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Is it legal to charge different prices to different wholesalers

Can a manufacturer charge different wholesale prices

         

Doug H Nutman

2:18 pm on Feb 1, 2009 (gmt 0)

10+ Year Member



Is it legal for a manufacturer to charge one person one price, and another a different price when they are buying in the same quantities and have the same type of business's? Are there any laws prohibiting companies from price manipulation to only certain customers? For instance, "A123" company has two customers. Both customers are in business and want to resell "A123"'s products. Both companies are buying in the same quantities, but because company "A123" knows that one of the resellers is only selling "A123"'s product, they decide to charge a higher price to this company because they know the company will have to pay it, due to the fact that it is there only product. The other company pays a lower price because they have multiple products from other manufacturers and don't neccesarily need the product from "A123".
Is this practice legal?

Quadrille

3:09 pm on Feb 1, 2009 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Depends which country you trade in.

Some companies, of course, would seek to favour the 'exclusive' merchant, in order to encourage exclusivity.

In many countries, an owner can sell at whatever price he and the buyer agree on - other customers are separate agreements. In other countries, there are some restrictions, but mostly on transparency.

But if I was (for example) a car dealer selling exclusively JimCars, and I discovered they were favouring a rival, multi-company dealer, then I'd stop selling JimCars exclusively - or maybe stop selling them at all, and start selling JaneCars exclusively instead!

It's not always possible to use the law - and it's often more effective to find a business solution - take your money elsewhere.

gpilling

3:59 pm on Feb 1, 2009 (gmt 0)

10+ Year Member



Yes it is legal (in the US and Canada anyway) and extremely common. I recently sold a manufacturing company, and we had 7 different wholesale levels. We based it on previous sales volume, as well as potential sales volume, and also how well the buyer 'sold' us on giving their company a better deal.

The better buyers continually hounded us for more discounts, and would always be sure to tell us what our competitor would sell it to them for. The result is that the big volume buyers ratchet their price down, and we would end up with price levels like (wholesale-10%-5%-2%) as a result of all the price grinding.

Sometimes two different companies would purchase the same quantity, but get different pricing. This happened not out of a plan on our part, but because one of the companies was a more aggressive negotiator than the other. If a company was moving a lot of product for their discount level, we would sometimes lower their price level in hopes that it would help increase their purchases even more.

Price levels weren't ever about the OP's idea of treating a single line seller poorly, more as a result of never having good enough information to sort out the BS from the truth. Everytime we looked at the pricing of our products, it was based on the assumption of selling at our lowest price level. If you want better pricing from your suppliers, then you should learn what their competition will sell it to you for. As the second poster says, there is a much better business solution than a legal one.

Doug H Nutman

5:16 pm on Feb 2, 2009 (gmt 0)

10+ Year Member



The challenge is that company is set up with wholesale pricing that it charges everyone who resells (except me). They classified me as something other than what I was ie. corporate discount rate instead of wholesale rate or reseller. I continued over a period of years to demand they reclassify me with everyone else that was reselling but they didn't. I can even document that I am one of the highest grossing purchasers from them, but the way I distribute the product is different from all the others.
Now they are trying to set up distribution based on my business model. Without me I might add...
It is an exclusive name brand product that can not be found elsewhere.

HugeNerd

6:25 pm on Feb 2, 2009 (gmt 0)

10+ Year Member



Doug H Nutman -- welcome aboard!

I work for a wholesaler/distributor...our response to your problem would be, well, "Your point?"

Of course we charge different people different prices! We use an absurd amount of criteria to segment the market and determine which price to charge an account:
Which product lines are being ordered?
Which items from the product line do you purchase the most?
Are the items stock? Are they non-stock? Special order?
What is your rate of return? Defective claimes?
Are the returns/defectives on lines we receive defective allowances from the manufacturer? Can we get an RGA/RMA from the manufacturer, or do we write-off the defectives?
How quickly do you pay upon order invoice? 30? 60? 90?
What's our profit margin from you likely to be?
How long have you been in business?
Do you shop us for pricing? Or are we your sole source?
What's your/your company's credit rating?
What is the manufacturer's rebate policy? Do we qualify? Does your yearly order level of a product line and item qualify for a rebate in and of itself?
Do you make large enough purchases to qualify for direct shipment from the manufacturer?
Do you have good relations with the Associated Distributors?
...the list goes on and on...at the end of which is:
How is your salesman feeling when he opens your account?
How much does he think he can charge you and still have you come back tomorrow?

The moral: Don't be offended, it's business. Our job is to make the most money off of you that we can. So, if we send you a bill and you pay for it, where's our incentive to lower your pricing?
I can tell you exactly how management around here would view your enquiry: We'll change your pricing structure if you can show us that we will make even more money by doing so or, if you threaten to leave and we value your business enough to chase you out the door. So, if you want lower pricing, prove you're worth it.

Doug H Nutman

8:22 pm on Feb 2, 2009 (gmt 0)

10+ Year Member



Pay cash, largest individual customer for the company, no returns, pick up product so no shipping like every other customer, company refuses to acknowledge that I am a 'real' business like the others. THey don't have a tiered system of pricing. They only have 25 styles of the same product. I am a licenced business in my state but because of how I distribute, they treat me different from every other business. Seems like discrimination of some sort to me...

Quadrille

11:30 pm on Feb 2, 2009 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Maybe, maybe not - but there's no-one to complain to; you'll simply have to do what's best for your business plan: change supplier, change your distribution method, or whistle Dixie.

They're doing it because they can. Without the specifics (which you cannot give us here), no-one can agree or disagree - with any certainty.

But even if we all agreed that they are unfair, how would that help you?

[edited by: Quadrille at 11:31 pm (utc) on Feb. 2, 2009]

JohnRoy

3:52 am on Feb 4, 2009 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Doug, did you send them a gift for the holidays?

Did you ship a pack-full-o-nuts & cookies & etc. with a "thank you" letter, to the persons in charge that are able to give you a better deal?

Did you provide some sort of kickback?

There's a new (stimulus) package coming.

How much $$$$Billion is for stimulus and how much for getting the deal done.

Got the idea? Try sending something... :)

Rugles

2:49 pm on Feb 4, 2009 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Its not discrimination. They are free to run their business however they want and charge you whatever they like.

If they upset you that much, drop their lines or pick up a competing product.