Retail Dealership Terms and Conditions

Simple Pump Co., LLC authorized retail dealer program requirements, benefits, and agreement terms

Version 9.0 - Effective May 14, 2024

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1. Selling Retail

As a retail-level dealer of Simple Pump Co., LLC products, your company:

a.Sells Simple Pump products RETAIL to end-users.
b.May NOT sell Simple Pump products wholesale to other businesses for them to retail.
c.Operates without exclusive territory unless Conditional Exclusivity has been granted by Simple Pump Co.
d.Has no minimum sales quota.
e.Does not have to hold stock but may do so.
f.Acts as the first point of contact in all post-sales support.

2. Discount Levels

a. Graduated Discount Levels

i.Every dealer receives the Standard dealer discount of 25% off MSRP upon acceptance as a Simple Pump Retail Dealer.

ii.If the dealer purchases more than $100,000 in a 12-month period, that dealer will receive a discount of 35% off MSRP for the next 12-month period.

iii.To retain the 35% discount a dealer must maintain a rolling sales total greater than $100,000 for the previous 12 months.

b. Stocking Discount

A dealer will receive a stocking discount of 35% off MSRP at any time with an order of at least $22,500 MSRP. ($14,625 net to Simple Pump after the 35% discount.)

3. Featured Dealers

a. Eligibility for Featured Dealer Status

Dealers achieve Featured Dealer status by surpassing designated sales thresholds as determined annually by Simple Pump Co. These thresholds are calculated at the beginning of each calendar year and are designed to recognize and incentivize top sales performance.

b. Benefits of Being a Featured Dealer

i. Website Recognition

Featured Dealers will be prominently listed on the Simple Pump Co. website, including a dedicated profile that highlights their business, contact information, and any special promotions they are offering.

ii. Marketing Support

Simple Pump Co. will provide enhanced marketing support to Featured Dealers. This may include:

1. Co-branded marketing materials and campaigns.
2. Prioritized feature in Simple Pump Co.'s digital marketing efforts, such as newsletters and social media posts.

c. Maintenance of Status

Once attained, Featured Dealer status is reviewed annually. Dealers must maintain their high sales volume and adhere to all dealer terms and conditions to retain their Featured Dealer status.

d. Review and Adjustment of Sales Thresholds

Simple Pump Co. reserves the right to review and adjust the sales thresholds for Featured Dealer status annually to ensure that the program continues to recognize exceptional dealer performance effectively.

4. Conditional Exclusivity

a. Granting of Exclusivity

i. Discretionary Grant

Simple Pump Co. may grant conditional exclusivity to dealers based on a comprehensive evaluation of their performance, customer service excellence, and strategic importance to the company's market coverage goals. This exclusivity is not automatic and is subject to Simple Pump Co.'s discretion.

ii. Review and Adjustment

Exclusivity is reviewed annually, with Simple Pump Co. reserving the right to modify or withdraw exclusivity based on the dealer's ongoing performance and alignment with company objectives.

b. Responsibilities and Expectations

i. Performance Standards

Dealers granted exclusivity must maintain the highest standards of performance and customer satisfaction.

ii. Feedback and Improvement

Dealers are expected to actively engage with customer feedback to continually improve their service. Regular audits and reviews will be conducted to ensure standards are met.

c. Termination of Exclusivity

i. Criteria for Termination

Exclusivity may be terminated if a dealer fails to meet the agreed standards or if market conditions change significantly.

ii. Simple Termination Process

Dealers will be notified in advance of potential exclusivity termination and given a reasonable period (e.g., 90 days) to address any deficiencies. If improvements are not made within this period, exclusivity will be withdrawn.

5. Payment

a.Dealers are invoiced Net 15.
b.Preferred payment is by Check.
c.Credit card payments will reduce your dealer discount by 3%.

6. Pricing Policy

Important Pricing Restrictions

No dealer may advertise Simple Pump pricing below listed MSRP. This protects your work marketing the Simple Pump.

a.No dealer may advertise Simple Pump pricing below listed MSRP. (This protects your work marketing the Simple Pump. No Web business can take sales off you just by advertising a lower price.)
b.Any language implying a price lower than MSRP is not permissible (e.g., "Best Price", "Will beat any quoted price by 10%", "Lowest Price", "Discount", "Sale" or any other similar term.).
c.There are two permissible exceptions:

i. SALES TAX

You may advertise in the following manner, "We pay the sales tax for in-state purchases". I.e., this is NOT advertised as a reduction on the price of the Simple Pump.

ii. PAYING WITH CASH

Cash payments (or cash equivalent - e.g., money order, check, bank draft) may be discounted at a rate equivalent to credit card charges.

