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Posts posted by V4V
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Now I also have a so called "verbal" agreement with my sales rep that he won't sell the CXP line to anyone else in my immediate area because I asked him to help me out on just that line mainly because 2 tint shops 12 miles away are the cut guys that we all hate dealing with there extremely cheap pricing on any car out there.....
by only offering the high end line such as the CXP they said they would do that for my because I don't offer any of the other products they make and that keeps the other dealers happy in there own minds.. go figure?? they want the same protection but only use the lower ends... weird but good for them and best of luck is what I hope for them.
Does that qualify as "restriction of trade" to the other ST dealers?
Doubtful.
Particularly in regards to the SunTek business model which is open to nearly anyone.
SunTek can support an exclusive agreement including a protected territory with this particular dealer since they were recruited from (let's assume) a competitive manufacturer. Frankly they can offer better pricing or terms as an incentive without being in violation of Robinson-Patman. Particularly for a limited time period; for example for a year.
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The response that the dealer contacted them rather than the other way around is disingenuous at best. If they made this deal with you and you held up your part than you have every reason to be upset. Trust is critical.
Everything else is secondary.
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