DEALER SALES POLICIES
LENNOX RESIDENTIAL HVAC DEALER SALES POLICIES
Lennox Industries Inc. (including its Canadian affiliate Lennox Industries (Canada) ULC, “Lennox”) is a leading manufacturer of heating, ventilation, and air conditioning (“HVAC”) products. Lennox makes a significant investment in a consistent brand image, emphasizing high quality, reliability, and performance. Lennox expects that the sales activities of Lennox independent, third-party dealers and authorized online resellers, through whatever form, will not diminish the value of the Lennox brands. Effective February __________, 2025, Lennox has adopted certain Dealer Sales Policies set forth below (each, a “Policy” and, collectively, the “Dealer Sales Policies”) to protect its investment.
Lennox will unilaterally administer the Dealer Sales Policies which shall be effective only in the United States and Canada. There are no third-party beneficiary rights to the Dealer Sales Policies. Each Lennox dealer and online reseller is free to independently decide whether or not to follow the Dealer Sales Policies. Lennox does not ask for, nor will it accept any assurance of compliance or agreement from a dealer or online reseller regarding the Dealer Sales Policies, nor will Lennox discuss any conditions on acceptance related to the Dealer Sales Policies. A dealer’s or online reseller’s sale that is consistent with the Dealer Sales Policies is not communicating acceptance or agreement to comply with the Dealer Sales Policies.
The Dealer Sales Policies are subject to revision by Lennox in its sole discretion at any time. Lennox will provide notice of changes to any Policy on www.LennoxPros.com and copies of the current version of such Policy will be available upon request by a Lennox dealer or online reseller.
Each Lennox dealer and online reseller must comply with all applicable federal, state/provincial, and local laws and regulations applicable to its business and the promotion, sale, handling, or distribution of Covered Product (as defined below), including, without limitation, all applicable laws and regulations pertaining to the security and use of data, and operate in a professional and ethical manner. Dealers and online resellers must not engage in any unlawful, unfair, misleading, or deceptive practices.
I. LENNOX RESIDENTIAL HVAC ADVERTISING POLICY FOR LENNOX® MERIT SERIES, LENNOX® ELITE SERIES, DAVE LENNOX SIGNATURE® COLLECTION, AND HEALTHY CLIMATE® PRODUCTS
This Lennox Residential HVAC Advertising Policy (this “Advertising Policy”) sets forth guidelines for advertising HVAC equipment and parts sold under certain Lennox brands for use in a residential application and prohibits any advertising or marketing that may adversely diminish, detract, and/or damage the value of those products. This Advertising Policy has been established to enhance our existing efforts to protect the legacy of Lennox and to share the benefits of that legacy with dealers and online resellers. All Lennox dealers and online resellers must comply with its requirements.
SCOPE OF POLICY
- This Advertising Policy replaces any existing Lennox residential advertising policy, including, without limitation, the Advertising Policy for Dave Lennox Signature Collection Products.
- This Advertising Policy applies only to advertised prices and does not apply to the price at which Covered Products are actually sold or offered for sale. Dealers and online resellers remain free to sell Covered Products at any prices they choose.
- This Advertising Policy applies to all advertisements for Covered Products in any and all media, including, without limitations, newspapers, magazines, catalogs, public signage, other print media, television, radio, e-mail, Internet websites, e-commerce, social networks, mobile advertising, or any other electronic media.
COVERED PRODUCTS
- This Advertising Policy applies to equipment and parts sold under the following brands: Lennox® Merit Series, Lennox® Elite Series, Dave Lennox Signature® Collection, and Healthy Climate® (collectively, “Covered Product”).
- This Advertising Policy applies to all advertising and promotion of Covered Products in the United States and Canada.
- Certain products may be added or dropped from this Advertising Policy at Lennox’s sole determination. Lennox will provide dealers and online resellers with notice before a product item is dropped or added from this Advertising Policy.
- From time to time, Lennox may choose to offer special promotions on certain Covered Products. In such an event, Lennox reserves the right to modify or suspend this Advertising Policy in whole or in part by notifying dealers and online resellers of the duration and nature of the change.
ADVERTISING PRICES
- Dealers and online resellers cannot indicate pricing for any Covered Product in any advertisements below the list price stipulated by Lennox at such time.
- The listing of a specific price to a specific customer as part of a quote or proposal is not considered advertising by a dealer or online reseller and is not subject to this Advertising Policy. This includes, for example, a “shopping cart” price or “check out” price. By contrast, general prices listed on a marketplace (e.g., Amazon) or auction site (e.g., eBay) are considered advertisements and are subject to this Advertising Policy.
- Online advertising or any advertising that uses the Internet to deliver promotional marketing messages to consumers, including email marketing, search engine marketing, social media marketing, display advertising, web banner advertising, and mobile advertising, is considered advertising and subject to the terms and conditions of this Advertising Policy.
- Dealers and online resellers may advertise generally that “they have the lowest prices” or use other phrases of similar meaning without violating this Advertising Policy. It shall not be a violation of this Advertising Policy to advertise that a customer may “call for price” or “email for price,” or to use similar language, so long as no price below the then list price is listed. Additionally, it shall not be a violation of this Advertising Policy to advertise specific rebates or other discounts, so long as the advertisement does not indicate pricing for Covered Products below the then list price.
- This Advertising Policy does not apply to in-store displays, in-store banners, or in-store price markings.
CONDITIONS AND ENFORCEMENT
- Lennox will unilaterally monitor compliance with this Advertising Policy. Notices of non-compliance will be sent upon Lennox becoming aware of such non-compliance. A second non-compliance event within 24 months after the initial notice will automatically disqualify a dealer or online reseller from receiving any cooperative advertising funds for 90 days. Any further Advertising Policy violations within 24 months after the initial notice will result in Lennox unilaterally terminating its business relationship with the dealer or online seller.
