TURTLE WAX, INC.
Chaos & Cuddles Product Line
Unilateral Pricing Policy - U.S.A. and Canada
Chaos & Cuddles, a Turtle Wax, Inc. brand, was built upon decades of our innovative car cleaning technology. With new branding rooted in deep insights about the bond between pets and their ‘parents’, the Chaos & Cuddles product line features award-winning technologies that cover the entire spectrum of pet messes – from stains and odors to smudges and slobbers, no matter if families are on the go or in their home. In fact, our stain and odor formula is rated #1 in the category and outperforms the leading brand by up to 67% on eliminating ammonia and animal malodors and is specially formulated with natural ODOR-X® for the toughest pet messes at the intersection of effectiveness and safety.
We recognize that our high-quality Dealers invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling vendor presentation. To support our Dealers’ efforts, Turtle Wax, wishes to establish policies that allow Dealers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from Turtle Wax Dealers.
In order to successfully compete in the marketplace and to maintain its premium brand image, Turtle Wax has announced this Unilateral Price Policy (“Unilateral Policy” or “Policy”). Hereafter, all sales from Dealers to End Users of products set forth in Turtle Wax’s Unilateral Price Grid inside the United States and Canada shall be subject to this Unilateral Policy.
Turtle Wax’s products covered by this Policy and their coordinating minimum advertised prices are set forth in the Unilateral Price Grid which shall be delivered or otherwise made available by Turtle Wax to the Dealer. Turtle Wax reserves the right from time to time to alter, modify, suspend, or cancel this Unilateral Policy, the products covered, and/or the minimum resale prices.
This Policy does not restrict the Dealer’s right to establish independent advertised and/or resale prices of Company products. Turtle Wax reserves the right to determine whether a Dealer has advertised Company products at a net advertised price less than the minimum advertised price established in this Unilateral Policy. Upon such determination Turtle Wax may, without assuming any liability, cancel all orders and may indefinitely refuse to accept new orders from the Dealer.
This Policy has been unilaterally adopted by Turtle Wax. Turtle Wax neither solicits nor will it accept assurances by a Dealer of acquiescence with this Policy. Nothing in this Policy shall constitute an agreement between Turtle Wax and any Dealer of compliance with this Policy. The Dealer within its own discretion can choose to acquiesce or not acquiesce with this Policy. Turtle Wax will not discuss conditions of acceptance related to this Policy. This Policy is non-negotiable and will not be altered, modified, or amended for any Dealer.
Combining a product(s) from the Unilateral Price Grid with any other product for a sale price lower than the combined price of what the two (2) products could be purchased independent of each other shall not constitute acquiescence with Company’s Unilateral Policy.
The issuance of non-Company announced rebates (in any form) on a product(s) listed in the Unilateral Price Grid shall not constitute acquiescence with Company’s Unilateral Policy.
Advertising that requests the End User to "see price in cart," "click to see price," "add to cart for best price," or presents "Why we do not show a price?" or a price that is struck through, no price listed, or any language or graphic representation that implies, or from which the End User can infer, that the End User click through to the cart to see a price lower than that set forth in the Unilateral Price Grid shall not constitute acquiescence with Company’s Unilateral Policy.
The offer of free shipping, subscription, or financing on product(s) in the Unilateral Price Grid shall constitute acquiescence with Company’s Unilateral Policy.
Company, from time to time within its sole discretion, may announce promotion prices and bundles of the products listed in the Unilateral Price Grid which shall constitute acquiescence with Company’s Unilateral Policy.
This Unilateral Policy applies only to advertised prices and does not apply to the price at which the Chaos & Cuddles Products are actually sold or offered for sale to an individual consumer within the Dealer’s location, over the telephone or through email.
Turtle Wax may offer a direct manufacturer’s rebate to Dealers. In such event, it shall constitute acquiescence of this Unilateral Policy to advertise the availability of the manufacturer’s rebate, provided that (a) the advertisement includes the applicable price in the UP grid, the rebate amount, and the net price after manufacturer’s rebate in the same type size and style; (b) an asterisk is placed next to the net price after manufacturer’s rebate; and (c) the “*After manufacturer’s rebate” appears in the same area of the advertisement as the advertised product.
Company’s sales personnel have no authority to modify or grant exceptions to this Policy. All questions regarding interpretation of this Policy should be directed to the Company Policy Coordinator at: firstname.lastname@example.org