Approved Code No. 84-Supplernent No. 15 Registry No. 1149-24 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

WRENCH MANUFACTURING 

INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and M-etal Finishing 

and Metal Coating Industry) 

AS APPROVED ON APRIL 4, 1934 

UNIV. OP'· FL UI. 

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U.S. Dl,OIJTO.W 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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For sale by the Superintendent of Documents, Washington, D.C. - - • - - - Price 5 cents 
This publication i for sale by the Sup rintend nt of Docum nts, GoYemment 

PrinUng Office, Wa hington, D. ., and by district office of the Bureau of 

Foreign and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta Ga. : 504 Post ~ffice Building. 

Birmingham, Ala. : 257 Federal Building. 

Bo ton, !ass. : 1801 Customhouse. 

Buffalo, .Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of ommerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : 'hamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich. : 801 Fir t • ational Bank Building. 

Hou ton, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : hamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kan as City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Loui ville, Ky. : 408 Federal Building. 

Memphi.', Tenn. : 229 Federnl Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 u tomhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pitt burgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. LouL, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Cu tomhou e. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 15 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

WRENCH MANUFACTURING INDUSTRY 

As Approved on April 4, 1934 

ORDER 

APPROVING SuPPLEl\fENTARY CoDE OF FAIR CoMPETITION FOR THE 

WRENCH MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and in accordance with 

the provisions of Section I of Article VI of the Basic Code for the 

Fabricated Metal Products Manufacturing and Metal Finishing 

and Metal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the 

Wrench Manufacturing Industry, and the hearing having been duly 

held thereon; and the annexed report on said Supplementary Code, 

containing findings with respect thereto, having been made and 

directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference 

said annexed report and do find that said Supplementary Code complies in all respects with the pertinent provisions and will promote 

the policy and purposes of said Title of said Act; and do hereby 

order that said Supplementary Code of Fair Competition be and it 

is hereby approved; provided, however, that the provisions of Article V, Section 5, insofar as they prescribe a waiting period between 

the filing with the Code Authority and the effective date of revised 

price lists or revised terms and conditions of sale be and they are 

hereby stayed pending my further Order either within a period 

of sixty days from the effective date of this Code or after the com512390--482-23-34 (1) 
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Approval r mn ncl cl: 

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Di i. ion Admini tndor. 

w .ASHINGTO D. . 

Ap1 ii, 4, 1934. 
, 

REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lV kite H 01.Uie. 

SrR: This is a report on the Supplementary Code of Fair Competition for the Wrench Manufacturing Industry, a division of the 

Fabricated Metal Products Manufacturing and Metal Finishing and 

Metal Coating Industry, the hearing having been conducted thereon 

in Washington, D.C., December 20, 1933, in accordance with the provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Wrench Manufacturing Industry, being truly reprei;;entative 

of this division of the Fabricated Metal Products Manufacturing 

and Metal Finishing and Metal Coating Industry, has elected to 

avail itself of the option of submitting a Supplementary Code of 

Fair Practice, as provided for in Sect10n 1 of Article VI of the 

Basic Code, for the Fabricated l\1etal Products Manufacturing and 

Metal Finishing and Metal Coating Industry approved by you on 

the second day of November, 1933. 

RESUME OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed in the Supplementary Code. 

Article III establishes a Supplementary Code Authority consisting of three ( 3) members elected by the members of the Industry at 

a meeting called by the Suppleme.ntary Code Authority, and gives 

the Administrator the authority to appoint one to three additional 

members without vote and provides machinery for obtaining statistics and the administration of the Supplementary Code. 

Article IV. This Industry is a division of the F abricated Metal 

Products Manufacturing and Metal Finishing and :Metal Coating 

Industry and the labor provisions of its Basic Code, as approved 

November 2, 1933, are the labor provisions of this Supplementary 

Code. 

Article V provides for price sheets to be submitted to the Supplementary Code Authority. 

Article VI sets forth the unfair trade practices of thjs Supplementary Code which has been especially designed to offset unfair 

competition in this division of the Industry. Article VII contains the mandatory provisions contained in Section 10 (b) of the Act and also provides for the submission of 

proposed amendments to the Supl?lementary Code. 

Article VIII recognizes that pnce increases except such as may be 

required to meet individual costs should be delayed. 

