Communication Markets Division Distributor

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1 Communication Markets Division 2012 Distributor Price Page Effective January 1, 2012 This 3M Communication Markets Division 2012 Distributor Price Page document replaces the June 1, Distributor Price Page document and is hereby incorporated into your Distributor Agreement as of January 1, Communication Markets Division Distributor General Information Customer Service 800 Number: 3M Communication Markets Division (CMD) Customer Service Department is located in Austin, Texas, and can be reached tollfree by dialing The recorded message will instruct you to: Press * If you know the 7-digit 984-XXXX telephone number of the 3M CMD person you wish to reach. Press 2 for warranty service and repair Press 3 for technical support, customer service and all other inquiries Press 4 for emergency-only after hours technical support. Then Press 1 for Locating and Marking support Press 2 for Copper, Fiber and Diagnostic support Press 5 for cabinet expansion design alternatives Address and Hours of Service: Mailing/Courier Address: 3M Communication Markets Division Customer Service 6801 River Place Blvd. A130-2N-86 Austin, TX Hours: 7:00 AM 5:00 PM Central Time Zone Facsimile: CMD Distributor Support Team: Price Pages Pam Jones pdjones@mmm.com Distribution Sales Manager Gayla Clark gaclark1@mmm.com Requests for Quotation/Project Registration Roxanne Dunegan Contract Administration cmdmail@mmm.com EDI/Order Center Nate Goldston option 3 MyTelecom Extranet CMDDirect@mmm.com MAP Co-op Program Nikki Odom nodom@mmm.com Select Rewards Whitney Harlan wkharlan@mmm.com Website Advertising, Trade Show, Promotional Support: To obtain specific information as to advertising and promotional support, please contact your local 3M CMD Sales Representative or contact Nikki Odom on Literature: To obtain literature or Product Catalog, please contact your local 3M CMD Sales Representative. To identify your local representative, contact your Customer Account Analyst in Customer Service. Manuals: All Test Equipment products are shipped with one copy each of an operating manual. Additional operating manuals/instructions for current products and some discontinued products are available through the Repair Center. Contact the Repair Center at 3MRepair@mmm.com or Page 1

2 Programs, Policies, Terms and Conditions Point of Sale Reporting: By the 15th of each month, DISTRIBUTOR will provide 3M with a point of sale report for the preceding month, which shall include, for each sale, the customer name and address (including zip code), 3M Product number, quantity sold, DISTRIBUTOR cost of quantity sold and DISTRIBUTOR total cost for units sold. Reports shall be sorted first by state, then by end customer with subtotal on end customer; totals on each state; and grand total for the month. DISTRIBUTOR shall provide the above information in an electronic file in ASCII format with file name and record layout. Request for Quotation Policy: All Requests for Quotation are to be sent to 3M CMD Contract Administration at cmdmail@mmm.com and direct all other inquiries regarding special pricing to CMD Distribution Sales Manager to discuss specific opportunities. However, no special pricing will be honored without a completed Quotation form signed by CMD Distribution Sales Manager. No verbally quoted pricing will be accepted. Quotation number must appear on purchase order. Quotations are valid for 90 days, with the same Terms & Conditions of Sale stated herein. Title: Title, risk of loss or damage to the goods shall pass to Buyer at the time Seller puts the goods in the possession of the carrier, unless otherwise agreed in writing at time of order entry. Transportation Charges: F.O.B. Point of Shipment. Transportation charges are prepaid and charged back to the customer on a zone basis from the 3M shipping location to destinations within the continental limits of the United States. Transportation costs will be determined on a zone basis and charged back on the face of each customer invoice. Note: Orders requiring a copy of the original freight bill at time of invoicing will not be accepted. Generally, orders specifying freight collect will be accepted and routed on the designated carrier. Billings: All invoicing is at net price plus transportation charge, unless otherwise indicated. Terms: Net 30 days; terms of sale is U.S. dollars. Distributor Stock Rotation Exchange Program: 3M CMD requires a stock rotation request to be mutually agreed upon by the 3M Customer Account Analyst and the Authorized Distributor. The Stock Rotation Exchange Program provides the distributor an opportunity to exchange slow moving items per the process and requirements stated below. Any CMD Authorized Distributor headquarter location is eligible. 