Duravit® products are special. They provide consumers with an unusually high
level of quality. We care deeply how the
products are sold, and we want to select our resellers carefully.
Therefore, Duravit has unilaterally
decided to sell our Duravit® products only to those accounts which, in the sole
and independent determination of Duravit, meet the following criteria:
1. The account does not disparage Duravit or its
products. The account does not misuse
Duravit’s trademarks by failing to show the ® symbol when identifying the
products. The account does not mislabel
other manufacturers’ products with the trademarks. The account does not utilize any images,
drawings, or other materials provided by Duravit (“Duravit Copyrighted
Materials”) for any purpose other than the advertisement and promotion of
Duravit® products by the account. The
account does not provide copies of any Duravit Copyrighted Materials to anyone
without Duravit’s permission.
2. The account maintains a good reputation for
financial soundness and business ethics and pays its bills on time.
3. Duravit is not looking for resellers who
advertise Internet discounts to sell Duravit® products. Accounts that advertise discount prices on
the Internet below 35% of the list price do not meet Duravit’s unilateral
criteria.
4.
The account does not engage in any illegal, deceptive, or improper
retail practices.
5.
The account has a knowledgeable customer service department, responds
promptly to customer-service issues, and can handle common issues related to
Duravit products.
6. The account sells only to customers that
honor these criteria. The account does not sell to unauthorized internet
retailers. A link to our authorized internet retailer list is available online
at
https/www.duravit.us/service/policy_and_warranty_information/internet_retailer.us-en.html.
The account has not authorized or appointed anyone as an “authorized” Duravit
dealer.
This
Retailer Selection Policy is adopted unilaterally. It is not a contract, or an offer to form a
contract or agreement. Duravit does not request
and will not accept any agreement about an account’s compliance with the
Policy. The Policy does not require any
account to charge a particular price for any product. Accounts have the right to run their businesses
the way they want, and Duravit has the right to run its business the way it
thinks is best. The Policy describes the
attributes of accounts that Duravit seeks to sell to. Duravit, in its own independent judgment,
will not select accounts that do not meet the criteria of this Policy and may
terminate any accounts or refuse to accept orders from accounts that do not
meet those criteria.
Sales
representatives are not authorized to discuss this Policy or resale prices with
any account. Sales representatives are
not authorized to seek or accept any assurance of any account’s compliance with
this Policy. All questions about this
Policy should be directed in writing to Timothy C. Schroeder.
It is Duravit’s
policy not to discuss the business dealings of any account with any other
account. Duravit does not seek and will
not accept complaints from accounts about the practices of any other
account. Duravit acts in its sole
interest, based on its own information and decisions, in administering this
Policy.
Duravit may change or discontinue
this Policy at any time. Duravit may
suspend, waive, or decline to enforce the Policy for any reason or no reason. As this is Duravit’s unilateral statement of
its current policy and not an agreement, no one is entitled to rely on its
continuation in any form or any uniformity of application. No account has any right to rely on the
Policy’s continuing unchanged.
Duravit may
accept or reject orders from any account at any time for any reason.
Although
each account remains free to establish its own resale prices, please understand
that Duravit will take any action it feels appropriate under the circumstances,
including without limitation, refusing to do any further business with any such
account, without notice.
Generally, if it appears that an
account has forgotten this Policy, the account may receive a reminder letter,
and some examples of how Duravit may respond to continued occurrences include,
without limitation, (i) revocation of the Local Market Support component of the
account’s previous Purchase Discount (which is 10% of that discount); (ii)
suspension of the account’s eligibility for Duravit marketing funds and other
promotional benefits that the account otherwise would or could receive during
such period; (iii) suspension of any and all free freight allowances; (iv)
removal of the account from Duravit’s websites, including, without limitation,
the dealer locator and “Authorized Resellers-List;” and (v) any other response that
Duravit, in its sole discretion, imposes for any or no reason, including a
refusal to do further business with the account.
Although the extent of Duravit’s
response to an account ignoring this Policy may generally become more severe
with each additional occurrence, the extent of Duravit’s response and the
length of time applicable to each is within Duravit’s sole discretion and is neither
subject to discussion with the account, nor necessarily comparable to Duravit’s
responses to other accounts engaged in similar conduct under similar
circumstances.
This
policy is only in the USA.
Duravit Exempt Product List