Fondmetal’s history began in 1970 in Palosco, Italy as an aluminum foundry by Gabriele Rumi. Stefano Rumi, son of Gabriele is the present owner of the company.
Gabriele Rumi had a passion for cars and racing and saw a demand for the manufacturing of parts for the automobile industry. In Palosco they made induction manifolds, water conduits, clutch bellhousing, oil sumps, cylinder heads and engine blocks for clients such as Maserati Biturbo, Fiat, Iveco, OM and Magneti Marelli.
For Gabriele Rumi this was not enough. He found himself too reliant on his customers in a sensitive time period following the oil crisis. This led him to the courageous decision of launching his own product line.
The choice of product was alloy wheels due to his involvement and passion for the automobile industry. From there the Fondmetal brand grew and was established as a leader in forged and cast wheel design, engineering and manufacturing in Italy.
In order to protect our dealer network and the prestige of Fondmetal USA as a brand, Fondmetal
USA has unilaterally adopted the following Minimum Advertised Price policy (“MAP Policy”). We
recognize that advertising practices that promote our products primarily on the basis of price could
damage our brand image and the valuable goodwill we have developed in our trademarks. Our goal
in establishing this MAP Policy is twofold. We want to ensure that all Fondmetal USA products are
advertised and promoted in a way that will maintain the integrity and reputation associated with
Fondmetal USA’ products. We also want to deter discounters from free riding on the efforts of our
dealers in marketing and promoting our brand.
This unilateral MAP Policy applies to all resellers of products sold under the Fondmetal USA brand
name (“Products”). Fondmetal USA is not seeking agreement from any reseller to comply with this
MAP Policy.
It is entirely within each reseller’s discretion to comply or to not comply, however non-compliance
may result in termination of business relationship between Fondmetal USA and the reseller.
1. Resellers may not advertise any Products below manufacturer’s MAP. The MAP will be
unilaterally established, updated and revised by Fondmetal USA, from time to time, in its
sole discretion. If a product is not listed on the most current MAP price sheet, or new
product release sheets, it is not subject to this MAP Policy. For avoidance of doubt, all
resellers remain free to set prices independently and to independently determine whether
to abide by or disregard this MAP Policy.
2. The MAP Policy applies to all forms of advertisements in any and all media, including,
without limitation, in-store, flyers, posters, coupons, direct mailers, brochures, inserts,
newspapers, magazines, catalogs, mail-order catalogs, public signage, other print media,
television, radio, email, Internet websites, e-commerce, any method which uses the
hypertext transfer protocol (http) or any internal link to a web-based shopping cart, and
other electronic media that communicates to the public.
3. Fondmetal USA’ Products may only be advertised as standalone product and may not be
advertised to include promotional allowances. Resellers may not advertise coupons, cash
rebates, buy one (or more)/get one, free premiums, free or discounted products, reward
programs, or bundled promotions (whether with Fondmetal USA or another manufacturer)
with a Product, if it has the effect of lowering the advertised price of the Product below the
MAP.
4. Free shipping and/or handling or free financing promotions do not violate the MAP Policy.
Promotions that provide a free gift with purchase are not a violation of this MAP Policy
provided the gift is not Fondmetal USA branded Product. Promotions commonly referred to
as “Friends and Family Sales Promotions” are not a violation of this MAP Policy provided
that these promotions (a) occur no more frequently than twice per calendar year and for
periods no longer than one week at a time, (b) are offered only to a limited group of prior
loyal customers and family members of the retailer, (c) are not advertised through digital
means, and (d) require original non-transferrable invitations.
5. The MAP Policy does not apply once an item is placed in a customer’s “virtual shopping
cart” on an Internet website. However, “Click for price,” “Call for price,” “Click here for lower
price,” “See price in cart,” “Log-in for price,” “Add to cart for lower price,” “Check cart for
lower price,” Mouse over for price,” “Email for (better) price,” or the like, on a website that
displays an advertised price lower than MAP is a violation of this policy. Fondmetal USA’
MAP Policy does not in any way limit the ability of any reseller to advertise that “they have
the lowest prices” or use other phrases of similar meaning. Prices may be omitted from
advertisements.
