Tzed250
Addicted to ArboristSite
opcorn:
Just to clear a couple of things up for you guys. The 576 IS going to out-cut the 372 and the 575. That was the purpose of making it. With that being said, it is an animal and with some mods, it should be sick. The 372 and the 575 are both either out, or on their way out.
In regards to mail order Husky. They can be sold through the mail, by internet, and any other way that you can think of. The only thing you can't do (as a dealer) is advertise the price of the saw below the preset minimum by Husqvarna. There are loop holes in this of course. Prices CAN be discussed over the phone or by private email.
I hope this clears up some things for you guys. If you have any questions, don't be afraid to ask.
-Kevin
opcorn:
Kevin, you better take another look at the dealer agreement.
:agree2:
I did. I can't advertise lower than they say, but I can certainly send one out to somebody if need be. There may be different regulations for dealers that are on different levels. My dealership has the top rating. I dunno if that makes a difference, but I am sure that I can conduct a sale as previously stated.
As I mentioned above, I'm not an attorney, but a company can't restrict or prohibit a dealer from selling their property any way or anywhere the dealer wants. Husky can write all the policies they want, but they're not legally binding. You can't write a contract that breaks US contract law.I also have the "top rating", but it makes no difference as the policies are the same for all dealers.
Notice I said "policies" as in plural. The information you have stated is correct as stated in the "Minimum advertised price policy"
What I am talking about is the "Internet and Catalog Policy". It is a separate document that came out at the same time as the MAP one. You must have received a copy; we all did. Unless they've changed it, it very much restricts the type of sales you describe.
Now, I haven't exactly been following the spirit of this policy myself, but you need to be careful here.
Send me a PM with your phone number and I'll give you a call. Where in NY are you?
Now lets not have a dealer spat here on line... just give us an ArboristSite discount when we email an order from this board and....no one but you and your customer has to know what the final price point was...right?
Are internet/phone sales allowed in Norway?
As I mentioned above, I'm not an attorney, but a company can't restrict or prohibit a dealer from selling their property any way or anywhere the dealer wants. Husky can write all the policies they want, but they're not legally binding. You can't write a contract that breaks US contract law.
As I mentioned above, I'm not an attorney, but a company can't restrict or prohibit a dealer from selling their property any way or anywhere the dealer wants. Husky can write all the policies they want, but they're not legally binding. You can't write a contract that breaks US contract law.
Nope, can't do that without paying the dealer all the lost profits till the end of time. You can't limit where someone can sell, no matter how much you want to. If you cancel a dealership because they won't comply with something you have no legal right to require you are going to find the Fed's knocking on your door for violating the RICO (SP?) Act. Something they take very seriously. It qualifies as racketeering. It's generally handled as a civil matter, but it can ultimately be treated as a criminal violation.That may or may not be true. But what they (Husky) can do is cancel you as a dealer for doing it if they tell you not to... It is their product you are selling. And another thing, most Husky inventory (whole goods) dealers stock are not owned but basicaly "floored" by GE financing for quailfied dealers. That means that most inventory is not owned by the dealers anyhow.
Nope, can't do that without paying the dealer all the lost profits till the end of time. You can't limit where someone can sell, no matter how much you want to. If you cancel a dealership because they won't comply with something you have no legal right to require you are going to find the Fed's knocking on your door for violating the RICO (SP?) Act. Something they take very seriously. It qualifies as racketeering. It's generally handled as a civil matter, but it can ultimately be treated as a criminal violation.
No offense, but you have donut idea what you are talking about.
.
True. But an unenforceable clause is as worthless as the paper it's written on.You can indeed write a contract that breaks U.S. 'contract law' (whatever that is), and it's done every day and in every way. Will that part of the contract be enforceable in state or federal court? Likely not.
False. A recent court case determined that no company can make this type of restriction. Because of that any company that cancels a dealership because of violating a policy that it cannot legally force upon an American business, the offending company would find itself civilly liable for the lost profits and all expenses to recover them. All restrictions, policies, etc. that make this requirement are null and void. Unfortunately, fighting this out in court is generally a David vs. Goliath situation, but it's still possible for David to come out on top.But a company can absolutely restrict a dealer from selling their property anyway or anywhere. It's called a 'policy,' which you pointed out. Because if that dealer is found to be in violation of Husky's policies, it's a very simple solution: no more saws from Husky. If you don't like Husky's policy, then you can be a dealer for Dolmar. (Except they have the same policy.) Or Stihl. (Except they have the same policy.) Or Jonsered. (Except they have the same policy.) Or...
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