I had ordered 3 of them and 2 of them worked right out of the box. Accepted file types: jpg, pdf, gif, png, Max. Q: Does the MRP Policy apply to discontinued products, closeouts, demonstration, or other used merchandise? For the second violation during a Policy Period: If (i) the offending reference(s), text or conduct that caused the first violation is or are not so removed or stopped (if EcoTech determines that it or they can be) after receiving notice of such first violation from EcoTech or (ii) such Retailer violates this Policy a second time with the same item(s) of the Covered Products or violates this Policy with any other item(s) of the Covered Products, effective as of the date specified in notice from EcoTech to such Retailer and for the sixty (60) day period thereafter, the prices paid for EcoTech products will be ninety percent (90%) of the MRP for covered products. If any charge(s) will apply to your service request, we will contact you via phone for billing information. Q: What if the Vendor inadvertently uses an outdated MRP price list in establishing its retail price and the retail price amounts to an MRP violation? Q *n5Mf/I5!-,A6D'+Ty'&ZVcZ}7qo)oWMJUE;(/X$4OvKl7T&6U_w5jNO-uW/^9a40iu~[lAh EcoTech, at anytime, may vary the Minimum Resale Price for a Covered Product or add to or delete any or all of the Covered Products, which may, among other things, be based on whether such product is offered or sold under or subject to one or more select EcoTech programs or any other EcoTech policy or in any other situation announced by EcoTech from time to time. Please look to our website for all current retailers, distributors, international distributors, and online retailers. (You will receive an RMA number at completion of form). }t Contact us today to start your advertisement! I've been using a lot of Ecotech products over the years and I was always happy with them. For a better experience, please enable JavaScript in your browser before proceeding. Q: How does EcoTechs MRP policy relate to and/or interact with EcoTechs Unilateral Minimum Advertised Price (MAP) Policy? Q: What happens if EcoTech employees are found to be improperly discussing any aspect of the MRP Policy with a Vendor or otherwise acting beyond their scope of authority with regard to the MRP Policy? Q: What if a Vendor has documented evidence of a violation by another Vendor? After giving him my invoice number I couldn't understand why he couldn't pull all of the information off of the actual invoice. PLEASE REMEMBER: ECOTECH EMPLOYEES ARE NOT AUTHORIZED OR PERMITTEDTODISCUSS OR ANSWER QUESTIONS ABOUT THE MRP POLICY OR ITS IMPLEMENTATION. In the case of a Retailer that purchases through one or more distributors, this Policy will be enforced through a Do-Not-Sell List or the equivalent issued to each such distributor. Most definitely. How do you decide how much to spend on used reef equipment? ,(%*3*c1d~p U All shipments are shipped from Bethlehem, PA. For warranty service (products less than one year old), please upload a copy of your sales receipt with your return. T[ xq)"N-l "[3ZAh?fO(!dXUX${ovG?Ou}zQofnu6nf)W^TEd)[M"~?V7y~[w?Z>]?nU}wKrPpQ/?mp %C7mn>}}fI_z.M
=cU6UjnjFI+_KKII[A%J\7U+Wn2*CouMB$z.soj{!WXZ(3jh=c9x>q.s[QAnAc\gWBf+p3%ASC.p>ameN\voS>c2}Yrc#RCS|&8Rf=gZ38vuzA$]o!.VH JavaScript is disabled. Except in extraordinary circumstances, EcoTech will not consider any requests for other exemptions. This field is for validation purposes and should be left unchanged. Q: Will EcoTech ever change which products are subject to the MRP Policy or the minimum retail prices for those products? Specifically, net adjusted price will be calculated by: Examples of things that will be closely examined include without limitation: (a) rebate checks, (b) free gift cards, (c) extended warranties and (d) free or discounted items. As an example, UPS, FedEx, or any other shipping method which yields a tracking number. %PDF-1.3
