CAIRE Inc.
Reseller Minimum Advertised Price Policy
In order to successfully compete in the marketplace, maintain its premium brand image, and protect its
goodwill, CAIRE Inc. (“CAIRE”), which includes all of its affiliated companies, requires the following
with respect to those who advertise and/or sell CAIRE’s products (“Resellers”):
MAP Policy:
CAIRE hereby institutes, and unilaterally adopts, this unilateral Minimum Advertised Price Policy (the “MAPPolicy”) that shall apply to all Resellers as described herein, including but not limited to, online Resellers. ThisMAP Policy applies to CAIRE’s respiratory product line that is sold to customers in the United States of America(“U.S.”). The minimum advertised prices (“MAP”) for the applicable products are listed in the attached
Attachment A (the “Products”), as communicated to Resellers from time to time, and CAIRE may change fromtime to time in CAIRE’s sole discretion. This MAP Policy does not apply to sales outside of the U.S. All Products
must be advertised at or above the MAP listed in Attachment A. Resellers may advertise Products above theMAP.
1) Certified Pre-Owned Products: A Certified Pre-Owned Product is a Product that has been previously utilized, ora demonstration Product, that has been returned and repaired according to the standards set below. Any advertisingof Certified Pre-Owned Products, including words such as “new,” “like new,” or similar statements, must be
advertised as “Certified Pre-Owned Products.” A Certified Pre-Owned Product must meet the following
requirements:a) Repairs are completed at a CAIRE Inc. facility by trained CAIRE technician(s) or non-CAIRE Inc.
Technician(s) performing repairs must have completed CAIRE’s service training and have a Certificateof Completion.
b) Product must be repaired with original equipment manufactured or distributed by CAIRE.
c) Repaired Product meets minimum operating specifications as outlined in the Product’s TechnicalService Manual.
2) Remanufactured / Refurbished / Used Products: “Remanufactured”, “Refurbished” and “Used” mean any
Product that has been previously utilized, or a demonstration Product that has been returned or remanufacturedby anyone other than CAIRE or a CAIRE authorized service center that does not meet the specifications
outlined in number 1 above. Any advertising of such products must be advertised as “Used,”“Remanufactured/Refurbished,” or words to that effect. Any Remanufactured/Refurbished/Used Product that is
not identified as such, which may appear to be a new Product, is a violation of this policy.
3) Bundled Products: “Bundled Products” means individual components (e.g., unit, battery, cart, etc.) of a
Product that are packaged, intended or required to be bundled as the “Product.”
Although this MAP Policy was unilaterally adopted by CAIRE, CAIRE neither solicits nor will it acceptassurances by Reseller of acquiescence with this MAP Policy. Nothing in this MAP Policy shall constitute anagreement between CAIRE and any Reseller of compliance with this MAP Policy; provided that, failure to adhere
to this MAP Policy could result in adverse changes to Reseller’s relationship with CAIRE, up to and including,termination of the Reseller’s account with CAIRE. Each Reseller within its own discretion can choose to acquiesce
or not acquiesce with this MAP Policy. For violations of this MAP Policy, CAIRE reserves the right to appropriate
corrective action in its sole discretion, which may include, but not be limited to, changes to credit terms, shipment
terms, pricing, suspension, and/or cancellation. The interpretation of this MAP Policy is within the sole discretionof CAIRE and can be altered, modified, or amended only at the sole discretion of CAIRE.