Article IX provides against monopolies and monopolistic practices. 

Article X states the effective date of this Supplementary Code. 

(3) 
4 

Fl.r INGS 

s.-istant D pntv Ad1nini. '-rator in ,hi. final r port to me on 

said upplem ntary ode ha ina f und a her in t forth and on 

the b i of all the pro din in thi matter : 

I find that: 

(a) aid Supplem ntary Code is well de jgnecl to promote the 

policie and purpo of Title I of the ational Indu trial Recov ry 

A t includino- remo al of ob tructions to the free fl.ow f interstate and foreign commer e hi h tend to dimini h the amount 

thereof and will provide for the general welfare by promoting the 

organization of industr:5: for ~he purposes ?f c?operativ~ acti n ~mon~ 

the trade groups, by mducmg and mamtallling un1ted a t1on or 

labor and nrnnao- m nt under adequate o-overnmental an tion and 

supervi ion by liminating unfair competitive practices by pr m ting the fnlle t po sible utilization of the present producti e apacity 

of indu tries, by avoiding undue restriction of production ( e c pt as 

may be temporarily required), by increasing the consump ion of 

industrial and agricultural products through increasing purchasing 

power. by reducing and relieving unemployment, by improving tand• 

ards of labor and by otherwise rehabilitating indu try. 

(b) Said Industry normally employs not n1ore than 50,000 em• 

ployee ; and is not classified by me as a major industry. 

( c) The Supplementary Code as approved complies in all respects with the pertinent provisions of said Title of said ct, including without limitation Subsection (a) of Section 3 Sub ection 

(a) of Section 7, and Subsection (b) of Section 10 thereof; and that 

the applicant association is an industrial association truly representative of the a.foresaid Industry; and that sa.id a sociation 

imposes no inequitable restrictions on admi ion to memoorship 

therein. 

(d) The Supplementary Code is not designed to and will not 

permit monopolies or monopolistic practices. 

( e) The Supplementary Code i not designed to and will not 

eliminate or oppres small enterpri es and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic proce s have 

not b en deprived of the right to be heard prior to appro al of 

said Supplementary Code. 

For these r a on , therefore, I have approved this Supplmentary 

Code. 

Respectfully, 

HuoH S. JonN ON 

A d;nvi,nistrat or. AFRIL 4, 1934. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE WRENCH MANUFACTURING INDUSTRY 

.A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL COATING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Supplementary Code is established as a code of 

fair competition for the Wrench Manufacturing Industry, pursuant 

to Article VI of the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal 

Coating Industry approved by the President of the United States 

on the 2nd day of November, 1933, and the provisions of this Supplementary Code shall be the standards of fair competition for and 

shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term " Industry " as used herein means the manufacture and 

sale by the manufacturers thereof of wrenches, pliers and/or basic 

:forms or parts thereof. 

The term" Member of the Industry" includes, but without limitation, any individual, partnership, association, corporation, or other 

:form of enterprise engaged in the industry either as an employer 

or on his or its own behalf. 

The term "Basic Code" means the Basic Code of Fair Competition :for the Fabricated :Metal Products Manufacturing and Metal 

Finishing and Metal Coating Industry, as approved by the President 

on the 2nd day of November, 1933. 

The term "Distributor" means a purchaser who, in regular course 

of business, purchases products of the industry and other products 

in like field of distribution for resale generally to persons other 

than affiliates. 

The term " Consumer " means a purchaser of the product of the 

industry who is not a distributor. 

The term " Institute " means the Institute of vV rench ~1anufacturers. 

The terms "President", "Act'' and "Administrator" mean 

respectively the President of the United States, Title I of the National Industrial Recovery Act, and the Administrator for Industrial 

Recovery. 

ARTICLE III-ORGANIZATION, Po.wERs AND DuTIEs OF THE 

SuPPLEl\IE T ARY CoDE AUTHORITY 

1. There shall be constituted a Supplementary Code Authority 

consisting of three members who shall be selected within sixty (60) 

days from the effective date of this Supplementary Code by vote of 

(5) 
6 

the memb r of the industry in person orb proxy a in this paragraph provid d. 

Pen ling the ele tion and until the sele tion of th , uppl mentary 

Cod Autl orit th o le Committ hall be the Temp rar uppl m ntar ~ d nthority with all pow r duties and re pon ibilities herein o-ranted to he upplementary ode uthorit . 

