Quote:
Originally Posted by jharrell
....
No where does it state if a dealer violates the MAPP the the warranty will not be honored, fact.
You added language to the MAPP that did not exist changing #5 to add that it would not be covered if the MAPP was violated, fact.
I have an email out to MagnumWarranty@Sensata.com to clarify this issue once and for all, I have yet to hear back.
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Perhaps this will help. Here's the entire agreement with a few things in
BOLD for you to easily see:
Minimum Advertised Pricing Policy (MAPP)
To protect Sensata Technologies, Inc. Magnum Energy TM and Magnum-Dimensions TM brand names, reputation for superior technology, and quality products, Sensata has unilaterally adopted a MAPP (Minimum Advertised Pricing Policy) for all its Magnum Energy TM and Magnum-Dimensions TM brand products. This MAPP revision is effective May 1, 2016.
All products listed on the applicable RETAIL PRICE sheets and MAPP PRICE sheets are available from Sensata Technologies, Inc., or from our authorized distributors and dealers.
This policy pertains only advertised prices and does not relate to the actual sales price of any product. This policy applies to all Sensata Technologies, Inc. Magnum Energy TM and Magnum- Dimensions TM authorized distributors, dealers, and retailers.
• It is a Sensata Technologies, Inc. policy to stop shipment of all products for a period of 30 days (or as otherwise determined by Sensata management) to any distributor who sells to a dealer/retailer/installer (hereafter referred to as “dealer”) whose advertising of the product fails to prominently display the Minimum Advertised Price. A 2nd occurrence is 60 days probation. At Sensata’s election, a 3rd occurrence, an indefinite discontinuation of any further sales.
• This policy applies to all forms of distributor, dealer, or retailer advertising including mailings, catalogs, displays at consumer trade shows, on-site brick and mortar locations, internet sales sites, and any other type of electronic network.
• MAPP pricing applies to all listings on third party websites such as but not limited to Amazon.com, Jet.com, Google.com, and PriceGrabber.com.
• Products purchased through Internet Auction websites such as but not limited to Ebay.com are not eligible for warranty coverage.
• ThewarrantyonProductsthatarenotpurchasedbyanenduse rthroughauthorized distributors and authorized dealers is null and void. These products are not eligible for warranty coverage.
• Any price information relating to Sensata Technologies, Inc. Magnum Energy or Magnum- Dimensions products on an internet website which uses hypertext transfer protocol (http) is considered to be advertising for the purpose of this policy.
• If MAPP pricing is posted, there shall be no alteration of said price using strikethrough or other methods of modification to the displayed MAPP price – or contains a price lower than the minimum advertised price set forth in the MAPP price sheet.
• Sensata will police its MAPP through periodic purchases from any offending entity to trace the serial number of the product through the sales channel. Distributors who are found to be enabling violations of the MAPP will be required to purchase the product back at full manufacturer’s suggested retail price (MSRP).
9.
When advertising a price, it is not permissible to use leading language or other means to indicate that any price lower than MAPP is available. Examples of language that is NOT PERMITTED includes, but is not limited to:
• Click here for your price
• Pricetoolowtoprint
• Price too low to advertise
• Click for lower price
• Click for our price
• Click here for special pricing
•
See price in cart
10.All reference to Sensata Technologies / Magnum Energy / Magnum-Dimensions MAPP are to include “package pricing”, where the sum total of all our products included in the “package” must meet the requirements of our MAPP.
11. Sensata Technologies will not accept any other agreement or understanding with distributors or dealers with respect to this policy.
It will not be altered for any distributor or dealer.
The Sensata Technologies, Magnum Energy and Magnum-Dimensions policy regarding non- compliance may be forwarded as required.
AUTHORIZED “WHERE TO BUY DEALER” REQUIREMENTS
Authorized dealers will be listed on the Sensata Technologies Magnum Energy website under the “Sales and Service Locator” listing or its equivalent. To become an authorized dealer, companies can contact their distributor to obtain an “Authorized Dealer Website Application” or Sensata Technologies at
MagnumSales@Sensata.com. Authorization requires compliance with Sensata MAPP and other policies.
Sensata will not discuss any conditions of acceptance related to this policy, as it is non-negotiable and will not be altered for any retailer, dealer or distributor.
In addition, Sensata neither solicits, nor will it accept, any assurance of compliance with this policy. Nothing in the policy shall constitute an agreement between Sensata and any retailer, dealer or distributor on any subject
including that the dealer or distributor will comply with this policy, or will sell any product at or above any particular price.
Sensata will unilaterally determine whether Magnum Energy brand products are being advertised, offered or sold at prices other than in compliance with the Magnum Energy MAP Policy described herein.