PRODUCT QUALITY POLICYZebra Technologies Corporation (“Zebra”) and its subsidiaries have implemented this Product Quality Policy, which establishes our expectations for the care and handling of Zebra products (“Products”) by resellers of the Products in the United States and Canada (“Resellers”).
1. PRODUCT QUALITY AND HANDLING
(a) If Resellers identify any damage or defect to a Product or its packaging, Resellers shall not offer such Product for sale. Resellers shall report any concerns related to Product quality to Zebra.
(b) Resellers shall not advertise or sell Not New Products as new. For purposes hereof, “Not New Products” shall be:
(i) Products that are acquired from existing customer installations, liquidations, bankruptcies, lease terminations or expirations, and any other similar resource;
(ii) Products that, at any point in its lifecycle, have been used by an end user, used as demonstration equipment, or considered defective (per manufacturer’s specification);
(iii) Products that, at any point in its lifecycle, have been loaded with software, sold to, leased, rented or shipped to any party by the originating party and then returned, whether they were used or not.
Products returned to Reseller in their original unopened packaging will not be considered Not New. Resellers shall retain and share with Zebra upon request all records pertaining to such Products, including, without limitation, Product serial numbers, the source and sold-to customer thereof, and the date on which the transaction involving such Products occurred.
(c) Resellers shall not tamper with or alter any serial number, UPC code, or other identifying information on Products or its packaging.
(d) Resellers shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products.
(e) Resellers shall fully cooperate and comply with Zebra’ reasonable instructions regarding any Product recall event, necessary safety information dissemination effort or other voluntary or involuntary action in which Zebra participates to the extent related to the Products. A Reseller shall promptly inform Zebra if it obtains any information that could indicate a safety, quality, regulatory or other legal concern associated with any Product.
2. RESALE ON ONLINE MARKETPLACE AND AUCTION SITES
In furtherance of Zebra’s efforts to protect the value and goodwill associated with its brand and to prevent end user confusion, Resellers shall not sell Products on shopping sites (“bots”) (for example, mylamon.com, dealtime.com and bottomdollar.com), marketplace sites (for example, Amazon Marketplace, Walmart Marketplace, Google Marketplace), drop ship accounts (for example, Rakuten.com, Newegg.com, Overstock.com, Jet.com), or classified sites (for example, Craigslist and Facebook Marketplace), without Zebra’s prior written authorization, which may be granted or refused at Zebra’s sole and absolute discretion. Additionally, Resellers shall not sell any Products on auction sites (for example, ubid.com, eBay.com and Buy-it Now).
3. MINIMUM ADVERTISED PRICE POLICY
Zebra has a unilateral Minimum Advertised Price (“MAP”) Policy, which is available online. This section is intended to inform Resellers of the MAP Policy. Zebra does not seek, nor will it accept, any assurance of compliance with the MAP Policy from any Reseller.