For th urpose o.f the selection of the Supplementary Code uthority the in lu try shall be divided into the following product 

divisions: 

1. Drop-foro-ed Wrenche -carbon 

2. Drop-forged vVrenches-alloy 

3. D tachable Socket Wrenches 

4. Chain Pipe Wrenches (Tongs) 

5. Adjustable Pipe \Vrenche:3 

6. Adjustable Monkey Wrenches 

7. AdJustable Wrenches (221⁄2 degree open end) and Pli rs 

8. Adjustable Wrenches ( .A.-uto, bic cle and miscellan ous 

types) 

9. Ratchet and ~fiscellaneous Wrenches 

The members of each division shall elect one representative, and 

the representatives so elected by a majority vote, shall elect the 

members of the Supplementary Code Authority. 

Each member of the industry who, by writing filed with the Supplementary Code Authority shall assent to this Supplementary Code 

and agree to comply with the terms and conditions hereof hall be 

entitled to vote at all meetings for the selection of the Supplementary 

Code Authority and for the selection of substitute members thereof, 

and shall be entitled to vote in ea h division the product or products 

of which are manufactured by such member. 

2. The term of office of each member of the Supplementary Code 

Authority shall be at the will of member of the Indu try, and uccessor or substitute m·embers of the Supplementary Code Authority 

shall be el cted in the same manner as provided in paragraph 1 of 

this Article £or the appointment of the original members of the 

Supplementary Code Authority. 

3. In addition to membership as above provided, there ma be 

appointed by the Administrator one to three men1b rs of the upplementary o le Authority without vote who hall be gi en n t.ice 

of all meetino- of the upplementary ode uthorit . 

4. The Institute shall in1po e no inequitabl r trictions on admission to membership, and hall submit t the Admini trator true 

copies of its articl s of as ociation by-laws r gulation and any 

amendm nt when mad thereto togeth r with such informati n as 

to membership, oro-anization and activiti s as the Admini trat r m.ay 

deem nece sary to :ff tuate the purposes of the Act. 

5. In order that th upplementary Code uthor.i hall b at all 

times truly repr ntati e of the Indu try, and in oth r re pe ts mply with the pro i ions of the Act, th • Admini trator may pr cribe 

such hearino- a he may deein prop r; and ther aft r if h hall 

find that th upplementary Code Authority is not trul r pr n ative or does not in other re pee comply with the pro i ion of the 

Act, may require an appropriate m di:6.cation in the method of el ction of the Supplementary Code Authority. 
7 

6. Nothing contained in this Supplementary Code shall constitute 

the members of the Supplementary Code Authority partners for any 

purpose. 

POWERS AND DUTIES 

7. The Supplementary Code Authority shall have the following 

powers and duties, the exercise of which shall be reported to the 

Administrator. 

(a) To insure the execution of the provisions of this Supplementary Code and provide for the compliance by too members of the 

industry with the provisions of the Act, subject to rules and regulations of the Administrator in regard to compliance procedure. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcement of this Supplementary 

Code. 

( c) To obtain from members of the industry through an impartial 

agency such information and reports as are required for the administration of this Supplementary Code. No individual reports shall be 

disclosed to any other member of the industry or to any other person 

except as herein provided but hall be made available to the Administrator. Nothing herein contained shall preclude full disclosure to 

all members of the Supplementary Code Authority as may be necessary for the examination of complaints and securing compliance with 

the proYisions of this Supplementary Code. 

( d) To use the Institute and such other trade associations and 

other agencies as it deems proper for the carrying out of any of its 

activities provided for herein provided that nothing herein shall 

relieve the Supplementary Code Authority of its duties or responsibilities under this Supplementary Code, and such trade associations 

and agencies so used shall at all times be subj ect to and comply with 

the provisions thereof. 

( e) To make recommendations to the Administrator for the coordination of the administration of this Supplementary Code with such 

other codes, if any, as may be related to the industry. 

(f) Subject to review by the Administrator, to determine the expenses of administration of this Supplementary Code and to secure 

payment by the members of the industry of uch expenses app ortioned between them on the basis of volume of sales in dollars or on 

such other basis as hall be equitable. 

(g) To recommend to the Administrator further marketing and 

fair trade practice provisions to govern members of the industry in 

their relations with each other or with other trades or industries and 

to recommend to the Administrator measures for indu t rial planning 

including stabilization of employment. 

