MAP Policy/Terms & Conditions
Phillips & Temro Industries/EVOCHARGE, Inc. is dedicated to providing its customers with innovative high-quality products, and superior sales and marketing support. In order to continue to uphold these principles, EVOCHARGE has established this Minimum Advertised Pricing Policy (this “MAP Policy”) to allow it to exercise a greater degree of control over the distribution of EVOCHARGE products, while achieving the following objectives:
- Maintaining the proper positioning of EVOCHARGE products in the marketplace;
- Setting guidelines for the use of EVOCHARGE trademarked and copyrighted materials; and
- Ensuring that EVOCHARGE retailer, reseller and distributor relationships are consistent and value-based across its supply chain.
EVOCHARGE believes that this MAP Policy will protect EVOCHARGE’s brand image and goodwill, and establish a sustainable platform for profitable growth for all authorized retailers, resellers and distributors across its supply chain. It is important to EVOCHARGE that its retailers, resellers and distributors experience sufficient profits from the sale of EVOCHARGE products, thereby allowing them to provide important value-added services throughout the supply chain, including adequate product inventory, encouragement for the stocking of new products, and customer services and support. This MAP Policy has been unilaterally adopted by EVOCHARGE and will be enforced uniformly. The terms of the MAP Policy are detailed below. The MAP Policy will apply to all sales of Products by retailers, resellers and distributors, in any and all modes of sale, including, but not
limited to, through the Internet, through traditional retail channels, and at exhibitions and shows. EVOCHARGE may change or cancel this MAP Policy at any time.
Minimum Advertised Price (MAP) Policy:
EVOCHARGE has established a list price, or Manufacturer’s Suggested Resale Price (“MSRP”), for all of its products, as set forth in the current EVOCHARGE price list (subject to revision by EVOCHARGE from time to time and at any time).
In no event may the advertised price of a EVOCHARGE product be discounted by more than 10% off the MSRP for that product in effect at the time of the price is advertised. Refer to the current EVOCHARGE price list to calculate the exact MAP for each item currently available in EVOCHARGE’s catalog of products.
This MAP Policy is applicable to all Products and their respective part numbers.
It is a violation of this MAP Policy for a retailer, reseller or distributor to directly or indirectly advertise a EVOCHARGE product at a price below the then current MAP or to suggest that a EVOCHARGE product is being promoted at a price less than the MAP, except as permitted by this MAP Policy.
It will not be a violation of this MAP Policy to advertise in general that the retailer, reseller or distributor has “the lowest prices”
or will match or beat its competitors’ prices, or to use similar phrases, so long as the retailer, reseller or distributor does not include any advertised price below MAP and otherwise complies with this MAP Policy. It will also 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, specifically with respect to EVOCHARGE Products, so long as no price is listed. From time to time, EVOCHARGE may permit resellers to advertise MAP Products at prices lower than the MAP. In such events, EVOCHARGE reserves the right to modify or suspend this MAP Policy with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
Distributor MAP Compliance:
Ecommerce Reseller MAP Compliance:
All ecommerce resellers, whether purchasing directly from EVOCHARGE or through a distributor, may not utilize, sell, distribute
THIS POLICY ONLY ADDRESSES THE ADVERTISEMENT OF PRICES FOR EVOCHARGE PRODUCTS ON THE INTERNET AND IN PRINT. ALTHOUGH EVOCHARGE SUGGESTS RESALE PRICES, THIS POLICY DOES NOT REGULATE THE PRICES AT WHICH YOU ACTUALLY SELL ANY EVOCHARGE PRODUCTS.
Monitoring and Reporting:
EVOCHARGE may monitor advertised prices of EVOCHARGE products on the Internet and elsewhere, either directly or by using third parties. Third parties retained by EVOCHARGE may engage in the monitoring of advertised prices of EVOCHARGE products by retailers, resellers and distributors to verify that the requirements of this MAP Policy are being satisfied.
Violations of MAP Policy:
First Violation: Upon discovery of a violation of this MAP Policy, EVOCHARGE will contact the offending party to correct advertised prices that do not comply with this MAP Policy.