- Lennox considers repeated violations of this Advertising Policy to be inconsistent with its brand image and market strategy. Accordingly, in such cases, Lennox may, at its sole discretion, take any additional action necessary to protect its brand image.
- Any advertising for Covered Products in place or agreed to in writing on or before the effective date of this Policy, will not be considered in violation of this Advertising Policy.
II. LENNOX RESIDENTIAL HVAC INTERNET SALES POLICY
This Lennox Residential HVAC Internet Sales Policy (this “Internet Sales Policy”) sets forth guidelines for the online sale of HVAC equipment and parts sold under certain Lennox brands for use in a residential application. This Policy has been established to enhance our existing efforts to protect the legacy of Lennox by ensuring Lennox equipment and parts are correctly installed to meet the performance and reliability expectations of homeowners and to share the benefits of that legacy with our dealers and online resellers. All Lennox dealers and online resellers must comply with its requirements.
SCOPE OF POLICY
- This Internet Sales Policy replaces any existing Lennox residential internet sales policy.
- This Internet Sales Policy applies when a Lennox dealer or online reseller of Covered Product (as defined below) sells product online via an Internet website or an online shopping marketplace (e.g., WalMart, Amazon, etc.).
COVERED PRODUCT
- This Internet Sales Policy applies to equipment and parts sold under the following brands: Lennox® Merit Series, Lennox® Elite Series, Dave Lennox Signature® Collection, and Healthy Climate® (collectively, “Covered Product”).
- This Internet Sales Policy applies to all online sales of Covered Product in the United States and Canada.
- Certain products may be added or dropped from this Internet Sales Policy at Lennox’s sole determination. Lennox will provide dealers and online resellers with notice before a product item is dropped or added from this Internet Sales Policy.
ONLINE SALES
A Lennox dealer or online reseller of Covered Product may sell product online via an Internet website or an online shopping marketplace subject to the following conditions:
- To protect the quality, integrity, and authenticity of Lennox products sold online, all Covered Products sold online by a Lennox dealer or online reseller must be purchased by that dealer or online reseller directly from Lennox.
- The dealer or online reseller will sell only those Covered Products it is authorized to sell. Online sales by a dealer or online reseller to other dealers or online resellers, i.e. “sub-distributors”) are prohibited without Lennox’s prior written consent.
- The dealer or online reseller will abide by all Lennox policies and terms and conditions applicable to the dealer or online reseller, along with the warranty statements delivered with the Covered Products.
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If applicable federal, state/provincial, and local laws, regulators, codes, or policies require that a licensed professional install the Covered Product, the dealer selling the product online must also provide the installation of the product. Online resellers selling the product online must verify any such sale is to a licensed professional and keep records of the same.
HEATING AND AIR-CONDITIONING SYSTEMS, AS WELL AS INDOOR AIR QUALITY EQUIPMENT, MUST BE INSTALLED ADHERING TO THE MANUFACTURER’S INSTRUCTIONS AND SAFETY GUIDELINES AND IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE/PROVINCIAL, AND LOCAL LAWS, REGULATIONS, CODES, POLICIES, AND LICENSING REQUIREMENTS. FAILURE TO PROPERLY INSTALL A SYSTEM WILL INVALIDATE THE EQUIPMENT WARRANTY. IMPROPER INSTALLATION OR SERVICE OF HVAC EQUIPMENT MAY CAUSE PROPERTY DAMAGE, SERIOUS INJURY, OR DEATH. PURCHASING EQUIPMENT OVER THE INTERNET, OR OTHER ELECTRONIC MEANS, WILL INVALIDATE THE WARRANTY, UNLESS THE DEALER OR LICENSED HVAC INSTALLER SELLING THE EQUIPMENT OVER THE INTERNET, OR OTHER ELECTRONIC MEAN, IS ALSO THE INSTALLING CONTRACTOR OR, IN THE CASE OF PURCHASING FROM AN AUTHORIZED ONLINE RESELLER OVER THE INTERNET, OR OTHER ELECTRONIC MEAN, IS PURCHASED AND INSTALLED BY A LICENSED HVAC INSTALLER.
- In the event the dealer or online reseller intends to sell Covered Product via an online shopping marketplace, the dealer or online reseller will provide Lennox with a list of all URLs of the applicable online shopping marketplaces prior to sale.
- If applicable federal, state/provincial, and local laws, regulators, codes, or policies require that a licensed professional install the Covered Product, prior to transaction completion of Covered Product via an Internet website or an online shopping marketplace, the following disclaimer must appear in a clear and conspicuous manner:
- Under no circumstances will the dealer or online reseller sell Covered Product through an online auction site.
- The dealer or online reseller may not bid on any advertising keywords that are trademarks, model numbers, or product names of Lennox International Inc. or any of its affiliate companies.
CONDITIONS AND ENFORCEMENT
- Lennox will unilaterally monitor compliance with this Internet Sales Policy. Notices of non-compliance will be sent upon Lennox becoming aware of such non-compliance. A second non-compliance event within 24 months after the initial notice will automatically disqualify a dealer or online reseller from receiving any cooperative advertising funds for 90 days. Any further Internet Sales Policy violations within 24 months after the initial notice will result in Lennox unilaterally terminating its business relationship with the dealer or online seller.
- Lennox considers repeated violations of this Internet Sales Policy to be inconsistent with its brand image and market strategy. Accordingly, in such cases, Lennox may, at its sole discretion, take any additional action necessary to protect its brand image.