If you violate any of the preceding provisions a second time you will receive a permanent account ban and will also be subject to all legal and equitable remedies available to us at equity or law, including, but not limited to, an action for trademark or copyright infringement. The Explanation (which also may be referred to as Frequently Asked Questions, FAQs or the equivalent as determined by EcoTech), if any, accompanying this Policy is intended to help answer questions in connection with it, but is not part of this Policy. Same people, same responsiveness, same location. If your business has nexus in the state of PA, please provide a copy of your PA retail sales tax license via email to [emailprotected] or fax it to (888) 500-2907. Each violation of this Policy is cumulative. EcoTech Marine, LLC (EcoTech) implemented a Unilateral Minimum Retail Price (MRP) Policy and a Unilateral Minimum Advertised Price (MAP) Policy (the Original Policies) effective as of August 15, 2011. Same great products, same great warranty, and support. Q: Is the use of loyalty points on EcoTech covered products a violation of the MRP policy? Be sure to have the product in front of you when completing this form, as you will need model name, serial number and purchase date for warranty verification. In addition, EcoTech neither solicits, nor will it accept, any assurance of compliance with this Policy. EcoTech Marine, Radion, Vortech, Ecosmart, Elements and associated logos are registered trademarks protected under the intellectual property laws of the United States. as long as EcoTech Covered products are specifically excluded in writing in any and all advertisements. Buy, Sell, Trade Coral, Fish, and Equipment, Not good Dr. Reefs Quarantined Fish Experience, Terrible Experience with Michaels NY Aquatic, Dr Reef Order - multiple fish, multiple shipments. It may not display this or other websites correctly. Q: What happens if only one retail location of a chain Vendor violates the MRP Policy? To accommodate certain changes to the Original Policies, an amended and restated version combining both of them has replaced the Original Policies effective as of March 15, 2013 (the Replacement Date), but the replacement policy will not be enforced until May 1, 2013 (the Replacement Enforcement Date). For purposes of this Policy: (a) a Policy Period with respect to a Retailer consists of the time period beginning on the Replacement Enforcement Date and ending on the day preceding the fifth (5th) anniversary thereof and, thereafter, each successive five (5) year period until this Policy is discontinued, rescinded or terminated effective on the date described in a future written or electronic notice to such Retailer from EcoTech; and (b) net adjusted price means the lower of the price at which a Covered Product is offered by or on behalf of a Retailer to a customer (potential or actual) or that actually paid to or for the benefit of a Retailer for a Covered Product by such customer after (i) applying all discounts and similar price reductions, (ii) excluding certain taxes and shipment charges and (iii) giving effect to the value of free or reduced-price bundles. Q: Why has EcoTech adopted the MRP Policy? Free or Reduced-Price Shipping Not Considered Discount. Want to grow your business and reach a wider audience? ); subtracting, in the case of free goods, services and similar benefits for such customer provided or made available by such Retailer, the fair market value (as determined by EcoTech) of all such goods, services and benefits (regardless of source, whether given or taken at the time of sale or otherwise and considered by EcoTech to be part of such offer or sale); and. except as otherwise directed by this Policy, on any or all proposals, quotations, contracts, invoices and receipts provided to or prepared for the benefit of any or all of such Retailers potential and actual customers in connection with the offer or sale of any or all of the Covered Products (individually and collectively, Customer Communications), the failure of such Retailer to itemize the price charged for each of the products and services shown or referred to on such Customer Communications, regardless whether such Customer Communications contain(s) any reference to any or all of the Covered Products. Pellets that lyretail anthias will consume. The consequences of each subsequent violation take effect regardless whether the consequences for the prior violation(s) are still running. Q: What constitutes a violation of the MRP Policy? subtracting, in the case of reduced-price goods and services and similar benefits for such customer provided or made available by such Retailer, the difference between: (A) the fair market value (as determined by EcoTech) of all such goods, services and benefits (regardless of source, whether given or taken at the time of sale or otherwise and considered by EcoTech to be part of such offer or