(h) The Supplementary Code Authority subj ect to the approval 

of the Administrator hall cause to be formulated an accounting system and method of cost findinO' and/ or e timating capable of use by 

all members of the indu try. After such system and method have 

been formulated, full details concerning them shall be made available 

to all members. Thereafter all members shall determine and/ or 

estimate cost in accordance with the principles of such methods. (i) To co-operate with and assist the Basic Code Authority in 

administering the Basic Code and in obtaining from members subject 
and oth r lat:1 

ode 

ARTICLE IV-E:\IPLOY)IE~ ""T Pnon r NS 

Thi Inclu try i a division of the Fabri ated letal Product. Ianufacturino- and J\Ietal Fini hing and Ietal oatinrr Indu try and 

without limitation the "ag , hour and labor provi ions in Articl III 

of it ba ic code as approved by the Pre i<lent ovember 2 19' 3, 

including ection 1 of aid Article III by which the provi ions of 

sub- ection (1), (2) and (3) of Section 7 (a) of Title I of aid 

Act are made conditions of this Supplementary Code, are specifically 

incorporated herein and mad~ a part hereof as the wage, hour and 

labor provision of this Supplementary Code. 

ARTICLE V-J\.IARKETING 

1. By means of price she ts each member of the industry, "ithin 

twenty (20) days after this Supplementary Code shall be appro ed 

by the Presi lent, hall publi h individual prices, terms and conditions 

of sale of all products of the industry offered for sale, which prices, 

terms and conditions shall be effective forthwith. Each member of 

the indu try shall express his prices in the form of net price or discount from list. Such price sheets shall separately state (a) et 

prices and terms to distributors; (b) et price and term to consumers; ( c) pecifications and standard of finish applicable to each 

item. 

In ca e a member of the indu try hall de ire to giYe cliff rent 

prices to different sub-clivi ions of a defined class then the price 

sheets hall clearly describe th subdivi ions within the cla intended 

to be cov red thereby, and hall clearly et forth the condition if 

any, under which a stated price or term will be given. 

2 . .r o member of the industry hall s 11 to any purchaser by any 

mean what oever any product of the indu try at a price lower or at 

a di count greater or on more favorable terms than set forth in publi heel price beets of such m mber at the time outstanding and in 

force under the conditions applicabl t uch sale ther in et forth. 

3. -o member of the indu try hall publi h a price or terms or 

continu in ff ct a price or term which will r ult in a purcha r 

payino- for the good r ceiv d le than th co t thereof to them mber 

f the indu try publi ·hing uch price heet . .r othing in this paragraph ·hall pr Incle uny mcmb r of the 

industry from publi hino- pri es below c t in ord r to m et xisting 

competition on products of equival nt size, character, quality or 
9 

specifications as such competition is shown by price sheets of other 

members of the industry at the time outstanding and in effect. 

Whenever a member of the industry under the provisions of this 

paragraph shall publish a price below cost, he shall simultaneously 

file with the Supplementary Code Authority a statement in writing 

of the items on his own price sheet which are below cost, and identify 

the price sheets and items thereon of any other member or members 

of the industry which shall be claimed to form the justification. 

4. Publication of price sheets shall be in the manner following: 

Each member of the industry shall 

(a) File a copy of his price sheet with the Supplementary Coda 

Authority, which shall be open to inspection by any interested 

person; 

(b) Mail on the same day copy thereof to all known members of 

the industry; 

( c) Mail on the same day copy thereof to all jobbing and whole-• 

sale customers of such member. 

5. Any member of the industry may change prices, terms and/ or 

conditions of sale, but no change shall be made or become effective 

until after publication of a revised price sheet in the manner pro-· 

vided in Paragraph 4 of this Article. 

A change contained in the published price sheet of any member 

of the industry, which shall reduce a price of such member which 

has been in effect for five (5) days, shall be effective five (5) days 

after the publication of the revised price sheet and not prior thereto. 

