.com.  

Schier may modify this Policy at any time in its sole discretion and Schier will enforce this Policy in its sole discretion. There are no third-party beneficiary rights to this Policy. Schier has the right, but not the obligation, to occasionally monitor, review or audit resellers’ websites for compliance with this Policy. Any failure by Schier to require compliance with any provision of this Policy will not operate as a waiver to require strict compliance in the future.

Policy Enforcement

Upon verification by Schier to its satisfaction that a reseller has advertised or otherwise promoted a Product at a net price less than the MAP, the following actions will be taken:

  1. On the reseller’s first violation Schier will issue a notice of violation to the reseller by email. The reseller will then have five (5) business days from the date of notice to correct the violation and comply with this Policy. If the reseller does not correct the violation within the aforementioned five (5) business-day period, Schier may cease to fill and accept orders from the reseller for the Product model that is subject to the violation. If the violation is not corrected within fifteen (15) business-days from the date of Schier’s initial notice, then the reseller will be deemed to have committed a second violation of this Policy and Schier may proceed as described in paragraph 2, below. If the reseller corrects the first violation within the fifteen (15) business-day period, but violates the policy again within six-months, then Schier may also proceed as described in paragraph 2, below.

  2. On the reseller’s second violation within a six-month period, Schier will issue a notice of the violation by email to the reseller and Schier may decide not to accept or fill any orders from the reseller for a period of up to thirty (30) days from the date on the written notice of violation.

  3. On the reseller’s third violation within a 12-month period, Schier will issue a notice of violation by email to the reseller and Schier may decide not to accept or fill any orders from reseller for a period longer than 30 days or indefinitely, as determined by Schier in its sole discretion.

Upon verification by Schier to its satisfaction that the reseller has sold Products to another person or entity that has promoted or advertised such Products at a net price less than MAP, Schier will take the following actions:

  1. On the first violation Schier will issue a warning to the reseller by email.

  2. On the second violation Schier will issue a notice of violation by email. If the violation has not been corrected within fifteen (15) business-days after the date of Schier’s notice, then Schier may decide not to accept orders from resellers for a period longer than 30 days or indefinitely, as determined by Schier in its sole discretion.

 

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