sale) and (B) the amount to be paid or actually paid for such goods, services and benefits. Q: What is the policys position on customer loyalty programs with respect to the MAP/MRP? Shipments from Customer to EcoTech: For the third violation during a Policy Period: If (i) the offending reference(s), text or conduct that caused the second violation is or are not so removed or stopped (if EcoTech determines that it or they can be) after receiving notice of such second violation from EcoTech (A), in the case of a violation involving the Internet, no later than one (1) business day later, and (B), in all other cases, no later than three (3) business days later or the conclusion of the time period otherwise specified by EcoTech or (ii) such Retailer violates this Policy a third time with the same item(s) of the Covered Products or violates this Policy with any other item(s) of the Covered Products, effective as of the date specified in notice from EcoTech to such Retailer and continuing for the next sixty (60) days, the authorization of such Retailer to purchase any or all of the EcoTech products designated by EcoTech is immediately revoked by EcoTech, so that all pending orders (even if accepted) will be cancelled and no new orders will be accepted from such Retailer for any or all of such products. For units that are outside the warranty period, shipping charges must be covered by the customer. Return shipping will be included free-of-charge for warranty service. EcoTech Marines website, packaging, instructions, and all content relating to its products are protected under United States copyright laws. The replacement policy (this Policy) is set out below and is applicable to each EcoTech-authorized retailer (and to the Retail Operation, if any, as defined in the Authorized Distributor Agreement between EcoTech and each Authorized Distributor (individually, a Distributor) located in either or both of the United States of America and Canada receiving this Policy (individually, a Retailer) with respect to each of the EcoTech products for which a minimum resale price (Minimum Resale Price or MRP and, referring to either the singular or the plural or both, MRP(s)) is specified on the price list(s) or product list(s) provided or otherwise made available to such Retailer by EcoTech or otherwise communicated in writing or electronically by EcoTech to such Retailer (individually, a Covered Product and collectively, the Covered Products): Although each Retailer remains free to establish its own resale prices, EcoTech, without assuming any liability, will take one or more of the following actions immediately following verification by EcoTech to its satisfaction that such Retailer has violated this Policy by (a) offering (whether through advertising, promotion, proposal, quotation or otherwise and regardless of place or medium used), (b) selling (whether face-to-face, in-store, online, through a catalog or otherwise) or (c) otherwise providing (except in exchange for bona fide returns) one or more of the Covered Products during the Policy Period at a net adjusted price less than the corresponding MRP(s) established by EcoTech from time to time and communicated to such Retailer: For the first violation during a Policy Period: If such violation is due to: (i) an offer, such Retailer will remove or stop or cause to be removed or stopped the offending reference(s), text or conduct after receiving notice thereof from EcoTech: (A), in the case of a violation involving the Internet, no later than one (1) business day later, and (B), in all other cases, no later than three (3) business days later or by the conclusion of the time period otherwise specified by EcoTech or. While EcoTech will communicate each MRP and such change through the price list(s) or product list(s) provided or made available to each Retailer electronically or otherwise, such Retailer is responsible for making sure that it is aware of the appropriate MRP(s) and the Covered Products in each circumstance. F7%5_W!Vh]Jfn+Wkj]\gb%WEK}-bR'mD/HfK!