Bosch Automotive Service Solutions Minimum Advertised ...

Bosch Automotive Service Solutions LLC 28635 Mound Rd. Warren, MI 48092

Bosch Automotive Service Solutions Minimum Advertised Price Policy Revised Effective November 1, 2014 Introduction Bosch Automotive Service Solutions LLC (“Bosch”) has established a Minimum Advertised Price (“MAP”) Policy in the United States for the products (the “MAP Products”) described in Exhibit A hereto and as may be amended by Bosch from time to time. This policy supersedes and replaces all prior MAP policies applicable to Bosch products. We urge you to read the information contained in this package carefully. It describes the pricing policy of Bosch for the MAP Products and is intended to provide answers to commonly asked questions. Please keep this policy for future reference. To comply with this MAP Policy, distributors, dealers, jobbers, retailers and other resellers (“Distributors”) must not advertise or promote the MAP Products at net prices less than the applicable Minimum Advertised Price as listed on Exhibit A (“MAP Price”). In the event Bosch determines there has been a violation of this MAP Policy, Bosch will notify Distributor of the violation and Distributor will be given five (5) business days to comply with this MAP Policy. If Bosch determines there is a second violation of this MAP Policy, Distributor will lose all promotional or advertising allowances for all MAP Products within the brand of products in which the violation occurred (e.g. in the case of a violation of this MAP Policy for a single OTC® brand MAP Product, the Distributor would lose promotional or advertising allowances for all OTC® brand products), for the quarter in which the noncompliance took place. If Bosch determines subsequent violations of this MAP Policy have occurred, Bosch, in its discretion, may take additional action, including, without limitation, the cancellation of all Distributor orders for the MAP Products advertised in violation of this MAP Policy and the refusal to accept any new orders from Distributor for such MAP Products either permanently or temporarily. Distributors should provide this MAP Policy to jobbers and customers and advise them of the consequences of failure to comply. This MAP Policy addresses only the advertisement of prices. It does not regulate selling prices. Therefore, Distributors are free to sell the MAP Products at prices and terms in their sole discretion. Bosch and its employees shall have no authority to instruct Distributors as to what their resale prices must be, to interfere with the independent establishment of resale prices by Distributors, or to modify or waive the terms and conditions of this MAP Policy. Bosch MAP Policy Guidelines The MAP Policy shall work under the following guidelines: i.

Distributor advertising that contains specific prices for identified Products must comply with the MAP Price set forth on Exhibit A, as may be amended. This means that any prices appearing in Distributors advertising and promotions for MAP Products must be equal or greater to the applicable MAP Price for that MAP Product. 1


ii.

This policy applies to advertised prices, not selling prices. All advertising messages and communications, whether oral or written, regardless of the media used, which are created for or directed at potential customers (more than one person) are subject to the MAP Policy. Accordingly, advertisements in print, on the Internet, radio or TV, direct mailings and billboards are subject to the MAP Policy.

iii.

Distributors who fail to comply with the MAP Policy will forfeit certain benefits as described herein and may be precluded from selling certain Bosch products altogether.

iv.

If you are in doubt as to whether a planned advertisement will comply with Bosch's MAP Policy, contact the Bosch MAP Policy administrator at the contact information below. For guidance, the below examples of advertisements and the question/answer section should be reviewed.

Examples of Advertisements Advertisements that directly or indirectly contain prices for specific models of MAP Products, which are below the MAP Prices, will be deemed not in compliance with Bosch's MAP Policy. Examples of advertisements that Do Not Comply with Bosch's Map Policy: a.

If the ad says "15% off the regular price" so that the net price is less than the MAP Price, such an ad will not comply even if no specific net price is stated.

b.

Advertisements that provide a free or discounted product with the purchase of a MAP Product, or offering two (or more) MAP Products for the price of one, where the advertisement is determined by Bosch (in its sole discretion) to mean a price for any MAP Product that is less than the MAP Price for such MAP Product.

c.

Offering a cash rebate (other than direct rebates to customers offered by Bosch) on the purchase of a MAP Product, if the net price is less than the MAP Price for that product.

Examples of advertisements that Do Comply with Bosch's MAP Policy: a.

"Price too low to print/quote/etc." (provided it meets applicable law on advertising).

b.

"Lowest prices in town on OTC® - call for quote" (provided it meets applicable law on advertising).

Please note that the above examples are not exhaustive. Instances of compliance and noncompliance are not limited to these examples. Bosch reserves the right, acting in its sole discretion, to make a final determination as to the compliance of any advertisement. Use of Trademark i.

All pictures, images and descriptions of Bosch’s products are the exclusive property of Bosch and may be used only with Bosch’s prior written approval. All pictures, images and 2


descriptions of Bosch’s products must be used as provided by Bosch and may not be altered in any way without the prior written authorization of Bosch. All Bosch products advertised for resale must adhere to the Bosch policy regarding established logo, trademark or descriptive design. ii.

Bosch shall approve the use of Bosch trademarks by Distributors at Bosch’s sole discretion. Upon Bosch request, the Distributor must provide a sample of the advertisement including Bosch products or related materials, whether in print or in electronic media prior to publication. In the event of a violation of this MAP Policy by a Distributor, Bosch may revoke such approval immediately, at Bosch’s sole discretion.

iii.

Third parties marketing Bosch products that are not authorized resellers are subject to this MAP Policy. Violations of this MAP Policy will result in Bosch enforcement of its trademark rights.

