Pacbrake history goes back to 1961. Research and development is a key part of the success at Pacbrake. With multiple laboratories and testing facilities, they ensure all products are engineered for the best possible integration.
Using advanced design methodologies, modern CAD tools and high end simulation packages, Pacbrake is able to substantially reduce development and testing time. Cell manufacturing capabilities utilize the latest practices in lean manufacturing.
Pacbrake Company (“Pacbrake”) have unilaterally implemented the unilateral pricing policy described herein (the “Policy”) effective January 1, 2021 (the “Effective Date”). This Policy applies to each Pacbrake Partner Dealer (“Dealer”) and Warehouse Distributor (“WD”) located in the United States (the “US”) and Canada and covers the Pacbrake branded products (the “Products”) described in our USA and Canadian Price lists (the “Price Lists”).
Although each Dealer or WD remains free to establish its own resale prices, after Pacbrake verifies, at its sole discretion that a Dealer or WD has violated the Policy, Pacbrake will, without assuming any liability, immediately revoke and terminate the authorization of the Dealer or WD (the “Violator”) to purchase the Products.
A Dealer or WD will violate the Policy in any of the following ways: by “offering” (through advertising, promotion or otherwise and regardless of place, channel or medium used), by “selling” (in-store, online, through a catalog or otherwise) or by “providing” (except in exchange for bona fide returns) one or more of the Products in the US or Canada at a net adjusted price less than the current minimum resale price (the “MAP Price”) established and posted by Pacbrake on its current Price Lists.
On the effective date of a Dealer’s or WD’s termination as a result of a violation of the Policy, all pending orders from the Violator for any of the Products may be canceled and no new orders for any of the Products may be accepted unless the Dealer is reinstated in accordance with Section 3.
A terminated Dealer or WD may be offered reinstatement to purchase Products (“Reinstatement”), at Pacbrake’s sole and absolute discretion, upon providing evidence to Pacbrake that its violation of the Policy was the result of an unintentional clerical or administrative error. If Dealer or WD is terminated for violation of the Policy three (3) times in any twelve (12) month period, the Dealer or WD will not be considered for reinstatement for a minimum of three (3) months from the date of the third termination. Pacbrake’s determination whether to issue a reinstatement of a Dealer or WD is solely a unilateral decision of Pacbrake and will not be based on any agreements, representations, or promises of Dealer or WD to comply with Policy.
For purposes of the Policy, “net adjusted price” means the lower of: (i) the price at which a Product is offered by a Dealer to a customer; or (ii) the price actually paid to a Dealer for a Product by a customer, which is determined by: a) Applying all discounts, deductions, rebates, promotions (i.e. e-commerce platform sponsored discount coupons), and allowances made available or provided to the customer; and b) Excluding applicable taxes, shipping, delivery, and insurance charges, and installation of the Product.
The Policy (including without limitation the Price Lists) may be modified, extended, suspended, discontinued, or rescinded in whole or part by Pacbrake, at its sole discretion at any time with or without notice. Pacbrake will not discuss any conditions of acceptance related to the Policy. In addition, Pacbrake neither solicits nor will Pacbrake accept, any assurance of compliance with this Policy.
Notwithstanding anything to the contrary which may be expressed or implied in or by one or more agreements between a Dealer or WD and Pacbrake, nothing therein shall constitute an agreement by such Dealer or WD as in compliance with the Policy.
All questions, inquiries, or requests for additional information regarding the Policy or information regarding potential violations of the
Policy must be addressed to the Pacbrake Management:
19594 96 Ave
Surrey, BC CANADA
Only the Pacbrake Management is authorized by Pacbrake to answer questions regarding the Policy or pricing, to comment on the Policy, or to accept information regarding potential violations.