\" E*4 For any reason(s) deemed appropriate by EcoTech (including without limitation based the request of a Retailer for EcoTech to consider such things as, but not necessarily restricted to, limited-time promotional offers for an event in which such Retailer is participating or otherwise), but, in no event other than as EcoTechs unilateral decision, this Policy may be modified, extended, waived, suspended, discontinued or rescinded in whole or part by EcoTech in writing at any time (including without limitation during any EcoTech-designated promotional period(s)), with such action(s) effective immediately or as otherwise described by EcoTech. -B"""R[ cUY,Sj~-00oQN(1oJ3%i^VOi()fTJ1 QBh9z$Jr#,#rR,Z26]M6C80]%u:Se\peEfWrz#.gSf'ct1(407S[LZk }y{lHM0*u;{6r^io6H.PZ Q: What role will EcoTech sales representatives play in administering the MRP Policy? In the event of any disagreement over the interpretation or enforcement of this Policy, the view of EcoTech view will control. (ii) a sale or otherwise providing one of the Covered Products, EcoTech will provide notice of such violation to such Retailer. If you violate any of the preceding provisions your account will be suspended for a minimum of ninety (90) days. This field is for validation purposes and should be left unchanged. Q: What if a retailers list price or EcoTechs MSRP is higher than the MRP price of a MRP product, can it be discounted. Note: For out-of-warranty service (products more than one year old), please provide billing information on form with return shipment for fastest service. Are EcoTech and AI customer service still going to be awesome? Q: What if a Vendor chooses not to comply with the MRP Policy in its pricing? offering a discount, coupon or rebate applicable to any or all of the Covered Products in return for a Facebook Like; bona fide advertising and promotional materials (including without limitation printed catalogs) that cannot reasonably be modified prior to the effective date of a change in the MRP(s), the Covered Products or this Policy (such exemption is effective until such time that it is reasonable to revise such materials (as determined by EcoTech) to be consistent with this Policy); each bona fide written contract between such Retailer and a customer that became effective no later than the day before such change in the MRP(s), the Covered Products or this Policy is announced by EcoTech; the offer or sale of one or more of the Covered Products based on a bona fide proposal or quotation given prior to the effective date of such change in the MRP(s), the Covered Products or this Policy and consistent with this Policy at the time it was given, but such MRP(s), the Covered Products or this Policy has or have since been changed; provided that such proposal or quotation was accepted by a customer in writing no later than five (5) days after such effective date and each of the Covered Products subject to such accepted proposal or quotation will be delivered to such customer no later than ten (10) days after such effective date; the offer or sale under one or more special programs (if any) designated by EcoTech; the accrual of points or other things of value (Loyalty Points) in connection with the purchase of any or all EcoTech products and the application of Loyalty Points, even if such application results in price(s) for any or all of the Covered Products below its or their respective MRP(s), as long as: (a) Loyalty Points may be applied to all or most of the products offered by such Retailer; (b) the Loyalty Points accumulation rate for the purchase of EcoTech products is no more than one percent (1%) of the actual purchase price paid by retail customers; (c) in the event that such Retailer offers an accumulation rate greater than one percent (1%) of such price, such Retailer expressly excludes any and all EcoTech products (using a disclaimer provided by EcoTech or, if not so provided, a disclaimer acceptable to EcoTech) from such offer; and (d) none of the statements or materials promoting Loyalty Points mentions, depicts or otherwise refers to any or all EcoTech products, except for such disclaimer; the offer or sale to an employee of such Retailer for his or her personal use (and not for resale), provided that such sale is reasonable (as determined by EcoTech). Shipments from EcoTech to Customer: To expedite your product repair, complete the form below and reference RMA (Return Material Authorization) number with your shipment. Effective as of the Replacement Date, this Policy supersedes and cancels each other policy from EcoTech, if any, regarding minimum advertised prices and resale prices or either thereof, including with limitation the Original Policies. the lowest price or the lowest prices; except as otherwise permitted by this Policy, offering to match or matching a lower price