Reseller Selection Policy

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 Internet Retailer. 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 Bob Downie.

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 has been making top-quality products for centuries. We care deeply how the products are sold, and we want to select our retailers carefully. We want to find and keep solid, loyal, retailers who will provide the extraordinary sales support Duravit products require and who will allow us to challenge the incumbent brands in Canada.

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:

• The account does not disparage Duravit or its products, and the account does not misuse Duravit’s trademarks by failing to show the ® symbol when identifying the products, or by mislabeling other manufacturers’ products with the trademarks.
• The account maintains a good reputation for financial soundness and business ethics and pays its bills on time.
• The account does not engage in loss-leadering.
• The account does not engage in bait-and-switch selling.
• The account does not engage in misleading advertising.
• The account does not fail to provide the exceptional level of service that purchasers of Duravit products reasonably expect.
• The account does not sell Duravit products on the Internet without being included on Duravit’s list of approved Internet retailers and does not transship or sell products for Internet sales by other retailers not on that list.
• The account is focused on plumbing supplies. The account responds to customer-service issues promptly and effectively (not simply passing customer-service issues to Duravit).
• The account does not advertise Internet discounts below 35 % of list price. Use of discount coupons specific to Duravit on the Internet is included in that definition of advertising discounts.
• The account sells only to customers that honor these customer criteria. The account is not authorized to appoint anyone as an “authorized” Duravit dealer.

Duravit may accept or reject orders from any account at any time for any reason. Duravit sets up a retail account based on the location of that retailer. Duravit may determine not to accept orders where an account begins selling in venues, locations, or sites different from the retail account’s address in Duravit’s records.

This policy applies only in Canada.