Minimum Advertised Pricing Policy

Minimum Advertised Pricing Policy

Valtra, Inc. dba Strong Hand Tools® – Minimum Advertised Pricing Policy for United States - Effective July 5, 2021

1. Introduction

Strong Hand Tools® recognizes that our success is tied to the success of our network of select authorized dealers. We know that many of our dealers invest significant time and resources to deliver their expertise to our customers. We want to protect their ability to do so by discouraging price-based advertising that would be detrimental to our dealers’ service and support efforts. As a result, Strong Hand Tools® has unilaterally established this Minimum Advertised Price (“MAP”) Policy.

2. Policy Statement

Strong Hand Tools®, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower than the MAP or otherwise violates this Policy.

3. General Guidelines

a. The products covered by this policy can be found online at Strong Hand Tools® may in its sole discretion modify this list from time to time. Strong Hand Tools® will provide notice of any modification on the MAP Policy or the location of the policy.

b. Strong Hand Tools® recognizes that dealers are free to make their own decisions to advertise and sell any Strong Hand Tools® product at any price they choose, without consulting or advising Strong Hand Tools®. Similarly, Strong Hand Tools® has the right to make its own decisions regarding the Strong Hand Tools® Authorized Reseller Program, supplemental marketing materials, point-­of-­purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

c. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual appearing in person, over the telephone, or in response to a specific request for quotation.

4. Advertising Guidelines

a. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.

b. The MAP Policy does not apply to solely on premise or in-­store advertising that is not distributed to customers.

c. Website features such as “click for price”, automated “bounce-­back” pricing e-­mails, pre-­formatted e-­mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the dealer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

d. It shall 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 Strong Hand Tools® Products, so long as no price is listed.

e. This MAP Policy also applies to any activity which Strong Hand Tools® determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.

f. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.

g. From time to time, Strong Hand Tools® may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, Strong Hand Tools® reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

h. From time to time Strong Hand Tools® may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer’s rebate, provided that:

i. The advertisement includes a MAP-­compliant price, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style;

ii. An asterisk is placed next to the net price after manufacturer’s rebate; and

iii. “After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.

5. Bundling Guidelines

a. “Bundling” or advertising Strong Hand Tools® products for sale together with other products will violate this MAP Policy when:

i. The effective or stated price of the bundle represents a discount that would bring the effective price of the highest priced item in the bundle below that allowed by the MAP Policy.

ii. The product(s) bundled with MAP Products violate Strong Hand Tools’ intellectual property rights; or

iii. The product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s)

b. Product(s) bundled with the MAP Products must not, without conspicuous warning, be technically incompatible.

c. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:

i. The effective or stated price of the bundle represents an immediate discount resulting in a price effectively below that allowed by the MAP Policy; or

ii. The effective or stated price of the bundle represents a discount effectively below that allowed by the MAP Policy after taking into consideration any contingent future purchase.

d. Rebate programs from Strong Hand Tools®, whether on MAP Products or Strong Hand Tools’ partners’ products are exempt from this policy.

6. Policy Enforcement

a. If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then Strong Hand Tools® will consider this to be a violation by the dealer.

b. Strong Hand Tools® reserves the right to cancel any pending orders, restrict future orders, suspend dealers’ account, or terminate business relationships if Strong Hand Tools® reasonably believes:

i. A dealer has violated the provisions of this policy; or

ii. A dealer intends to violate this policy.

c. Strong Hand Tools’ MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.

d. Waivers to this MAP Policy may be granted in Strong Hand Tools’ sole discretion by the MAP Policy Administrator in writing. Strong Hand Tools® sales, marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, dealers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

e. Strong Hand Tools® monitors the advertised prices of dealers, either directly or via the use of 3rd party agencies or tools. Dealers are expected to provide reasonable cooperation in any Strong Hand Tools® investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Strong Hand Tools® MAP Policy investigation is a violation of this MAP Policy.

f. The MAP Policy will be enforced by Strong Hand Tools® unilaterally and in its sole discretion without notice. Dealers, distributors, and resellers, themselves, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to:

7. Items covered by Minimum Advertised Pricing (MAP) Policy

All items sold under the Strong Hand Tools®, BuildPro®, and Rhino Cart® brands are subject to the Minimum Advertised Pricing (MAP) Policy. As a general rule, items found in the price lists below are subject to the MAP Policy. Other items not specifically appearing in the price lists below should be presumed to be covered under the same MAP Policy.

For all items sold under the Strong Hand Tools® and BuildPro® brands, when the list price of the item(s) are between $0 and $500, the Minimum Advertised Price shall be no less than 10% from the list price.

When the list price of the item(s) are above $500, the Minimum Advertised Price shall be no less than 5% from the list price.

8. Updates to MAP Policy

Check this page for latest updates to the MAP Policy. This site is the governing list of products and their Minimum Advertised Price under the policy.