7. Returns

a.It is highly unusual for a pump to be returned. If a pump is returned to you, we advise that you retain the pump to fulfill a future customer order instead of sending it back to Simple Pump.
b.If returning to Simple Pump, please note:

i.The dealer is responsible for all return shipping costs. Original shipping costs are non-refundable.

ii.Any parts with tool marks, scuffs or shipping damage are NOT eligible for refund.

iii.Parts eligible for refund will be subject to a restocking fee up to 10%.

8. Marketing

a.Your company may utilize Simple Pump Co.'s name, trademarks and logos within your online and offline marketing and sales materials and presentations.
b.Any such use MUST present the Simple Pump as a product sold by your company.
c.This use MUST NOT create the impression of, or present a business identity as being part of or a division of SimplePump Co., LLC.

9. Warranty

Simple Pump's products are warranted for supported applications. For details, see https://www.simplepump.com/warranty-and-return-policy/.

10. Indemnification

a. SIMPLE PUMP CO.

Simple Pump Co. will hold your company harmless from any loss or claim arising out of inherent defects in any of Simple Pump Co.'s products provided that your company gives Simple Pump Co. immediate notice of any problem or warranty claim and cooperates fully with Simple Pump Co. in handling the issue.

b. YOUR COMPANY

Your company will protect Simple Pump Co. and hold Simple Pump Co. harmless from any loss or claim arising out of the negligence or inaccurate communication by your company, its agents, employees or representatives, in the representation or warranty made with respect to Simple Pump Co.'s products.

11. Active Dealer Status

a. Definition of Active Dealer

An Active Dealer is defined as a dealer who has made at least one purchase within the last two years from the date of their last purchase. Active Dealers enjoy the benefit of being listed and promoted on the Simple Pump Co. website, which includes their contact information and a link to their website if applicable.

b. Benefits of Active Dealer Status

i. Website Listing

Active Dealers will be listed on the Simple Pump Co. website under the 'Find a Dealer' section to enhance visibility and accessibility to potential customers.

ii. Promotional Materials

Active Dealers may receive promotional materials and support from Simple Pump Co., subject to availability and company promotional policies.

iii. Marketing Support

Eligibility for co-operative marketing programs and campaigns designed to drive sales and increase dealer visibility.

c. Inactive Dealer Status

i. Definition

If a dealer fails to make a purchase within a two-year period, they will be automatically classified as an Inactive Dealer.

ii. Removal from Website Listings

Inactive Dealers will be removed from the 'Find a Dealer' section on the Simple Pump Co. website to ensure that potential customers are directed to active and engaged dealers.

iii. Database Update

Inactive Dealers will be marked as such in the Simple Pump Co. Dealer Database and will not receive the promotional and marketing benefits designated for Active Dealers.

d. Reactivation

i.Dealers can regain Active Dealer status by making a qualifying purchase as outlined in the purchase requirements of the Dealer Terms and Conditions.

ii.Upon reactivation, the dealer will be reinstated on the website and eligible for all benefits accorded to Active Dealers.

e. Communication

i.Simple Pump Co. will notify dealers prior to their status change to Inactive through the email address provided in the Dealer Agreement to offer a reminder and opportunity to remain an Active Dealer.

ii.It is the responsibility of the dealer to maintain up-to-date contact information with Simple Pump Co. to ensure receipt of all notifications and benefits.

12. Termination of Dealership

Simple Pump Co. may terminate your company's dealership for any of the following events:

a.Failure, for any reason, to comply with Simple Pump's ordinary practices such as, but not limited to, communication by email and submission of quote queries through the prescribed form.
b.Failure to pay invoices by the invoice due date.
c.Selling Simple Pumps as a wholesale distributor to other businesses.
d.Acting in an unprofessional, inappropriate, or unethical manner.
e.If your company is the subject of a proceeding in bankruptcy, placed in receivership, or enters an arrangement for the benefit of your creditors.
f.Conviction in a court of competent jurisdiction of your company, or of a significant partner, principal officer or major stockholder of your company, for any violation of law that, in Simple Pump Co.'s opinion, could affect adversely the operation or business of your company, or the good name, goodwill, or reputation of Simple Pump Co.
g.Neither party shall be liable to the other for any damages, losses, or expenses related to the termination of dealership.

13. Limitation of Liability

In no event shall either party be liable for any special, indirect, or consequential damages including without limitation, lost business, or lost profits, whether foreseeable or not, even if a party has been advised of the possibility of such damages, arising out of or in connection with the performance or non-performance of any services.

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Simple Pump Co., LLC
Version 9.0 - Effective May 14, 2024

These terms and conditions may be updated periodically. Dealers will be notified of any material changes.