5% of the total previous calendar year sales are eligible for stock exchange during the current calendar year. One fourth of the 5% will be allowed on a quarterly basis by issuance of an equal-value Return Authorization (RA) and purchase order (PO) per quarter. Quarterly returns by Distributor must exceed $250 and ship freight prepaid. The stock rotation exchange process must be initiated by the distributor within 30 days of the end of each calendar quarter, e.g. the transaction for the first quarter must be initiated by April 30. Unused quarterly exchange balances expire if not utilized in the applicable quarter and may not be carried forward. Distributor will obtain an RA number from Customer Account Analyst. A PO for equal value of the exchange must be placed at the time of the RA request and must reference the RA number. Customer Account Analyst will process through distributor corporate headquarters. Returned material is to reference the RA number as part of the shipping address. To qualify for exchange, material must be on shelf at distributor s location a minimum of 6 months but no longer than 1 year from date of purchase. All material being returned must be in original unopened cartons with full ship unit quantities. If opened cartons are received as part of rotation, this material will be scrapped with no credit. The current price pages determine which products are returnable. Only those products marked with a Y in the Eligible for Return column of the current price pages are returnable. All products marked with an N are not returnable. In the event Distributor ships 3M any non returnable products, they will be scrapped with no credit. Discontinued items will not be accepted for stock rotation. If distributor cannot provide proof of purchase, the lowest prior-year pricing will be used. To be eligible for participation in the Stock Rotation Program, the Distributor must be current on all accounts payable to 3M and Distributor s average days to pay for the previous twelve months must be within 3M payment terms. Page 2

3 Policies Return Goods Policy (Outside of Stock Rotation Policy): Written pre-authorization for the return of Products for credit must first be secured from the 3M CMD Customer Service Department with the issuance of a material return authorization (RA) number. An RA expires thirty (30) days after issue. An RA can be secured if the following general conditions apply: RETURN AS A RESULT OF 3M CMD ERROR - Full credit for return if requested within 15 days of receipt of goods; 3M CMD pays freight. ALL OTHER RETURN REQUESTS - All returns will be assessed a restocking fee of 20%. All returns must have a minimum return value of at least $ All returns must be prepaid. Returned material must reference the assigned RA number as part of shipping address or it will not be accepted by 3M. All material being returned for credit must be in original unopened cartons with full ship unit quantities, and in salable condition. All returned material is subject to incoming inspection prior to credit being issued. 3M reserves the right to judge salability. If material is returned in opened or damaged cartons, or 3M, in its sole discretion, deems a product to be in unsalable condition, the material will be scrapped with no credit. The original purchase order information must accompany a return request. Credit will be issued at the price in effect on the date of purchase less the restocking fee. To be approved for return, the material must have been purchased from 3M CMD within 6 months prior to the date of the return request. Total returns allowed for one calendar year are limited to 5% of the value of material purchased by DISTRIBUTOR during the previous calendar year. (Including stock rotation returns) The current price pages determine which products are returnable. Only those products marked with a Y in the Eligible for Return column of the current price pages are returnable. All products marked with an N are not returnable. In the event Distributor ships 3M any non returnable products, they will be scrapped with no credit. All FDST 08 s and all ECAM FD s and all ECAM FCA s are non-returnable. Discontinued items will not be accepted for return. See Obsolete/Discontinued Product Return Policy. To be eligible for return privileges, Distributor must be current on accounts payable to 3M and Distributor s average days to pay for the previous twelve months must be within 3M payment terms. Obsolete/Discontinued Product Return Policy: 3M CMD will make every effort to provide Authorized Distributors a minimum of 30 days notification of the manufacture discontinuation of items from its product line. If an Authorized Distributor is stocking an item to be discontinued and wishes to return quantities that qualify under the provisions of the Return Goods Policy, the Distributor must submit this request in writing to Customer Service prior to the effective date of the product discontinuation. If no such action is taken, the transaction will be considered complete. Distributor would be allowed to return test equipment back to 3M within 30 days of notification of any upgrades to said test equipment. Only one level of upgrade will be allowed (e.g..4 to.5, but not.3 to.5). This process may be repeated as often as necessary within one year of purchase. This will ensure that distributor will have the latest version equipment for resale. Export of Products by Distributors: Sale of all products whose ultimate destination is outside the 50 U.S. states, should be transacted through the Global Channel Services (GCS) organization of the 3M Innovative Properties Company. This policy applies to all products sold to distributors that are purchasing product for export, whether or not the immediate delivery point is within the U.S. or non-u.s. territories. Shipments of any products to a customer where the ultimate destination is known to be abroad are considered export sales, even though delivery is made to a U.S. address. Business transacted must have approval from 3M CMD and the destination country (GCS will coordinate this). Approvals can be obtained for a predetermined amount of time or on a "per transaction" basis. GCS can be reached through your Customer Service contacts. Page 3