Further Violations: If further violations occur, EVOCHARGE may enforce, at its discretion and dependent upon the
severity of the violation(s), any/all of the following penalties:
- No new orders will be accepted for a period of between seven (7) and thirty (30) calendar days. All pending orders (even if confirmed/accepted) will be cancelled. Warranties will be null and void on any orders fulfilled by offending ecommerce merchants during the designated period, as well as by distributors fulfilling orders for third party violators; and/or
- EVOCHARGE may revoke authorization to purchase any and all EVOCHARGE products indefinitely. All pending orders (even if confirmed/accepted) will be cancelled and no new orders will be accepted. Warranties will be null and void on any orders fulfilled by offending ecommerce merchants, as well as by distributors fulfilling orders for third party violators. EVOCHARGE may revoke authorization to purchase any and all EVOCHARGE, products to distributors fulfilling orders for third party violators indefinitely; and/or
- EVOCHARGE may place the violator on its “DO NOT SELL” list.
Images, photographs, text, content, descriptions, trademarks, logos and other materials (collectively, “Materials”) provided by EVOCHARGE may not be altered, cropped, edited, or re-worded in any way. All Materials on our website, emailed to you, and/or provided on Flash Drives or other media are protected by copyright and trademark laws and are the intellectual property of EVOCHARGE. Any Materials owned by EVOCHARGE may not be reproduced anywhere, for any reason, or any purpose, in print media of any form, on the internet in any form, or in any other media or format, without the express written permission of EVOCHARGE. All uses of EVOCHARGE Materials in a reseller’s advertising must be in compliance with this MAP Policy. The photographs, images, graphics, logos, icons, text and arrangement of all content on our website or company-supplied media, such as Flash Drives or emailed files, is the exclusive property of EVOCHARGE and is not in the public domain. No EVOCHARGE Materials may be used in a way to suggest an unauthorized endorsement from EVOCHARGE for a product not manufactured or sold by EVOCHARGE. No EVOCHARGE names, trademarks or product names may be used in any URL address or domain name used by any retailer, reseller or distributor.
Because it is difficult to determine damages resulting from unauthorized usage, if you supply or utilize any of our Materials in a
non-compliant fashion, any open account that is supplying or using the same will be immediately put on hold pending correction
of your non-compliance. If your non-compliance is not resolved within five business days, we will seek legal action against you for damages and remedies available, including attorney’s fees and associated costs.
Permission for the use of any EVOCHARGE Materials in print or electronic advertising or in any re-selling marketing or advertising
venue is expressly conditioned on your compliance with the MAP Policy set forth above. Any requests for the use of any
Materials should be sent by email to [email protected]
Reservation of Rights:
EVOCHARGE reserves the right, in its sole discretion, to at any time restrict certain of its products from being sold on the Internet
or otherwise or to prohibit the advertising and marketing of any or all of its products on the Internet or otherwise. This MAP
Policy applies to the advertised prices of retailers, resellers and distributors. So long as they do not violate this MAP Policy,
retailers, resellers and distributors are free to independently determine the ultimate price at which they sell EVOCHARGE
This MAP Policy will be interpreted, construed and governed by the laws of the State of Minnesota. Venue for all disputes arising under this MAP Policy will lie exclusively in the State of Minnesota.
Changes to MAP Policy:
EVOCHARGE reserves the unilateral right to periodically change the terms of this MAP Policy and will post on its website, at www.phillipsandtemro.com, notification of any such changes with the date on which those changes will take effect. This MAP Policy is the unilateral policy of EVOCHARGE, which means that it is one-sided and independent, and does not represent an agreement between EVOCHARGE and any retailer, reseller or distributor.
This MAP Policy supersedes any similar policies that were in effect prior to its effective date. EVOCHARGE reserves the right to revise this policy and/or enforce restrictions which we deem effective towards policy compliance. This may or may not include changes in terms, discounts, drop-ship policies, orders in-house, product availability, warranties or future orders on quotation.
Any questions or comments concerning this MAP Policy must be addressed in writing to:
9700 West 74th Street
Eden Prairie, Minnesota 55344
Terms & Conditions
- We reserve the right to make any corrections to this quote due to stenographic or clerical errors.
- This quote is subject to review and acceptance of all applicable specifications.
- ENGINEERING CHARGE: The Engineering Charge covers the cost of engineering, adapting and fabricating special tooling, fixtures and programming and does not convey title nor control of any tooling required to fabricate the parts included in this quote.
- CANCELLATION AND/OR MODIFICATION OF ORDER OR DESIGNS: Any raw material, engineering charges, freight costs or committed purchase costs that are incurred prior to order cancellation, purchase order change or design change shall be borne by the customer.
- DEFECTIVE CUSTOMER SUPPLIED MATERIALS: Customer supplied materials which are found to be defective during or after processing, will be invoiced at the appropriate amount in correlation to the level of completion of each item.
