KOOKS Headers

The history of Kooks Headers & Exhaust dates back to 1962 when George Kook (Papa Kook) used his gas torch to build his first set of headers for his family race car.  Involved heavily in racing his talents did not go unnoticed by all the local racers. Papa Kook competed week in and week out at area drag strips.  The business of building high quality race headers and exhaust systems continues till this day.  For the past 50 years Kooks has concentrated its efforts in the racing world.  From drag to circle track, road racing, motorcycle, and even offshore boats, Kooks Headers has helped set records and win races.  Some of the biggest and most dominant names in NHRA, IHRA, NMCA, NMRA, NASCAR, SCCA, and NASA continue to run Kooks headers and win championships.  Kooks humble beginnings has now grown to a full fledge manufacturing facility with the help of George Kook Jr.  High quality and great customer service remains the number one priority that helps to set us apart from the rest.  You can expect that before and after your purchase as well as when you cross the finish line.

 

 

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2020 Minimum Advertised Price (MAP) policy 

This sets forth and explains Kooks Custom Headers, Inc.’s Minimum Advertised Price (“MAP”) Policy (the  “Policy”) applicable to all Kooks Headers’ resellers with respect to the advertisement of the Company’s products. Kooks Headers recognizes the value of resellers that dedicate resources to the support and promotion of its premium products to the marketplace. Such valuable services include but are not limited to: educating customers, installers, and other professionals on the unique qualities and features of the  Kooks Headers products, maintaining an adequate inventory of product on hand to ensure excellent and timely service to the customer, and using high quality promotional programs and practices to grow the overall demand for Kooks Headers products over the demand for any competitor’s products in the market.  Kooks Headers implemented this program to support resellers in achieving the Company’s goals of establishing and protecting a uniform and luxury quality image and reputation, promoting its brand and providing excellent service to the market. 

You should read carefully all of the information contained here. The Company’s advertised pricing and advertising allowance policies are explained. You should keep this information for future reference. No representative of Kooks Headers other than George Kryssing (Kook Jr), President has the authority to speak to or modify the terms and conditions of this Policy. 

THIS POLICY ADDRESSES ONLY ISSUES SURROUNDING THE ADVERTISEMENT OF PRICES. ALTHOUGH  KOOKS HEADERS SUGGESTS RESALE PRICES, THIS POLICY DOES NOT REGULATE ACTUAL SELLING PRICES. 
Part A 

A Kooks Headers reseller remains free to establish its resale prices. However, a reseller may not advertise or promote Kooks Headers products at a Net Price below the MAP established from time to time by Kooks  Headers. 

In the event that a reseller violates Part A of this Policy: 

1.) First Violation – Reseller shall receive verbal notification of the violation which explains the consequences of continuing violations. 

2.) Second Violation – Reseller shall receive notification by letter or email of the violation which explains the consequences of continuing violations. 

3.) Third Violation – Non-compliant reseller will not be entitled to its traditional full discount off of retail pricing for thirty (30) calendar days from the date Kooks Headers discovers the Third  Violation. 

4.) Fourth Violation – Kooks Headers shall suspend doing business with reseller for a period to be determined at the sole discretion of Kooks Headers. 

Part B 

A Kooks Headers reseller or distributor and its customer remain free to establish their own resale prices.  Kooks Headers resellers are not authorized to sell Kooks Headers products to entities or persons that advertise or promote Kooks Headers products at a Net Price below the MAP established from time to time by Kooks Headers. This will ensure that a high-quality image of Kooks Headers products is presented uniformly at every level of the distribution channel. 

Distributors are responsible for advising their customers of the Kooks Headers MAP Policy and the consequences of violations by distributors’ customers. To ensure that this Policy is uniformly and correctly described to distributors’ customers, we have attached suggested language for use when communicating this information. 

In the event a reseller violates Part B of this Policy by providing Products to any entity or person that  advertises or promotes Kooks Headers products at a Net Price less than MAP:  

1.) First Violation – Reseller shall receive verbal notification of the violation which explains the consequences of continuing violations. 

2.) Second Violation – Reseller shall receive notification by letter or email of the violation which explains the consequences of continuing violations.  

3.) Third Violation – Non-compliant reseller will not be entitled to its traditional full discount off of retail pricing for thirty (30) calendar days from the date Kooks Headers discovers the Third  Violation.  

4.) Fourth Violation – Kooks Headers shall suspend doing business with reseller for a period to be determined at the sole discretion of Kooks Headers.  