6. From time to time, Fondmetal USA may engage in promotions with respect to certain
Products. In such events, Fondmetal USA reserves the right to modify or suspend the MAP
Policy with respect to the affected Products. Fondmetal USA further reserves the right to
unilaterally suspend, amend, or adjust the MAP Policy at any time with respect to all or
certain Products in its sole discretion. Fondmetal USA’ primary, non-exclusive method of
communication will be via its price sheets for resellers.
7. Fondmetal USA may monitor advertised pricing of Products. If a reseller advertises
Products in a manner inconsistent with this MAP Policy, to prevent any damage to brand
integrity, Fondmetal USA may unilaterally and without further warning, discontinue its
business relationship with such retailer. While Fondmetal USA reserves the right to
immediately terminate any reseller for any violation of the MAP Policy, Fondmetal USA
understands that there may be instances where a violation is inadvertent. Fondmetal USA
does not seek or invite, and shall not accept, any reseller’s agreement to raise its resale
prices, cure the violation, or otherwise continue to abide by this policy.
8. This MAP Policy does not confer any direct or indirect rights on any reseller, as a third-party
beneficiary or otherwise. Resellers shall not discuss the resale prices of any other reseller
with any Fondmetal USA employee or representative, and Fondmetal USA will not respond
to complaints regarding the actions of a third party regarding this MAP Policy.
9. This MAP Policy is not a contract or agreement, and Fondmetal USA does not seek nor will it
solicit or accept any reseller’s agreement with our policy, nor will Fondmetal USA discuss
pricing of any reseller.
10. All matters of interpretation and application of the terms of this MAP Policy shall remain
within the sole discretion of Fondmetal USA. Fondmetal USA reserves the right to update,
revise, modify or discontinue this policy and pricing structure at any time without notice.
Fondmetal USA reserves the right to take any action, including termination of reseller relationships,
with respect to any reseller that violates MAP policies.
Violation 1
Violation 1 will be assessed in the instance any Fondmetal USA product is found to be advertised
below MAP or advertised in a manner that violates the guidelines set forth in the MAP policy.
Violation 1 will result in a notice from then which the reseller has a 48-hour grace period to comply
with the MAP policy. Note that the violations that are presented within the notice are not meant to
be exhaustive and there may be other violations that are not listed. We recommend that both the
MAP policy and catalog of products are reviewed carefully to avoid any future violations.
Violation 2
Violation 2 will be assessed in the instance any Fondmetal USA product is found to be advertised
below MAP or advertised in a manner that violates the guidelines set forth in the MAP policy after
the 48-hour grace period, or within 12 months of the assessment of Violation 1.
Violation 2 will result in a notice from then which the reseller has a 48-hour grace period to comply
with the MAP policy. Note that the violations that are presented within the notice are not meant to
be exhaustive and there may be other violations that are not listed. We recommend that both the
MAP policy and catalog of products are reviewed carefully to avoid any future violations.
Fondmetal USA reserves the right to take any action, including termination of reseller relationships
with respect to any reseller that violates MAP policies.
Violation 3
Violation 3 will be assessed in the instance any Fondmetal USA product is found to be advertised
below MAP or advertised in a manner that violates the guidelines set forth in the MAP policy after
the 48-hour grace period, or within 12 months of the assessment of Violation 2.
Violation 3 will result in the loss of drop shipping privileges for 30 days. Note that the violations that
are presented within the notice are not meant to be exhaustive and there may be other violations
that are not listed. We recommend that both the MAP policy and catalog of products are reviewed
carefully to avoid any future violations.
Fondmetal USA reserves the right to take any action, including termination of reseller relationships
with respect to any reseller that violates MAP policies.
Violation 4
Violation 4 will be assessed in the instance any Fondmetal USA product is found to be advertised
below MAP or advertised in a manner that violates the guidelines set forth in the MAP policy after
the 30-day suspension, or within 12 months of the assessment of Violation 3.
Violation 4 will result in the reseller being placed on a Do Not Sell/Ship list for 3 months and
termination of authorization to market and sell Fondmetal USA Products. Upon the assessment of
Violation 4, reseller will be prohibited from using Fondmetal USA’ intellectual property and must
remove all current product listings.
Besides monitoring and MAP policy enforcement we also develop a healthy relationship with your compliant sellers.