Retailer Service Requirements
1. General Provisions regarding Sales, Warranty Repairs, and Non-Warranty Service
1.1 Retailer shall ensure its Employees and Contractors, as defined in the Sales, Warranty Repair, and Non-Warranty Service Agreement (“Agreement”) between Kirby Opco, LLC, d/b/a The Kirby Company (the “Company”) and Retailer, treat prospective and current customers of the Products, as defined in the Agreement, with the utmost respect and professionalism.
1.2 Retailer and its Employees and Contractors shall diligently assist customers in their use of the Products and perform such additional customer service as good salesmanship requires and as the Company may reasonably request.
1.3 Retailer and its Employees and Contractors will be conversant with the Products and similar goods in general, so as to be able to explain the Products in detail to customers and prospective customers. Retailer and its Employees and Contractors will conduct themselves in a manner that reflects on the good name, goodwill, and reputation of the Company.
1.4 Retailer shall have the know-how to provide prompt, courteous, and efficient service and repairs to the Products. Retailer must have trained technicians who can perform any necessary service and repairs on the Products. All repairs performed under the Warranty, as defined in the Company’s Standard Terms and Conditions to Commercial Contracts (“Standard Terms”), and non-Warranty service Retailer performs must be done in a workmanlike manner, in accordance with the Warranty, Company-issued service manuals, professional standards, and applicable laws.
1.5 Retailer shall not, directly or indirectly, promote; assemble, fabricate, or otherwise manufacture; cause to be assembled, fabricated, or otherwise manufactured; buy; or offer for sale any goods that are non-genuine Kirby® goods. If Retailer promotes; carries in stock; offers for sale; or otherwise uses any non-genuine Kirby® goods, Retailer will face immediate consequences, up to and including the termination of the Agreement, and also be liable to the Company for all damages including, but not limited to, loss of revenue, assumed damage to the Kirby® brand, and all associated legal and collection costs.
1.6 Retailer must carry in stock at all times an inventory of genuine attachments and accessories for the Company’s Signature Series® vacuums (“Kirby Accessories”) sufficient to: (i) keep the upright and canister vacuum cleaners branded under the Signature Series (“Kirby Vacuums”) running optimally, and (ii) service and repair a consumer-end user’s Kirby Vacuum. Retailer must use genuine Kirby Accessories for all Warranty repairs and non-Warranty service.
1.7 The Company expects Retailer to have labor rates that are clearly explained to customers, including via a written estimate. If the final cost significantly exceeds the estimate, the customer should be contacted and informed.
1.8 Upon completion of Warranty repairs and/or non-Warranty service, the customer should receive an itemized invoice of all Kirby Accessories replaced.
1.9 Products left for Warranty repair or non-Warranty service should be properly identified to avoid any confusion or disputes.
2. Warranty Repairs of Products and Claims Submissions
2.1 Retailer and its Employees and Contractors shall adhere to the Company’s Warranty. Any adjustment outside the Warranty must be pre-approved by the Company.
2.2 Retailer must register with the business entity designated by the Company as the processor of Warranty claims (“Processor”).
2.3 Retailer must file Warranty claims with Processor by using Processor’s customer portal (“Portal”) within thirty (30) days of Retailer’s completion of a Warranty repair. In order for the provisions of Paragraph 2.7 below to apply, Retailer must complete all fields in the Portal, including, but not limited to: (i) model number, (ii) serial number, (iii) part number, (iv) quantity of nonworking, warrantied Kirby Accessories, (v) reason for claim, and (vi) Retailer account number. A claim number will be assigned to the claim/filing, and, once approved, Processor will ship the warrantied Kirby Accessories at no charge to Retailer. Retailer will be provided with the claim number, date of shipment of the warrantied Kirby Accessories, and the amount the Company will credit to Retailer’s account with Processor.
2.4 Kirby Accessories claimed under the Warranty must be installed by Retailer.
2.5 Retailer must hold all Kirby Accessories replaced pursuant to a Warranty repair for a minimum of thirty (30) days. Upon the Company’s request, Retailer must return the replaced Kirby Accessories to the Company within thirty (30) days of such request. If the replaced Kirby Accessories are not received within thirty (30) days from receipt of the call tag, any claim related to such Kirby Accessories will be denied. If such denied claim already has been paid, Retailer shall promptly reimburse the Company for such payments, credits, and/or Warranty parts provided.
2.6 The Company reserves the right to deny Retailer reimbursement for Warranty claims where the repair or claim is not submitted in accordance with the requirements herein and/or where Retailer has not provided prompt, courteous, and efficient repairs in a workmanlike manner, in accordance with the Warranty, professional standards, and applicable laws.
2.7 Credits due and owing for Warranty repairs will be issued to Retailer’s account with Processor at the end of each calendar month. Retailer will be compensated for Warranty repairs in accordance with the Company’s Ascend Program.
2.8 All Warranty determinations, including applicability and reimbursement, will be made by the Company, whose determinations shall be final and binding.
2.9 Retailer will immediately report to the Company all claimed or suspected Product defects.
3. Sales of Kirby Products
3.1 Retailer must sell genuine Products only.
3.2 Retailer may resell the Products online through its own e-commerce website. Retailer may not resell the Products on marketplace websites (e.g., Amazon, Walmart, eBay, etc.) without approval from the Company. Retailer is not authorized to sell the Products, directly or indirectly, at what Retailer knows or has reason to believe is at the wholesale level; sales of the Products are to be made to consumer end-users.
3.3 Retailer may not promote or offer or sell any Products: (i) if the name or serial number of that Product has been removed, defaced, covered, destroyed, or otherwise altered, or (ii) if Retailer suspects, knows, or reasonably should know that the sale will lead to the removal, defacement, covering, alteration, or destruction of any serial number. Retailer shall not in any way change, alter, participate in any change or alteration of, or reverse engineer any Products.
3.4 Retailer will resell the Products with all packaging and materials provided by the Company included.
3.5 Retailer is free to determine its own resale prices for the Products, provided, however, that Retailer’s failure to comply with the advertising guidelines set forth in the Company’s Minimum Advertised Price Policy (“MAP Policy”) may result in the termination of the Agreement or other business consequences as outlined in the MAP Policy.
