I was a Kenwood dealer for over 20 years before I retired and from day 1
(1983) when Kenwood brought their landmobile line into the states, they had
a very definitive policy.  It wasn't as strict as some of the newer
contracts are trying to enforce, but the contracts I signed had the
following 2 things:   What is your general business area (usually defined by
counties) and #2.....was all sales must be face to face...in other words the
beginning of making sure the products weren't sold wholesale or via means
such as the internet.

Now this didn't preclude me from selling products in Venezula, St. Croix,
St. Thomas, Idaho, California and many other places.  I sold the product and
may have shipped it, but I had met with the customer either in their
location or in my location.  So even being in Wisconsin I was able, LEGALLY,
to sell any place I wanted to, and this fit the letter of the contract.

I sold repeaters to Ham's all over the US....BUT...I did meet with these
persons at one time or another...whether it be a swapfest of Hamvention or
even by accident on vacation.

The reasoning behind Kenwood and other manufacturers policies is not a
restraint of trade, but in essence was developed to make sure the customer
got the best of service.  These companies that sell other brands of 2way via
the internet and other means have no way of offering the support a local
dealer can.  And I'm not talking just Service, I'm talking all the support
they need...licensing, access to tower sites and on and on.

These contracts are LEGALLY binding (at least in Wisconsin), because I never
signed one until my lawyers looked them over and gave me their legal
opinion. There were times when certain lines we sold required us to sign
contracts that weren't legal and our lawyers pointed this out and x'ed out
the offending sentences and paragraphs.  This was never a problem as they
were accepted after the modifications when the contract company checked
State laws in the state we were doing business in.

In summary:  I don't think Kenwood cares if hams buy TK850's or any other
gear from a Kenwood dealer out of their area.  This is a very small
percentage of the dealers sales and really don't impact the spirit of the
contract.

73,


Gregg R. Lengling, W9DHI, Retired
Administrator http://www.milwaukeehdtv.org
K2/100 S#3075 KX1 S# 57
Member:  ARRL, RSGB, RCA, WERA and ORC
 








 
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