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.
New York Contract between Manufacturer and Distributor Regarding Minimum Advertised Price
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How to fill out Contract Between Manufacturer And Distributor Regarding Minimum Advertised Price?
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IMAP stands for Internet Minimum Advertised Price. It is a MAP policy that brands draft specifically for products sold online.
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.
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.
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.
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.
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.
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.
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.
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.
Key Takeaways. Advertised price is the price of a product as advertised through mass media and is generally set by manufacturers and retailers working together.