No wholesaler of soda water beverages shall, in the sale or
distribution of soda water beverages, engage in the following unfair methods of
competition or unfair trade practices:
(1) Discriminate, directly or indirectly, in
the price at which soda water beverages are sold to customers by selling or
offering to sell such beverages at a special price or discount, or with special
allowances, rebates, or commissions, or under other price or credit terms or
conditions not offered or made available to all customers, where the effect of
such discrimination may be substantially to lessen competition or tend to
create a monopoly, or otherwise injure, destroy or prevent competition between
wholesalers of soda water beverages or any of their customers.
(2) Furnish, sell, give, lend or rent any
equipment, after the effective date of this chapter, for the refrigerated or
heated storage or display, or mechanical dispensing of soda water beverages to
a retailer, but this shall not prevent:
(a)
The sale or rental of such equipment to a retailer under a written agreement
describing the equipment sold or rented, and specifying the price and other
terms and conditions under which it is to be sold or rented. Copies of
agreements shall be kept on file by the wholesaler for at least 3 years after
final payment has been received. No agreement for the sale or rental of
equipment other than agreements for the rental of coin-operated vending
machines shall contain any provision that prohibits the use of the equipment
for the storage, display, or dispensing of the products of competing
wholesalers or reserves any part of the available capacity of the equipment for
the products of the wholesaler selling or renting the equipment.
1. Terms for the sale of equipment shall
provide that the wholesaler shall recover at least the wholesaler's cost for
the equipment, including all costs for transportation and installation of the
equipment, either by advance payment in full or by equal monthly installment
payments over a period not to exceed 5 years.
2. Terms for the rental of equipment, other
than coin-operated vending machines, shall provide that minimum monthly rental
charges shall be no less than one-sixtieth (1/60) of the total cost to the
wholesaler, including all costs for transportation and installation of the
equipment. Rentals may be charged in equal periodic installments or on a volume
basis, and shall be collected at least once each year in an amount sufficient
to recover all such costs within a period of 60 months.
3. Terms for the rental of coin-operated
vending machines shall provide that the minimum monthly rental charge shall be
no less than one ninety-sixth (1/96) of the total cost to the wholesaler,
including all costs for transportation and installation. Rentals may be charged
in equal periodic installments or on a volume basis, and shall be collected at
least once each year in an amount sufficient to recover all such costs within a
period of 96 months.
4. Cost of
equipment which has been returned or repossessed or on which rental contracts
are renewed shall be based on fair market value of the equipment, whether or
not cost was recovered in whole or in part under a previous sale or rental
agreement.
(b) The
furnishing of equipment to a retailer, for the storage, transportation or
display of soda water beverages for not more than a total of 20 days in a
calendar year for use at fairs, exhibitions, expositions or other events for
agricultural, industrial, charitable, educational, religious or recreational
purposes.
(3)
Discriminate, directly or indirectly, between customers in furnishing of
advertising, promotional or other services or facilities to them, or in
compensating customers for services or facilities to be rendered or furnished
by or through them in connection with the sale or distribution of soda water
beverages, under terms or conditions not available to all customers on
proportionally equal terms, where the effect of such discrimination may be
substantially to lessen competition or tend to create a monopoly, or otherwise
injure, destroy or prevent competition between wholesalers of soda water
beverages or any of their customers. This does not apply to the furnishing of
equipment under sub. (2) (b).