The foregoing five ( 5) day limitation shall not apply to price reductions by any other member of the industry to the extent necessary 

for corresponding effective date to all members. 1 

6. Nothing herein contained shall require publication of specifio 

prices as provided in paragraph 1 of this article with respect to 

sales to purchasers who are manufacturers of machines or equipment and who deliver with such machines or equipment a product 

of the industry as a tool or accessory therefor, provided no sale shall 

be made by any member of the industry under the provisions of this 

paragraph unless 

(a) Such member shall include in his published price sheet a 

statement that prices therein do not apply to "equipment sales", 

and further shall set forth under what conditions and upon what 

terms such sales will be made. 

(b) The member making such sale shall enter into a contract with 

the purchaser that such purchaser : 

( 1) Will not use the product purchased in his own manufacturing 

operations; 

(2) vVill not separately resell the same or make delivery thereof 

except for his own machine or equipment as a tool or accessory therefor and without separate charge ( replacement sales to owners of 

such machines or equipment except where standard industry product 

is not suitable or convenient for use on such machines or equipment). 

One true copy of all contracts entered into under the provisions 

of this Section and of all modifications thereof shall be filed with 

the Supplementary Code Authority within ten (10) days after 

execution thereof. 

1 See paragraph 2 of order approving this Code. 
10 

7. othing h rein c ntain l hall preclude any member of the 

indu t~ ' from ma~1ufactt~ring and · Hing a product of the industry 

ncc_o~· 1mg t I cial I 1gn and_ upon plan and pecificati ns in 

writino- agr ed to b tw n the aid m mber of the inclu try and the 

buyer without prior publicati n f I ri e and terms, provided no .. al f any it m of p cial manufacture shall be made at a .price 

and on t rms and under conditions ·which shall be below the co ·t 

th r of. 

r ro luct of the indu try .. hall be sold under the provi ion of 

thi ction unle he same hall be different from an item f r 

hich prices and terms have been published and shall require peciul 

dies or tools for all or a sub tantial part thereof. o pro uct f 

the indu try hall be sold under the provisions of this Section below 

the published price of a comparable standard item, plus any increa ed co t of the special item over the cost of the standard ~item. 

8. N otwith tanding the provisions in this Article contained obsolete, defective and/or discontinued items or lines which now or hereafter may be in stock may be sold below cost and without publication of prices, terms and conditions, provided prior to the sale thereof 

a list of the items or lines claimed to ·be obsolete, defective and/ or 

discontinued shall be filed with the Supplementary Code uthority, 

together with a description thereof, dates of manufacture and prior 

sale ,olume, together with such :further information concernin(J' the 

same as may be required by the Supplementary Code Authority, 

and provided, further, no sale shall be made under the provisions 

of this paragraph if the Supplementary Code Authority hall determine that the items or lines proposed to be sold under this paragraph are not in fact obsolete, defective or discontinued, and that 

the purpose or effect of the proposed sale would be an evasion of 

this code and unfair to the other members of the industry and 

the Supplementary Code Authority shall advise the member propo ing to make such sale of such findin(J' within ten (10) days. Any 

action taken by the Supplementary Code Authority under the provisions of this paragraph shall be subject to disapproval by the 

Administrator, and if disapproved sales under the provisions or this 

paragraph may be made. 

ARTICLE VI-UNFAIR PRACTICES 

In place and in substitution of the fair trade practices set . forth in 

Article V of the Basic Code, the follo ing acts as d cribed shnJl c nstitute unfair methods of competition; and no memb r of the indn. -

try hall do any act or thing in thi article described as an unfair 

method of competition: 

1. S Hing under the provi ion. of paraITT'aph 6 of Article V ('equipment ales") after knowledo-e that the purchaser bas vi lated the 

terms of a contract ref -rred to in said parao-raph or after noti in 

writinO' from the upplementary Cod Authority that u h \uthority ha 1 termined that uch p rson ha vi lat l su h a contract. 

~2. The :furnishing of special product of the indu tr r pe ial pa~ts, 

. pe ial or different finish the r en 1ering of any _rv1ce or the domg 

of any act or thing not included in published pn e and rm and 

conditions which will make the article delivered of a value greater 
11 

than the standard article offered under published prices and terms 

and delivered in regular course thereunder, or which will have the 

effect of increasing the cost of the goods sold or to be sold, without 

charge to cover the increased cost, or the granting to the purchaser of 

any other general or specific benefit not granted to all purchasers and 

included in published price sheets. 

3. Entering into any contract, accepting any order or rendering 

any invoice which includes products other than products of the industry, unless the price charged or to be charged for the product of the 

industry included therein is separately stated and set forth. 

