RE: Re: Clipsal Ulti

["K. C. Li" <li@xxxxxxxxx>]

On Tue, 28 Mar 2006, Nigel Giddings wrote:

> I have to say that the situation appears less than straight forward.

You seem to be implying that there is price fixing going on. From our
experience of dealing with Schneider Electric (Clipsal's parent company),
there is no demand or instructions from them on what price we could sell
at. We could sell at whatever price we see fit. There are recommended
retail prices and various levels of trade discounts, just the same as
almost any other products or services.

> It is my understanding that Australian outlets are instructed not to
> sell to the UK, yet they are allowed to sell to other countries.

There was a legal case a while ago of Levi vs Tesco. Tesco was importing
Levi jeans from official distributors and sometimes retailers in the USA
and were selling them at discounted prices. A court case, counter court
case and appeals ensued but Tesco eventually lost. The legal case
establishes that the Trademark Directive allows brand owners to restrict
access to their products, at least outside the EEA.

References:

Zino Davidoff SA vs. A&G Imports
Levi Strauss & Co and Levi Strauss (UK) Ltd vs. Tesco Stores and Tesco
plc
Levi Strauss & Co and Levi Strauss (UK) Ltd vs. Costco Wholesale UK Ltd
European Court of Justice (20 November, 2001)

> they are agents for 'other' Clipsal products. After 6 weeks of being
> given the run-around my wholesaler called me and apologised saying
> that Clipsal were being obstructive and that he could not get any
> trade discount.

That has nothing whatsoever to do with price fixing. Schneider Electric
have reorganised their distribution channels recently and imposing stock
conditions to enhance their product availability. Any company acting as no
more than ordering points (ie. they don't hold any stock themselves) would
find that their dealers' discounts are reduced proportionally.

If you had supported us with your business, you might have found that we
could probably supply your C-Bus requirements from stock.

Regards,

Kwong Li
li@xxxxxxx
Laser Business Systems Ltd.
http://www.laser.com
http://www.cbus-shop.com