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MAP Policy Coverage:
This MAP Policy applies to all forms of advertising of CAIRE Products by Resellers, including but not limited toin-store advertising, mailings, catalogs, flyers, posters, coupons, mailers, inserts, newspapers, magazines, mail ordercatalogs, television, radio, public signage, displays at consumer exhibitions and shows, advertising via email, ecommerce sites, websites, natural or paid search engine listings, social media, the Internet or any other electronic
network, and any and all other forms of advertising media. Website features such as “click for price,” automated“bounce back” pricing emails, pre-formatted email responses, forms, and automatic price display for any items prior
to being placed in a customer’s shopping cart, and other similar features are considered to be communications
initiated by the Reseller (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.
Prohibitions Regarding Bundled Products:Resellers shall not advertise separate prices for components of Products that are intended or required to be Bundled
Products and packaged as such, in order that the price for the components when bundled together is lower than theMAP for the actual Bundled Product. Resellers may make independent decisions regarding including otheraccessories during telephone conversations with the customer, but the free accessories must not be advertisedonline.
Only the Products listed on Attachment A of this MAP Policy have established minimum advertised prices (“MAPPrice”). CAIRE may advertise below the MAP, from time to time, for pricing analytical purposes in certain sectorsof the country (a “Pricing Study”). During a study in that particular area of the country (i.e., by state), Resellers
may similarly advertise at the same price, in the same region and for the same period of time as the Study.
Direct or indirect attempts to circumvent the MAP will be considered a violation of the MAP Policy. Such attempts
include, but are not limited to, advertisements that contain the following terms or approaches, if such terms orapproaches will result in the Products being advertised below the MAP:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Coupons, sales, discounts, promotions, rebate offers, or other inducements that advertise a price lower
than the MAP;
Advertising “call for price”, “email for price,” or any similar statements;
Advertising “the lowest price,” “the best price,” “will beat competitors’ prices”, or similar statements;
Buy one/get one free offers which include a CAIRE Product;
Bundling CAIRE Products at a price that is less than the sum of the MAP for each individual product;
Online advertisements of Products must include the price of the Product and to do otherwise
demonstrates an intent to circumvent the intent of the MAP Policy;
Online advertisements of Products must include and list the accessories that the customer will also
receive (By way of example and not limitation, for the FreeStyle Comfort, all accessories and battery
options that a customer will receive in the order must be listed on Reseller’s website.);If the Product includes free shipping, the Product must be advertised at a price that meets or exceeds
the MAP;
Resellers may not advertise Used Products or accessories for sale, and Resellers may only sell Used
Products if Resellers strictly adhere to all federal, state, and local laws and regulations for doing so, but
Used Products may not be advertised; orOther promotional activities as determined by CAIRE designed, directly or indirectly, to advertise aprice lower than the MAP.

This MAP Policy applies only to minimum advertised prices and does not apply to the prices at which the Products
are actually sold or to advertised prices that are higher than the MAP unilaterally established by CAIRE from timeto time. Each Reseller remains free to independently establish its own sales prices for the Products as long as suchprices are equal to, or above, the MAP.

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MAP Policy Enforcement and Violations:
CAIRE will evaluate MAP Policy violations and enforce this Policy in its sole discretion and without notice.
Resellers have no right of enforcement. If a Reseller chooses not to follow the MAP Policy, CAIRE reserves theright, in its sole discretion, to take enforcement actions commensurate with the MAP Policy violation, including but
not limited to terminating or reducing promotional allowances relating to CAIRE Products, as well as restricting orterminating the Reseller's authorization to distribute CAIRE Products. If a Reseller violates this MAP Policy,and CAIRE institutes enforcement per the MAP Policy, the Reseller shall have a period of two days to cure theviolation before the next consequence may be enforced. CAIRE always reserves the right to decide with whom itwill do business, including Resellers.
If CAIRE determines, in its sole discretion, that a Reseller has violated or taken any actions inconsistent with thisMAP Policy, CAIRE reserves the right, in its sole discretion, to take any or all of the following actions:
1.
2.
3.

1st Offense: Cash in advance for a 30-day period
2nd Offense: Price increase of 5%
3rd Offense: Account termination

MAP Policy Modifications:
CAIRE reserves the right, without Reseller approval, to alter, modify, amend, suspend, discontinue or cancel thisMAP Policy, the Products covered, and/or any MAP Price, at any time and for any reason. CAIRE sales, marketing,and customer service representatives are not authorized to discuss this MAP Policy with Resellers. All questions
regarding this MAP Policy should be sent to CAIRE Brand Compliance at caire.brand.compliance@caireinc.com.