- CONSUMPTION OF RAW MATERIALS: Depending on the part, parts or product included in this quote, some material may be consumed in the development and manufacturing setup. Philips & Temro Industries is not responsible for the cost of material consumed in development and set up. Please allow 5-10 pieces from each lot of customer supplied materials to be lost during setup. We will do our best to minimize this on each order.
- DELIVERY CHANGES: Requests for delivery date changes will be considered on a case by case basis dependent upon the current production schedule at the time of the request.
- FREIGHT: Prepaid and Add or Collect; FOB Shipping Point.
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- PAYMENT TERMS: Standard Terms are Advance (prior to shipment). Net 30 day payment terms are available with credit approval. Terms are based on the date of invoice, not on the date merchandise is received. A 1.5% monthly service charge will be assessed on all past due accounts. Payment must be made in U.S. dollars, with correct currency noted on checks.
- SALES & USE TAX: Any applicable Sales and/or Use Taxes on the use, consumption or storage of these products are the responsibility of the Purchaser (unless an exemption applies).
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- LIMITED WARRANTY: Phillips & Temro, at its sole option, shall replace or provide a credit of the purchase price, for any goods which do not conform to buyer’s WRITTEN specifications. PHILLIPS & TEMRO MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (Please see separate Limited Warranty for complete warranty language.)
- LIMITATION OF LIABILITY: Phillips & Temro’s liability shall be limited to either repair or replacement of the goods or a credit of the purchase price, at Phillips & Temro’s sole option. UNDER NO CIRCUMSTANCES SHALL PHILLIPS & TEMRO BE LIABLE OR RESPONSIBLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In no even shall Phillips & Temro’s liability exceed the purchase price of the goods.
- ARBITRATION: Any dispute relating to this transaction shall be decided by binding arbitration under the rules and procedures of the American Arbitration Association and shall be heard in Minneapolis, Minnesota or such other place as the parties shall mutually agree.
- WARRANTY RETURN PROCEDURE: To qualify for stated warranties, a Return Materials Authorization (RMA) number must be obtained from Phillips & Temro Industries by calling 800-328-6108.
- Claims for shortages or unsatisfactory merchandise must be made within 10 days from receipt of the merchandise. Phillips & Temro will not authorize returns more than 30 days after sale. The alleged defective unit must be returned to Phillips & Temro Industries, intact, postage or freight prepaid and Phillips & Temro Industries will return the repaired or replaced unit postage or freight prepaid. Final determination of defects shall be made by Phillips & Temro Industries in accordance with procedures established by Phillips & Temro Industries. No agent, employee or representative of Phillips & Temro Industries has any authority to bind any affirmation representation or warranty concerning Phillips & Temro Industries products except as stated herein. Phillips & Temro extends no warranties beyond the description of the express non-customer product warranty as stated in paragraph 13, which is in lieu of any other warranty, express or implied, and expressly excludes any warranty of merchantability or fitness for a particular purpose.
ADDITIONAL TERMS & CONDITIONS
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- PRODUCT SPECIFIC WARRANTY: See warranty page www.phillipsandtemro.com, Evocharge warranty.
- RETURN GOODS POLICY: To return product, a Return Material Authorization (RMA) must be obtained from Phillips and Temro by calling 800-328-6108.
SPECIAL and/or CUSTOM PRODUCTS ADDITIONAL TERMS & CONDITIONS
- Prices are quoted subject to revision in the event of increases in the cost of raw materials or purchased components.
- Custom products may not be returned. No custom products will be fabricated without a signed customer authorization.
- CANCELLATION: Cancellation of orders after materials have been purchased to meet the stated delivery schedules will result in a charge representing the cost of materials for the open order(s). Any raw material, tooling expenditures, freight costs, or committed purchase costs that are incurred as a result of an order cancellation, purchase order changes or design changes shall be borne by the customer. Cancellation at any time after the order is received at Phillips & Temro Industries will be subject to a 50% restocking charge. NO CANCELLATIONS WILL BE ACCEPTED WITHIN 45 DAYS OF THE SCHEDULED SHIP DATE AS ESTABLISHED BY THE ACKNOWLEDGED CUSTOMER PO. RMA’S FOR RETURNED GOODS NOT YET PAID, WILL ONLY BE ISSUED UPON RECEIPT OF A REVISED PO TO COVER THE COST THE OF THE CANCELLATION FEES, PLUS ANY MISSING OR DAMAGED MATERIALS.