4 Price Protection, Demo Equipment, Order Acceptance Price Protection Plan: The CMD Distributor Price Protection Plan enables distributors to use their own business judgment. 3M CMD will deliver a written notice to its Authorized Stocking Distributors 60 days prior to any price increase and immediately prior to any price decrease. In the event of a decrease in material pricing as listed in the distributor cost column of Distributor Price Pages, the Authorized Distributor, upon request, will be credited with an amount equal to the difference between the price of material invoiced during the 120 days preceding the effective date of the price decrease and the price of such material based on the new price, provided such material is verified by 3M to be in the Authorized Distributor s inventory on the effective date of the price decrease. Note: the request for credit must be submitted within 30 days after 3M CMD issues the notice. Demo Equipment Policy: 3M CMD offers Distributor an opportunity to purchase 3M TM Dynatel TM Cable/Fault Locators Series 2200M or 2500 at a reduced price of 50% below Suggested List for demo and training purposes. There is a purchasing limit per company of 1 piece (900 and 2000 Series) every six months. Distributor shall retain and use each such demo product for at least 6 months prior to resale, and may then sell the used demo equipment and order new demo equipment. This program will be monitored by CMD Customer Service. Distributor may not resell as new any product that was purchased for demo purposes. The product must be sold as used and the 3M product warranty shall be deemed to have begun upon the date of the original purchase by the Distributor. Order Acceptance Information Into Stock Shipments BEST DISTRIBUTOR PRICE: Full shipping unit only; no broken cases will be shipped. Minimum order value $250. (Future-dated orders may not be used to meet minimum qualification.) No minimum for Spare Parts. Add-on Policy: Full shipping units only. One add-on per order. Must be received within ten (10) days of the original order. Into-stock shipments only. Drop Shipments Distributor pricing for drop shipment is EDI cost plus 15% on all products shipped to a location other than Distributor stocking location, with the exception of the following categories: 3M 900 Series Diagnostic Test Equipment, all Cable and Fault Locators, and all EMS Locators may be drop shipped at distributor stock price to one address per order other than Distributor location. Test Equipment accessories and EMS products may be drop shipped under this policy ONLY when ordered with a qualifying Test Equipment drop-ship order. This drop-ship policy exception does NOT apply to the 3M Dynatel Far End Device or the 3M Electronic Marking System (EMS) unless they are ordered with a qualifying Test Equipment drop-ship order. 3M Cross-Connect Cabinets may be drop shipped at distributor stock price to one address per order other than Distributor location, provided that Distributor is required to furnish the transport carrier. Note that an unloading dock and lift equipment is required at the drop-ship destination. Product may not be returned to 3M. Cabinet frames, blocks, accessories and spare parts may be drop shipped under this policy ONLY when ordered with a qualifying Cross-Connect Cabinet drop-ship order. This drop-ship policy exception does NOT apply to the 3M Cross-Connect Cabinet frames, blocks, accessories and spare parts unless they are ordered with a qualifying Cross-Connect Cabinet drop-ship order. Full shipping units only. No broken cases will be shipped. Minimum order value $250. Canceled Orders Distributor will be assessed a 10% cancellation fee on all Product orders for standard product that are canceled within seven (7) days of the promised ship date. Orders for custom, special set-up, non-standard material or material in non-standard packaging may not be canceled. Verbal Quotations 3M CMD will not be held responsible for discrepancies that might arise in pricing from verbal quotations. 3M CMD Customer Account Analysts and Sales Representatives are not authorized to quote any deviation on price or terms and conditions. Please refer to Request for Quotation Policy for additional information. Pricing in the current distributor price pages or in a special written quotation issued by 3M CMD Contract Administration is the only price that 3M CMD will honor. Page 4