For the purposes of determining the applicable sanction, violations of Part A and Part B will be treated separately. Therefore, if a reseller violates Part A and then violates Part B, the non-compliant reseller will  be sanctioned under Part A and Part B for the first violation of each, not treated as if the Part B violation  is a “Second Violation.” 

Violations  
  • By advertising or promoting (regardless of place or medium used) one or more of the Products in the US at a Net Price less than the then-current MAP established by Kooks Headers. This includes any price published on the Internet, including but not limited to prices displayed through links,  pop-ups and other methods of publication on the Internet, even thru another website. For  example, reseller may not include statements such as “click here for best price” or “click here to  see pricing.”  
  • Reseller is prohibited from selling any Kooks Headers products to any reseller who has violated the terms of this Policy.  
  • By offering, selling, advertising, or providing one or more of the products below the minimum  advertised price on any Internet auction site, including but not limited to ebay.com, ubid.com,  bidz.com, yahoo.com, MSN.com, Amazon.com, Auctionweiser.com, AuctionAddict.com, Auction Warehouse.com, Auctionet.com, Auctions.com, Dealspin.com, FairAuction.com, Auctionscape.com, InternetAuctionList.com, ItsGottaGo.com, BuyItSellIt.com, Auctionguide.com, and epier.com, or by selling one or more of the products to any person or entity, which distributor knows or should reasonably know might offer or sell the products on an Internet auction site.

A reseller remains free to state under the pricing posted in any medium (e.g., TV, paper, Internet) that the customers may “call directly for pricing” or “contact directly for quote” and include a telephone number or email address for use by the potential customer. This Policy does not regulate the final price of Kooks  Headers products shown on a website’s “shopping cart.” 

MAP Level 

Kooks Headers has established a MAP of 10% off of Kooks Headers’ Manufactured Suggested Resale Price for Kooks Headers dealers and 10% off of Kooks Headers’ Manufactured Suggested Resale Price for all of  Kooks Headers products. Net Price shall mean the stated price less all discounts, coupons, allowances,  and free goods or services offered with Kooks Headers products. Kooks Headers reserves the right to change its MAP level on 30 days’ written notice. 

Unilateral Policy 

Each reseller remains free to determine for itself the resale prices at which it will sell Kooks Headers products, and each reseller is free to decide independently whether or not to follow Kooks Headers’ MAP  Policy. Kooks Headers does not ask for, nor will it accept, any assurance of compliance or agreement from a reseller regarding the prices at which it resells its products, nor will Kooks Headers discuss any conditions or acceptance related to this Policy.  

Honest mistakes or inadvertent errors may be considered a violation of this Policy. The actual circumstances, as determined independently by Kooks Headers, will dictate the manner in which Kooks  Headers addresses a situation where a reseller is claiming honest mistake. Kooks Headers will make any and all decisions related to the imposition or nature of any sanction or penalty unilaterally.  

This Policy may be modified, extended, suspended, discontinued or rescinded in whole or in part by Notice from Kooks Headers at any time. Any such Notice will describe the nature of any such modification,  extension, suspension, discontinuation or rescission of the Policy. If there is any disagreement over the interpretation or enforcement of this Policy, Kooks Headers’ view will control.  

Kooks Headers will determine whether products are being advertised in violation of this Policy and will implement this Policy uniformly and consistently with applicable laws. All decisions by Kooks Headers to take action for a violation of this Policy are final. There will be no negotiation. This Policy does not apply to discontinued merchandise or closeouts as clearly identified by Kooks Headers.  

Suggested Language for Explanation of Kooks Headers’ MAP Policy  

One of our suppliers, Kooks Headers, recently established and implemented a minimum advertised price  Policy. Kooks Headers’ Policy clearly states that resellers are free to set their own resale price.  

The Policy prohibits the use of any form of advertisement reflecting a “net price” less than 10% below  Kook Headers’ manufacturer’s suggested retail price. Under Kooks Headers’ Policy, “Net Price” means the stated price less all discounts, coupons, allowances, and free goods or services offered with Kooks Headers products.  

We wanted to alert you to the Policy because it also makes clear that Kooks Headers resellers are not authorized to sell Kooks Headers products to entities or persons that advertise or promote Kooks Headers products at a Net Price below the MAP established from time to time by the supplier. 

If you have any additional questions, please contact the Sales Department at 1-866-586-KOOK (5665). Kooks Headers and Exhausts appreciates your continued support. 

Sincerely, 

Kooks Headers and Exhausts