VERSION DATED: June 15, 2022

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Attachment A: MAP POLICY PRODUCT LIST AND MAP
Product

Item #MAP

SeQual® Eclipse 5®

6900-SEQ$3,200

SeQual Eclipse 5 w/Extra Battery

6900LN-SEQ$3,550CAIRE FreeStyle® Comfort® 8 Cell Battery

AS200-1$2,995

CAIRE FreeStyle Comfort with 16 Cell Battery

AS200-101$3,195CAIRE FreeStyle Comfort with 8 Cell Battery (2)AS200-201$3,19515067005$995

AirSep NewLife Intensity 10 L w/O2 Monitor

AS099-101$1,995

AirSep NewLife Intensity 10 L Dual Flow w/O2 Monitor

AS099-4$2,095

SeQual Eclipse 5 Battery

7082-SEQ$549

SeQual Eclipse 5 Battery Charger

7112-SEQ$175

SeQual Eclipse 5 Cart

5991-SEQ$150

CAIRE FreeStyle Comfort 8 Cell Battery

BT034-1S$389

CAIRE FreeStyle Comfort 16 Cell Battery

BT035-1S$589

CAIRE FreeStyle Comfort Battery ChargerBT036-1$250

CAIRE FreeStyle Comfort Carry Bag

MI396-1$70

CAIRE FreeStyle Comfort Backpack

MI459-1$120

Portable Oxygen Concentrators

5L Stationary Oxygen Concentrator
TMCAIRE Companion 5w/O2 Monitor

10L Stationary Oxygen Concentrators

Product Accessories

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Attachment B: GTIN and UPC Barcode Assignments (Exceprted from QRF-008C)
The following table lists the assigned GTIN and UPC barcode for each product that CAIRE has registered on the GS1 US database.
ProductDescription

CAIRE Part
NumberAssigned GTINFreeStyle Comfort,
8 Cell Unit

AS200-1

850004757000

FreeStyle Comfort,
8 Cell (2) Unit

AS200-201

850004757017

FreeStyle Comfort,
16 Cell Unit

AS200-101

850004757024

FreeStyle Comfort
8 Cell Battery

BT034-1S

850004757031

FreeStyle Comfort
16 Cell Battery

BT035-1S

850004757048

FreeStyle Comfort
Desktop Charger

BT036-1

850004757055

UPC Barcode

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ProductDescription

CAIRE Part
NumberAssigned GTINFreeStyle Comfort
Accessory Bag

MI372-2

850004757062

Eclipse 5, Single
Battery Unit

6900-SEQ

850004757079

Eclipse 5, Single
Battery Unit

6900-SEQ

850004757086

Eclipse 5 Battery

7082-SEQ

850004757093

Eclipse 5 Desktop
Charger

7112-SEQ

850004757109

Eclipse 5 Cart

5991-SEQ

850004757116

Eclipse 5 (2Batteries)

6900LNSEQ

850004757123

Eclipse 5, Single
Battery Unit

6900BTSEQ

850004757130

UPC Barcode

N/A- GTIN assigned in error

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ProductDescription

CAIRE Part
NumberAssigned GTINFreeStyle Comfort,
8 Cell Unit

AS2001DTC

850004757147

FreeStyle Comfort
Desktop Charger,
Type C

BT036-2

850004757154

FreeStyle Comfort
Backpack

MI459-1

850004757161

FreeStyle Comfort,
8 Cell Unit, Type C,
Multi-Language

AS200-2

850004757178

FreeStyle Comfort,
16 Cell Unit, TypeC, Multi-Language

AS200-102

850004757185

FreeStyle Comfort,
8 Cell (2) Unit,
Type C, MultiLanguage

AS200-202

850004757192

FreeStyle Comfort,
8 Cell Unit, Type A,
Multi-Language

AS200-3

850004757208

UPC Barcode

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ProductDescription

CAIRE Part
NumberAssigned GTINFreeStyle Comfort,
16 Cell Unit, TypeA, Multi-Language

AS200-103

850004757215

FreeStyle Comfort,
8 Cell (2) Unit,
Type A, MultiLanguage

AS200-203

850004757222

UPC Barcode

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