offered by another seller or exceeding the discount implicit in such lower price; knowingly or negligently directly or indirectly advertising, promoting or selling any or all items of the Covered Products (or, if so designated by EcoTech, just one or more particular items of the Covered Products) through (a) an online auction site (like eBay), (b) an online marketplace (such as that operated by Amazon or any of its affiliate(s)) or (c) an online site which is not or is no longer approved by EcoTech (but such Retailer may advertise, offer and sell such products on its own (non-auction) website, as long as such Retailer (i) has not received notice disapproving such site from EcoTech and (ii) otherwise complies with this Policy and all agreements between EcoTech and such Retailer); if a price for a Covered Product is shown in Internet advertising or promotion or as part of an Internet sale permitted by this Policy, such price varies with respect to such product (exclusive of applicable taxes and all shipping, delivery and insurance charges) across any or all of: (a) the initial webpage depicting or describing such product, (b) the in-the-cart (or other container) price, (c) the checkout price and (d) the substantive equivalent of any or all of them as determined by EcoTech; for Internet advertising permitted by this Policy: (a) the failure to show the price for a Covered Product on the initial webpage depicting or describing such product or (b), if such price is shown, it varies from any or all of the in-the-cart (or other container) price, the checkout price and the substantive equivalent of either or both as determined by EcoTech; (a) the failure to expressly exclude any and all of the Covered Products (using a disclaimer provided by EcoTech or, if not so provided, a disclaimer acceptable to EcoTech) from an offer or use of a coupon, discount or rebate that applies to all or many of the products offered by such Retailer or in a category of products offered by such Retailer relevant to the Covered Products (such as lighting systems or pumps) or (b) the mention, use or depiction of any or all of the Covered Products in an offer for such coupon, discount or rebate, except for such disclaimer; an invitation to click, call, e-mail, visit a store or otherwise communicate to obtain a price; the promotion or sale to group purchasers, except at price(s) no less than each applicable MRP; advertising or promoting a trade-in offer for any EcoTech product(s) or any other product(s) in connection with or applicable to any or all Covered Products, regardless whether a specific trade-in price or value is advertised or promoted; and. You may copy product content and videos for use on your website for resale only. Absolutely, EcoTech Marine (and brands) products will be available at all your favorite Local Fish Stores and Online Sellers! file size: 50 MB. If you were going to do that why would you ask for the information in the first place if you don't even need it???
EcoTech will not discuss any conditions of acceptance related to this Policy. Being part of a portfolio of sister companies in the aquarium space will provide the resources EcoTech needs to take service, collaboration, and innovation to the next level. Q: Which products are affected by the MRP Policy and where can a Vendor find the list of covered products?
The same act(s) or failure(s) to act may result in multiple violations. taking into account all discounts, deductions, rebates and allowances offered, otherwise made available or given to such customer (regardless of source, whether given or taken at the time of sale or otherwise and considered by EcoTech to be part of such offer or sale); except that an offer or sale using or applying a rebate, coupon or the equivalent (as determined by EcoTech) will not be considered part of net adjusted price if such rebate, coupon or the equivalent is provided by EcoTech (A) directly to such customer or (B) to such Retailer for provision to and use by such customer); excluding, if to be paid or paid by such customer, all applicable taxes and all shipping, delivery and insurance charges (However, if such Retailer offers to pay or pays any or all of such taxes and such charges that otherwise would be paid by such customer, the amount paid by such Retailer will be considered a discount, except as otherwise provided in this Policy. Will my favorite retailer still carry EcoTech products?