4. Entering into a contract or accepting any order which does not 

permit shipment within a period of not more than six (6) months 

from the date when shipments sh.all begin, or a final shipping date 

later than seven (7) months from the execution of the contract or the 

acceptance of the order. 

5. Entering into or accepting contracts, orders or commitments to 

sell without corresponding commitment on the part of·the purchaserto buy a specified quantity at a fixed price or a total amount in dollars 

according to specitications to be furnished sufficiently in advance of 

expiration date to permit manufacture and delivery on or before 

expiration date. 

6. Paying or allowing any commission or benefit to a distributor 

in connection with a sale to any other purchaser if the amount thereof, 

when deducted from the sale price, shall make the net to the member 

of the industry making the sale less than the price permitted to be 

granted such distributor. 

7. Making any payment or allowing any credit or benefit to a distributor or to any purchaser or prospective purchaser not connected 

with a sale. 

8. Making any payment or allowing any credit or benefit to distributor in connection with a sale made under the provisions of 

paragraph 6 of Article V. (" Equipment Sales." ) 

9. Giving, permitting to be given, or directly offering to give, anything of value for the purpose of influencing or rewarding the action 

of any employee, agent or representative of another in relation to the 

business of the employer of such employee, the principal of such 

agent, or the represented party, without the knowledge of such employer, principal or party. Nothing in this paragraph hall be construed to prohibit free and general distribution of articles commonly 

used for advertising except so far as such articles are actually used 

in commercial bribery as hereinbefore defined. 

10. Making any adjustments, allowances, credits or refunds upon 

change in published prices, terms and/ or conditions to any purchaser 

for deliveries already made or with respect to contracts theretofore 

entered into. 

11. Promising or allowing protection to a purchaser or prospective 

purchaser against changes in prices, terms and/ or conditions. 12. Giving notice to any purchaser or prospective purchaser or to 

any other member of the industry of intention to change prices, terms 

and/or conditions of sale. 

13. Taking in exchange the product of any other member of the 

industry from a purchaser thereof, and making any payment or 

granting any credit to such purchaser in connection therewith. 
12 

14. faking deliv ry of any produ t of the indu try on memorandum or con. irnment e Tc pt und r ircumstance,s to be defined by 

the ur plem ntary de uthority and approv d by the hninistrat r wh re l uliar ircum tanc of the industry require the 

prn ticc. 

15. Iakino- delivery f any product of the industry except upon 

the ale th re.of pr vid d n thing h rein contain d hall I r lude 

deli ery :f amples but no deli ery hich hall exceed three items 

or andard ets hall be deemed a ,sample. 

16. Including in or omitting from any invoice, any statement o 

that the in oice shall not be a true statement of the tran actic n between the m mber of the industry and the purchaser. 

17. Pre-dating or I ost-dating of any invoi e or contract f sal . 18. Promising to sell, elling or d li ering nonstandard grade 1 

size , dimen ion or classifications for the purpose or with the effect 

of ading the provisions of this Supplementary Code. 

19. ·iifaking any express guarantee with re.spect to a product of 

the Industry except an express guarantee against defects in workmanship and material. 

20. Making any allowances for advertising in any form. 

21. 1t1aking refunds, adjustments or allowances to a purcha er 

except as necessary in good faith. 

22. Publishing different prioes, terms and/or conditions of sale for 

a. special brand, an unbranded product, and the manufacturer s own 

brand, or making any distinction or difference in prices, terms 

and/or conditions of sale where the product is the same except for 

brand markings. 

23. Doing any act or thing by recourse to or through the medium 

of a subsidiary or affiliate or exclusive distributor which a member 

of the indu try is prohibited from himself doing under the pro isions 

of this Supplementary Code. 

ARTICLE VII-GE- ERAL 

1. When the Supplem,entary Code Authority determines that an 

emergency exists in this industry and that the cause thereof is destructive price eutting such as to render ineffective or seriously endanger the maintenance of the provi ions of this upplementary 

Code, the Supplementary Code Authorit3 may cau e to be determined 

the lowest reasonable cost of the products of this industry, such determination to be subject to uch notice and hearing as the dmini - trator may r equire. The Admini trator may approve, di approve 

or modify the determination. Thereafter during the period of the 

emerD"ency it shall be an unfair trade practice for any membe.r of 

the indu try to ell or off r to ell any products of the indu try for 

which the lowest rea nable o t has been determjned at such price 

or upon uch terms or conditions of ale that the buyer ill pay less 

therefor than the low st rea nable c t of such product. 