5 Warranties Limited Product Warranty All 3M CMD products, test and measurement instruments (except accessories), manufacture dated test leads, and rechargeable batteries will conform to 3M s published specifications and will be free from defects in material and manufacture for a period of twelve (12) months from the date of purchase. Dry cell batteries included in any of 3M s products are warranted only to the extent the battery manufacturer determines such batteries are covered by its warranty. Accessories for test and measurement instruments are warranted for ninety (90) days after purchase. 3M s obligations and liability under this warranty are limited to repairing, replacing or refund of the purchase price, at 3M s option, any of 3M s products which, after normal and proper usage, are determined by 3M to be defective. This warranty does not extend to any of 3M s products which have been subjected to misuse, neglect, accident or improper applications, nor shall it extend to products which have been repaired or substantially altered outside 3M s manufacturing or repair facility, nor to any associated instruments, equipment or apparatus. Before utilizing any of 3M s products, BUYER should determine the suitability of the product for BUYER'S intended use. 3M MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no case shall 3M be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory. This limitation does not apply to claims for personal injury. Special Condition: Shipments into authorized distributor locations will have an additional ninety (90) day warranty period. Conditional Limited Warranty 3M provides the following Conditional Limited Warranty for its id Electronic Marker Products: When installed in accordance with 3M s installation instructions, 3M warrants id Electronic Markers for a period of ten (10) years form the date of purchase of the product, to be free from defects in material and manufacture, provided id Electronic Markers are located with 3M TM Dynatel TM Locators or other brand locators as may be designated by 3M in writing. This warranty does not extend to id Electronic Markers that have been subjected to misuse or improper application or that have been repaired or altered by others. 3M MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. If the id Marker is found to be defective within the warranty period, your exclusive remedy shall be, at 3M s options, to repair or replace the id Markers or refund the purchase price. Except where prohibited by law, 3M will not be liable for any indirect, special, incidental or consequential loss or damage arising from this 3M product, regardless of the legal theory asserted. Conditional Lifetime Warranty 3M provides the following Conditional Limited Warranty for its Electronic Marker Products (non-id versions only): When installed in accordance with 3M s installation instructions, 3M warrants Electronic Markers for the lifetime of the product, to be free from defects in material and manufacture, provided the Electronic Markers are located with 3M TM Dynatel TM Locators or other brand locators as may be designated by 3M in writing. This warranty does not extend to Electronic Markers that have been subjected to misuse or improper application or that have been repaired or altered by others. 3M MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. If the Electronic Marker is found to be defective during the normal lifetime of the product, your exclusive remedy shall be, at 3M s options, to repair or replace the Electronic Markers or refund the purchase price. Except where prohibited by law, 3M will not be liable for any indirect, special, incidental or consequential loss or damage arising from this 3M product, regardless of the legal theory asserted. Special Warranty Statements 3M TM MS 2TM Splicing Rigs, tools and modules are engineered to work together to achieve consistently superior performance in the field. Modules from other manufacturers may not meet the tight quality tolerances of 3M modules and may damage the calibration and performance of a 3M rig or tool. Therefore, the published 3M warranty does not extend to any 3M modules spliced in rigs or tools not made by 3M. The warranty on 3M MS 2 splicing rigs and 3M Scotchlok TM Splicing Tools can also be voided if used on non-3m modules. 3M TM Scotchlok TM Connectors and Tools are engineered to work together to achieve consistently superior performance in the field. Tools from other manufacturers may not meet the tight quality tolerances of 3M tools and can damage the crimping and performance of a 3M connector. Therefore, the published 3M warranty does not extend to any 3M connectors crimped in tools not made by 3M. The warranty on 3M Scotchlok splicing tools can also be voided if used on non-3m connectors. Limited Repair Warranty All repairs of test and measurement instruments, except for accessories, are warranted to be free from defects in material and workmanship for a period of ninety (90) days, commencing on the date of shipment to the buyer. Dry cell batteries replaced by 3M in repaired products are warranted only to the extent the battery manufacturer determines such batteries are covered by its warranty. All other product repairs made by 3M are warranted for thirty (30) days. 3M s obligations and liability under this warranty are limited to the issuance of credit for or further repair of, at 3M s option any of 3M s repaired products which, after normal and proper usage, are determined by 3M to be defective. This warranty does not extend to any of 3M s repaired products which have been repaired or substantially altered outside of 3M s repair facility, nor to any associated instruments, equipment or apparatus. 3M MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no case shall 3M be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory. This limitation does not apply to claims for personal injury. 3M All rights reserved. Page 5

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