In the event of any ambiguity or conflicting information the legal documents takes precedence. Notwithstanding anything to the contrary in this Policy, free or reduced-price shipping (including without limitation drop shipping by a Distributor on behalf of a Retailer) may be offered or provided by a Retailer without it being considered to be a discount when offered or provided in connection with a purchase that includes at least one of the Covered Products, as long as the value thereof is reasonable (as determined by EcoTech). The Exemptions are as follows and apply to offering or selling which is part of a potential or actual sale by such Retailer: If such Retailer otherwise violates this Policy or EcoTech determines that such Retailer does not qualify for or abused any or all of the Exemptions, such exemptions will be deemed withdrawn by EcoTech retroactive to the Replacement Enforcement Date or such other date specified by EcoTech. 4 0 obj Please note that the customer is responsible for the shipping costs to EcoTech Marine for the return of the defective products(s). The EcoTech Marine RMA process is available to end users located in the United States of America. Q: May the Vendor appeal EcoTechs decision regarding a violation? You are not granted any license to the preceding intellectual property. Yes. << /Length 5 0 R /Filter /FlateDecode >> EcoTech is excited to join Neptune and BRS under a common parent company. Q: Can I sell my products on Amazon, eBay, Woot, or other online marketplaces? KkM7Us2Bx[5`fzu9?ZiRFC0Fn@CTB PqD ! }dP/. The change will facilitate and expedite the development and availability of new EcoTech (and brands) products. Use by a Retailer (directly or through another party on behalf or for the benefit of such Retailer) of any or all of the following terms, descriptions, conditions or offers (or the substantive equivalent of any or all of them as determined by EcoTech) in connection (directly or indirectly) with the offering or sale of any or all of the Covered Products will be deemed to be a violation of this Policy with the same effect as advertising, promoting, offering, selling or otherwise providing each of the Covered Products in connection with such use at less than its Minimum Resale Price: As long as a Retailer does not otherwise violate this Policy, such Retailer offering or selling to a potential or actual customer one or more of the Covered Products after the Replacement Enforcement Date below its or their respective MRP(s) is exempt from this Policy and will not violate it, if such offering or selling is consistent with an exemption described in this Policy (individually, an Exemption and collectively, the Exemptions). EcoTech Marine will notify you prior to authorizing any repairs or servicing your pump. The EcoTech Marine RMA process is available to end users located in the United States of America. Regardless whether expressly indicated in this Policy, each notice referred to herein: (a) may, as determined by EcoTech, be given in writing or electronically (including without limitation posting on a website) and (b) will be considered to be received as designated by EcoTech. I had issues with the last chip and I sent an email in to see if I can get it fixed or replaced. Advertise today. Q: Are there any exceptions to the MRP Policy? All questions or requests for additional information regarding this Policy or information regarding potential violations of this Policy (which must be in writing) are to be addressed to the following person (the Policy Administrator): Only the Policy Administrator or the Policy Administrators designated representative(s) is or are authorized by EcoTech to answer questions regarding this Policy, to comment on this Policy or to accept information regarding potential violations. You are using an out of date browser. For proof of your item being delivered and received by EcoTech, it is suggested that the products(s) be shipped via a carrier. stream I don't get why I bought a chip and it was faulty and now I have to jump through loops to get a replacement? If a copy of the original purchase receipt is not available, your warranty will be based upon your product's serial number. I recently put an order in on 11/2 for some Mobius chips to upgrade my pumps. Is my ETM (and brands) product warranty the same. Questions, Additional Information or Information Regarding Potential Violations. For all international warranty service claims, please contact your domestic distributor. Notwithstanding anything to the contrary which may be expressed or implied in or by one or more agreements between a Retailer and EcoTech or such Retailer and the distributor(s) from which such Retailer obtains any or all of the Covered Products, nothing therein shall constitute an agreement by such Retailer to comply with this Policy, as, among other things, this Policy is not and should not be construed to be one of the EcoTech Policies as such term is or may be used in any or all of such agreements. I got into contact with Cade and he was trying to work with me to get information.
This FAQ is designed to assist in the interpretation of the EcoTechs MRP policy legal document that follows this FAQ. For the fourth violation during a Policy Period: If (i) the offending reference(s), text or conduct that caused the third violation is or are not removed or stopped (if EcoTech determines that it or they can be) after receiving notice of such third violation from EcoTech (A), in the case of a violation involving the Internet, no later than one (1) business day later, and (B), in all other cases, no later than three (3) business days later or the conclusion of the time period otherwise specified by EcoTech or (ii) such Retailer violates this Policy a fourth time with the same item(s) of the Covered Products or violates this Policy with any other item(s) of the Covered Products, effective as of the date specified in notice from EcoTech to such Retailer and continuing until EcoTech provides notice to such Retailer otherwise, if ever, the authorization of such Retailer to purchase any or all of the EcoTech products designated by EcoTech is immediately revoked by EcoTech, so that all pending orders (even if accepted) will be cancelled and no new orders will be accepted from such Retailer for any or all of such products.