Contact Information No Bosch sales representative or employee is authorized to interpret, waive, alter, discuss or reach agreement regarding the subject matter of the MAP Policy, or any advertised or selling price. All questions or comments regarding this MAP Policy should be directed to the policy administrator at: MAP Policy Administrator Bosch Automotive Service Solutions LLC 28635 Mound Road Warren, MI 48092 [email protected]

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Questions and Answers About the Bosch Automotive Service Solutions LLC MAP Policy Q: What is "MAP"? A:

MAP stands for Minimum Advertised Price.

Q: How does MAP work? A:

Bosch determines the minimum advertised price (MAP Price) for the MAP Products; to comply with the MAP Policy these products cannot be advertised below the MAP Price.

Q: What Bosch products are subject to the MAP Policy? A:

The products covered by the MAP Policy are the products listed on Exhibit A to the MAP Policy, as may be amended by Bosch from time to time.

Q: Why has Bosch implemented MAP? A:

Bosch implemented this MAP Policy to maintain Bosch’s brand image, goodwill and product positioning by emphasizing the value and quality of Bosch’s products through advertising and marketing, and to enhance the ability of our Distributors to provide the proper levels of services and support to their customers.

Q: What happens if Bosch’s MAP Products are advertised below MAP Prices? A:

Although Bosch does not require its Distributors to comply with the MAP Policy, failure of Distributors (or customers of a Distributor) to comply with this policy will lead to a loss of the promotional or advertising allowances for all products within the brand of products in which the violation occurred (e.g. in the case of a violation of MAP Policy for a single OTC® brand product, the distributor, dealer or retailer would lose promotional or advertising allowances for all OTC® brand products), for the quarter in which the noncompliance took place. In addition, in the event of subsequent violations, Bosch will cancel existing orders and refuse to accept new orders for MAP Products advertised in violation of this MAP Policy.

Q: Can Distributors, at their own cost, do in-store advertising or display prices below MAP levels at the time of their customers’ purchase of MAP Products? A:

Yes. Distributor paid advertising of prices below the MAP Price, if it is in-store advertising only is not contrary to the MAP Policy. Also, for on-line sales, Distributors may display prices below the MAP Price at the time of a customer’s purchase of a MAP Product (i.e. when a customer “checks out” to complete an on-line purchase of MAP Products the customer has added to an on-line “Basket” or “Shopping Cart”).

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Q: Does this mean that all Distributors must advertise in accordance with the MAP Policy? A:

No. Bosch does not require its Distributors to advertise at the MAP Price. Rather, compliance with the MAP Policy is required to retain certain benefits given by Bosch to Distributors for the MAP Products.

Q: What happens if a Distributor’s competitor violates the MAP Policy? A:

Bosch will investigate all deviations from the MAP Policy and uniformly apply the terms of the policy. Bosch will keep complaints and allegations regarding violations confidential.

Q: Can Bosch change the MAP Price on a MAP Product? A:

Yes. Bosch reserves the right, acting in its sole discretion, to make any change to the MAP Policy, including but not limited to changes in price and product selection, or to suspend or discontinue the MAP Policy at any time and for any reason. Advance written notice will be given of any changes. Any modification will supersede all prior version of this MAP Policy.

This list is not exhaustive. Any questions regarding this issue should be directed to the Bosch MAP Policy administrator. Bosch Automotive Service Solutions LLC

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Exhibit A to MAP Policy Category

Diagnostics

3893

Encore Deluxe Kit

MAP Price For Sales to End Users $1,995.00

Diagnostics

3895

Genisys Touch Deluxe Kit

$3,499.00

$2,996.00

Diagnostics

F00E901631

$1,699.00

$1,442.00

Diagnostics

3111Pro

$259.00

$205.00

Diagnostics

F00E9016297HH

Mastertech VCI OEM Hardware Kit OBDII, ABS and Airbag Scan Tool Ford VCM II Scan Tool

$1,499.00

$1,199.00

Diagnostics

6522

LeakTamer Evap Testing System

$1,080.00

$920.00

Diagnostics

3421-146

$950.00

$760.00

Diagnostics

3421-147

$699.00

$559.00

Diagnostics

3824

Genisys 2013 Software Super Bundle Productivity Kit Genisys 2013 Software Loyalty Kit ESI Truck Kit with DCU 100

$9,987.00

$7,989.60

Diagnostics

3824BSC

ESI Truck Kit for User PC

$7,450.00

$5,960.00

AC Carts

34288

Robinair Economy R-134 Recovery, Recycling and Recharging Machine Robinair Premier R-134A Refrigerant Recovery, Recycling and Recharging Machine Robinair Recharging Machine for Hybrid or Non-Hybrid Robinair Premium Refrigerant Recovery, Recycling and Recharging Machine Robinair Premier R-134a Recovery, Recycling And Recharging Machine Premier R-134a Recovery, Recycling And Recharging Machine For Hybrid Or NonHybrid

$2,843.95

$2,555.00

$3,589.00

$3,200.00

$3,613.95

$3,250.00

$4,194.95

$3,775.00

$3,768.65

$3,360.50

$3,794.65

$3,412.50

AC Carts

Product Part Number

34788

AC Carts

34788-H

AC Carts

34988

AC Carts

34788NI

AC Carts

34788NI-H

Description

MAP Price For Sales to Jobbers

$1,536.60

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