Evolution Industries Terms & Conditions Policy

In order to preserve its reputation for providing customers with high value products and strong after-sales support, and to further enhance the Evolution Industries brand image and its competitiveness in the marketplace, Evolution Industries is unilaterally instituting a policy of minimum advertised price standards for Evolution Industries products.

Evolution Industries greatly values the efforts of all Resellers to distribute Evolution Industries products and support our customers. This Policy is adopted for the benefit of all Resellers and will be uniformly enforced.

This Policy shall work under the following guidelines:
1. Evolution Industries will, from time to time, publish a Schedule of Manufacturer’s Suggested Retail Prices (“MSRP Schedule”) on its internet website, which may be amended or adjusted by Evolution Industries at any time in its sole discretion. The MSRP Schedule will identify the effective date, the products and the manufacturer’s suggested retail price (“MRSP”) for those products. Each advertisement of a product identified in the MSRP Schedule more than 10% below the MSRP will be a violation of this Policy. Evolution Industries products not specifically identified in the MSRP Schedule are not subject to this Policy. The initial MSRP Schedule is enclosed.

2. This Policy applies to all advertisements of Evolution Industries products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media, television, radio, and public signage. This Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s).

3. The inclusion in advertising of free or discounted products (whether made by  Evolution Industries or another manufacturer) with a product covered by this  Policy would be contrary to this  Policy if it has the effect of discounting the advertised price of the covered Evolution Industries product more than 10% below the MSRP.

4. If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 10% below the MSRP is prohibited.

5. This Policy applies only to advertised prices and does not apply to the price at which Evolution Industries. products are actually sold or offered for sale to an individual consumer within Resellers’ retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances.

6. This Policy does not establish maximum advertised prices. All Resellers may offer Evolution Industries products at any price in excess of the MSRP.

7. Internet auctions may not display or have reserved bid or other acceptable prices more than 10% below the MSRP.

8. Pricing listed on an internet site is considered an “advertised price” and must adhere to this Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this Policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 10% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this Policy.

9. This Policy is solely within Evolution Industries discretion and authority acting through the duly authorized managers of Evolution Industries No employee or sales representative of  Evolution Industries has any authority to discuss, modify or grant exceptions to this Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this  Policy under this paragraph is unauthorized and invalid. All questions about this Policy should be in writing and directed via U.S. Mail to Policy Administrator, Evolution Industries, who will respond only in writing. No oral communications about this Policy are authorized. The Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this Policy. Any action taken by Evolution Industries under this Policy shall be without liability to Evolution Industries.

10. From time to time, Evolution Industries may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this Policy in whole or in part by notifying all Resellers of the duration and nature of the change. Evolution Industries further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion. Such changes shall apply equally to all Resellers.

11. Intentional and/or repeated failure to abide by this Policy will result in sanctions unilaterally imposed by Evolution Industries. The level of sanctions will be determined by Evolution Industries in its sole discretion and may include indefinite termination of dealership or distributorship. Evolution Industries does not intend to do business with Resellers who degrade the image of Evolution Industries and its products. Evolution Industries need not provide prior notice or issue warnings before taking any action under this Policy.

12. Distributors of Evolution Industries products will supply a copy of this Policy to any new or existing Reseller for their records.
Evolution Industries Return Policy: