Michigan Contract between Manufacturer and Distributor Regarding Minimum Advertised Price

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Multi-State
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US-01540BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Michigan contract between a manufacturer and a distributor regarding a minimum advertised price (MAP) is a legally binding agreement that outlines the terms and conditions related to the minimum price at which the distributor is allowed to advertise the manufacturer's products. In this contract, both parties, the manufacturer and the distributor, establish a mutual understanding and agreement regarding the pricing policies to be followed in the marketing and selling of the products. The purpose of this agreement is to prevent retailers or distributors from advertising the manufacturer's products below a specified minimum price, thereby ensuring fair competition among all the parties involved. The Michigan contract typically includes the following key provisions: 1. Minimum Advertised Price (MAP): This outlines the specific minimum price that the distributor is required to advertise the manufacturer's products. It prevents any advertising that may undercut the established pricing structure and maintain a level playing field among retailers. 2. Authorized Resellers: The contract may specify a list of authorized resellers or distributors who are eligible to sell the manufacturer's products and adhere to the MAP. 3. Price Maintenance: The contract may include provisions regarding price maintenance, urging the distributor to maintain the agreed-upon minimum advertised price throughout the term of the contract, thus preventing any unauthorized price alterations. 4. Promotional Strategies: This section of the contract may address promotional activities like sales, discounts, or bundling offers. It will outline any restrictions or conditions related to running promotional campaigns while maintaining the MAP. 5. Duration and Termination: The contract will include the duration of the agreement and any conditions or clauses that outline the termination rights for both parties. It may also cover the process for renegotiation or renewal of the contract. 6. Enforcement and Penalties: The contract may outline the consequences of non-compliance with the MAP, including potential penalties or enforcement actions such as suspension of distribution rights or termination of the contract. It's important to note that there may be different variations or types of Michigan contracts between manufacturers and distributors regarding MAP. These variations could include contract-specific provisions, additional clauses, or modifications tailored to the specific industry, product type, or market conditions. These contract types may include exclusive distributorship agreements, non-exclusive agreements, or limited-time promotions with specific MAP conditions. Overall, the purpose of a Michigan contract between a manufacturer and a distributor regarding MAP is to establish a fair and consistent pricing policy that ensures healthy competition, brand protection, and mutually beneficial cooperation between both parties.

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FAQ

A supplier can, however, issue non-binding RRPs for its products or impose maximum prices above which its retailers or distributors may not resell the products, provided that the RRP or the maximum price does not amount to a fixed or minimum resale price as a result of pressure or incentives.

If a manufacturer, on its own, adopts a policy regarding a desired level of prices, the law allows the manufacturer to deal only with retailers who agree to that policy. A manufacturer also may stop dealing with a retailer that does not follow its resale price policy.

Generally, if you sell in big volume it might be a good idea to go below the manufacturer's RRP. Be wary, though that some manufacturers and distributors look down on stores that do so because the pricing might be important for their brand image.

However, RPM agreements are usually unlawful because they prevent you from offering lower prices and setting your prices independently to attract more customers. If you have been involved in RPM with your supplier, you may both be found to be breaking competition law.

This is where Minimum Advertised Pricing (MAP) policies come in. But what is a MAP pricing policy, exactly? Highlights. MAP policies are agreements between manufacturers and distributors on the minimum price a product can be sold at. These policies benefit all parties, from manufacturers to distributors and retailers.

While it used to be that manufacturers could only suggest a minimum retail price, the U.S. Supreme Court changed that rule. Now, manufacturers may, under appropriate circumstances, require a minimum retail price to be charged. Manufacturers cannot agree between themselves to set prices for their products.

Unlike a resale-price-maintenance agreement, a MAP policy does not stop a retailer from actually selling below any minimum price. In a resale price maintenance policy or agreement, by contrast, the manufacturer doesn't allow distributors to sell the products below a certain price.

Minimum advertised price policies are unilateral programs that manufacturers can use to limit their retailers from advertising products below a predetermined level. Unlike resale price maintenance (RPM) agreements, MAP policies don't strictly limit product pricing.

IMAP stands for Internet Minimum Advertised Price. It is a MAP policy that brands draft specifically for products sold online.

You must not claim a discount against the recommended retail price (RRP), if the RRP is significantly higher than the price generally charged for the product.

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Michigan Contract between Manufacturer and Distributor Regarding Minimum Advertised Price