Brian in VA said:Unfortunately, that's not correct. The manufacturer may choose something called unilateral pricing whereby every retailer selling the product must sell it for the price set by the manufacturer. Choosing to do so, and getting caught, violates the retailer agreement and loses the retailer the ability to purchase the vendor's product. Bose Corporation has done it for years, very successfully. None of their products are discounted anywhere. (Actually, if you see them discounted it's typically someone who acquired them through nefarious means, not a legit retailer, and you'll never be able to make a warranty claim.)
And it's perfectly legal so long as the manufacturer doesn't hold an overly abundant share of the market, typically >35%.
Brian in VA
John Barton said:Well people can waive their rights by signing a contract. So if they do that then more power to them.
My question is what happens to old inventory? What happens to old models of Bose speakers or old models of Predator cues that aren't moving or are made obsolete by newer technology?
Does Predator buy back or trade in those items so that the retailer is not stuck with them?
Bamacues said:Where does Predator's rights end?
Do they have a right to call me if I am not one of their dealers? I trade cues all the time. If someone, possibly even a dealer, wants something I have, and they want to throw a Predator cue in as part of the trade, am I then obligated by Predator's MAP?
As a private citizen with no affiliation with Predator, and no dealer's agreement with them, do they still have a right to intimidate me?
TATE said:No. The idea presented (I have no knowledge of these agreements) is just a contractual agreement they require of distributors and dealers.
In my opinion, a manufacturer should have a right to set terms with distributors/dealers. It's up to the dealers to decide if they will sell the manufactuers products. That's what a free market is really all about. If the government were to restrict this, it would be a restraint of trade.
Basically, maintaining integrity of pricing is to protect dealers/distributors against predatory pricing by high volume purchasers and helps level the playing field between the large purchasers and the small. Since the whole idea of free market is survival of the fittest, ultimately what the consumer purchases wil determine the success or failure of each enterprise.
I view the policy Predator is using as a compliment to their management. Their advertised prices are still competitive with lesser known, less popular laminated brands. I had a custom shaft made up to fit my cue for under $200.
Chris
Bamacues said:Chris,
I asked the question because this morning I was called by Predator and told to remove the price that I had listed on AZ Billiards (a member's only forum, I might add). I informed them that I was a cue trader/collector, and that I had no dealer's agreement with Predator. I told them that I was not an authorized Predator dealer. I told them that I often got cues like this in cue trades as partial payment for custom cues, etc. I was told that that did not matter. They stated that I had to remove the advertised price because it was a violation of their MAP. I stated that I felt that as a private citizen with no tie to their company, I did not feel that I was under any trade restriction. The lady was very intimidating in her manner. For the time being, I removed the advertised price.
Joe
Bamacues said:Chris,
I asked the question because this morning I was called by Predator and told to remove the price that I had listed on AZ Billiards (a member's only forum, I might add). I informed them that I was a cue trader/collector, and that I had no dealer's agreement with Predator. I told them that I was not an authorized Predator dealer. I told them that I often got cues like this in cue trades as partial payment for custom cues, etc. I was told that that did not matter. They stated that I had to remove the advertised price because it was a violation of their MAP. I stated that I felt that as a private citizen with no tie to their company, I did not feel that I was under any trade restriction. The lady was very intimidating in her manner. For the time being, I removed the advertised price.
Joe
poohkiller said:Sorry but I simply cannot understand this question. If this is demanded from Predator than all the car dealers around here could demand the manufacturers to buy back all the "2nd. gen" Ford Mondeos because there's a new one... Imo this is a quite outrageous demand.
Bamacues said:Chris,
I asked the question because this morning I was called by Predator and told to remove the price that I had listed on AZ Billiards (a member's only forum, I might add). I informed them that I was a cue trader/collector, and that I had no dealer's agreement with Predator. I told them that I was not an authorized Predator dealer. I told them that I often got cues like this in cue trades as partial payment for custom cues, etc. I was told that that did not matter. They stated that I had to remove the advertised price because it was a violation of their MAP. I stated that I felt that as a private citizen with no tie to their company, I did not feel that I was under any trade restriction. The lady was very intimidating in her manner. For the time being, I removed the advertised price.
Joe
Bamacues said:Chris,
I asked the question because this morning I was called by Predator and told to remove the price that I had listed on AZ Billiards (a member's only forum, I might add). I informed them that I was a cue trader/collector, and that I had no dealer's agreement with Predator. I told them that I was not an authorized Predator dealer. I told them that I often got cues like this in cue trades as partial payment for custom cues, etc. I was told that that did not matter. They stated that I had to remove the advertised price because it was a violation of their MAP. I stated that I felt that as a private citizen with no tie to their company, I did not feel that I was under any trade restriction. The lady was very intimidating in her manner. For the time being, I removed the advertised price.
Joe
uwate said:If you are a dealer that sells Predator cues than I believe the MAP could be applied to you. Think about it, the MAP has not substance if one way to get out of its restrictions were to simply declare yourself a non authorized dealer.
If you are selling as a private individual, such as how you have characterized this transaction, then the actions of the Predator sales rep are unwarranted. The MAP agreement could not possibly apply to individual transactions, it could only apply to direct B2B relationships with Predator and a Predator dealer be they authorized or unauthorized.
Bigjohn said:That probably wasn't even Predator that contacted you. It was probably a dealer. Predator can only throw their weight around with their dealers/distributors because of signed agreements. The rest of the American public can sell Predator cues for whatever they will bring...or next to nothing.