When it appear that ntlitions have changed the uppl mentary 

ode Authority, upon it own initiati e or up n the requ t of any 

intere. ted party hall ·au the determination to be r iewed. 

2. v henevcr a p rson by stock owner hip or oth rwi e hall control the manufacture and sale of a product of the industry manu-
13 

£actured by a member 0£ the industry, such person shall, with respect to the sale of such product of the industry, be subject to the 

terms and provisions of this Supplementary Code, and the same 

shall be binding upon such person ( Article IV hereof excepted). 

3. Nothing in Articles V and VI of this Supplementary Code 

applies to sales between members of the industry, except no sale 

shall be made by one member of the industry to another member of 

the industry below cost. 

4. Nothing in Articles V and VI of this Supplementary Code shall 

apply to export sales. 

5. In case any member shall have reason to believe that any of the 

terms and conditions_ of this Supplementary Code are being violated, 

such member may file with the Supplementary Code Authority a 

complaint setting forth the action or mode of action complained of. 

The Supplementary Cod{; Authority shall thereupon request the 

complainant and the member complained against to each appoint 

an arbitrator; the two arbitrators so appointed shall appoint a third; 

the arbitrators so appointed shall then examine into the facts, 

granting to the complainant and the member complained against full 

opportunit_y to be heard, and each shall furnish to the arbitrators all 

facts relative to the complaint as may be requested by the arbitrators. The arbitrators shall thereupon render a report in writing 

setting forth the facts so found, together with their opinion and 

recommendations. 

In case the arbitrators shall determine that any member has violated this Supplementary Code, then the Supplementary Code Authority, upon recommendation 0£ the arbitrators, shall make such 

representations and applications to such persons as is proper and 

permitted in the premises. 

In case the arbitrators for any reason shall not be appointed within 

ten ( 10) days after notice from the Supplementary Code Authority 

that complaint has been filed, then the Supplementary Code Authority shall act as arbitrator and shall hold hearings and render a 

report and opinion and take further action as hereinbefore provided. 

6. This Supplementary Code and all the provisions thereof are 

expressly made subject to the right of the President, in accordance 

with the provisions of subsection (b) of Section 10 of the Act from 

time to time to cancel or modify any order, approval, license, rule, 

or regulation issued under Title I of said Act and specifically, but 

without limitation, to the right of the President to cancel or modify 

his approval of any provision of this Supplementary Code or of any 

condition imposed by him upon his approval thereof. 

7. This Supplementary Code, except as to provisions required by 

the Act, may be modified and/or amended on the basis of experience 

or changes in circumstances, such modifications and/or amendments 

to be based upon application to the Administrator by the Supplementary Code Authority or other repre entative group within the 

industry, and such notice and hearing as the Administrator shall 

specify, and to become effective as part of this Supplementary Code 

on approval of the President, and/or of the Administrator. 

8. In case any provision of this Supplementray Code shall impose 

unusual or undue hardship on any member of the industry, such 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIII IIIIII II 11111111111111 1 

14 3 1262 08583 0627 

pr •i i n mn 1 · u<-p n<lc I a t u h m mb r y th uppl m ntary .., d 1 uth rl y with th o.i pr val f th Administrator. 

ARTI LE III- IoN r IES 

up11 men ar od hall e so applied 

r m nop li tic pra ti e , or to liminate, 

ppr . or ag in t mall nterpri es . ...,. "11erca th poli of the ct to incrca e re.al I ur ha inO' power 

will be mad m r difli ult f onsmnmation if prices of goods and 

rvices incr a a ru1 idly as wage , it is recognized that price 

increa es :s: er t as may be required to meet individual ost should 

l>e d la ed but when made such incre es should, o :far as possible, 

b limited to a tual additional increase in the seller's costs. 

ARTICLE IX-EFFECTIVE DATE 

1. This Supplementary Code shall become effecti·ve at 12: 01 A.1f. 

on the tenth (10th) day after approval of same by the President. 

Approved Code o. 84. Supplement No. 15. 

Registry To. 1149--24. 

0