MUSICAL INSTRUMENTS BAND INSTRUMENT MANUFACTURERS ASSOCIATION Adopted 1923: CODE OF ETHICS The use, ownership, or recommendation of any make of band instrument by a professional musician, or by any other person who for some reason may be supposed to be specially well informed about or have an exceptional opportunity to judge the real merits of band instruments, is accepted by the buying public as indicating honest preference for that make of instrument, based solely on merit. Thus a false and misleading impression is created when there has been a secret inducement of any kind. The subsidizing secretly of prominent musicians and others by manufacturers and dealers in band instruments for the advertising value to be derived therefrom, has developed or tended to develop unfair competition, improper trade practices and unfair price discrimination to buyers, and has misled the public. Such a condition of affairs is detrimental to the best interest of both the industry and the buying public. There are various methods of subsidizing professional musicians. It has been a more or less common practice to give to bands, orchestras, and individual musicians the instruments they require professionally. Sometimes the instruments have been merely loaned. Also in a few cases prominent professional musicians have been paid salaries to induce them to use certain instruments. Not all subsidies, however, are direct. Preferential discounts, special instruments at regular prices, extra plating or engraving on instruments without charge, abnormal allowances for used instruments taken in exchange, i. e., "traded-in", special terms of credit, subscriptions to or payments of advertising or other expenses of musical enterprises or organizations are typical indirect subsidies. The granting of subsidies has been by no means confined to prominent professional musicians. A secret special discount to an influential member of the village band is no different in effect from the payment of a large salary to an artist of international reputation. He may be any person whose ownership or advocacy of a particular make of band instrument for some special reason adds to the reputation of that instrument in the community. Even when no subsidy is involved, the granting of excessive allowances for used instruments taken in exchange is against public interest. It constitutes price discrimination, and is unfair to customers who have no instruments to exchange or who trade in their instruments at a fair valuation. Over allowances are conducive to the development of misleading and improper trade practices, such as quoting fictitiously high prices and making false reductions on new instruments when no used instrument is taken in exchange. Furthermore, a consistent policy of granting over allowances on used instruments leads inevitably to either business failure or to a regular policy of over pricing of new instruments to the consequent detriment of the buying public. The evil of granting over allowances is frequently promoted by ignorance of the real value of the instrument taken. in exchange and the difficulty of obtaining accurate information on that subject. In view of these facts and in the public interest, the undersigned manufacturers and dealers in band instruments do hereby agree not to subsidize musicians or others in any manner whatsoever, and to this end they agree specifically: 1. That they will not give away instruments to prominent musicians or others; 2. That they will not loan instruments for the purpose of having them used by prominent musicians or others; 3. That they will not pay salaries, fees, or gratuities to induce prominent musicians or others to use or recommend their instruments; 4. That they will not grant to prominent musicians or others secret discounts, rebates or special terms not available to retail customers generally; and 5. That they will not grant allowances in excess of the actual value of second hand instruments taken in exchange for new. NATIONAL ASSOCIATION OF PIANO MERCHANTS Approved Jan. 30, 1918: STANDARDS OF PRACTICE (Ten Condemn-ments) 1. This Association condemns advertising of, or other wise offering by any dealer, instruments not regularly carried in stock by such dealer with the consent of the manufacturer, unless the instrument or instruments so advertised or offered shall first have been offered to the manufacturer thereof or to the nearest regularly authorized agent, at cost. 2. This Association condemns the practice of advertising instruments not regularly carried, unless the advertiser offers them in good faith and stands ready to sell said instrument at once to any buyer. 3. This Association condemns the breaking of sales or malicious criticism of any instrument by a dealer or salesman for the purpose of dissatisfying the buyer after the sale of such instrument has been consummated. 4. This Association condemns the advertising of used instruments stating the prices originally asked for the instruments when new. 5. This Association condemns advertising or offering of instruments at prices higher than the standard market value, as represented by prices fixed in a majority of sales actually made. 6. This Association condemns advertising of private sales at residence addresses and places not recognized as regular trade locations. 7. This Association condemns advertising as "Free" articles included in the purchase price of the instrument, such as bench, scarf, etc. 8. This Association condemns the advertising of "Manufacturers' Sales", and the offering of instruments at "Factory Prices"; and advertising in which instruments "Must be Sold Regardless of Cost or Value". 9. This Association condemns "Puzzle Contests" and "Guessing Contests" as the result of which "Purchase Coupons", orders or vouchers are given. 10. This Association condemns advertising in which high grade instruments and cheaper grades are listed indiscriminately, with the lowest price and terms quoted to appear to apply to all. NURSERIES AMERICAN ASSOCIATION OF NURSERYMEN June 28, 1923, adopted Horticultural Standards, which may be obtained from Louisiana, Mo. Also the following, adopted previously by New England Nurserymen's Assn: BY-LAW AGAINST COMMERCIAL BRIBERY Any member of this Association who shall be found guilty of secretly giving or offering commissions, fees, emoluments either in money or other goods to gardeners of private estates, superintendents of parks or cemeteries or any other agent or purchasing agent as an inducement to buy or as a reward for buying goods from said member, shall be expelled from membership in this Association. It shall be the duty of every member to report any and all such cases that may come to his notice to the Vigilance Committee. The Vigilance Committee shall receive and investigate all such information and submit their evidence to the Executive Committee. If the Executive Committee finds probable guilt it shall summon the reported member to appear before the Executive Committee and defend himself against the charges as shall be preferred against him. The Executive Committee shall hear the case and shall have power to render a verdict which shall be considered as final. All verdicts of guilty shall be followed by expulsion of the convicted member, and the Executive Committee shall report its evidence to the proper authorities for prosecution in the proper courts of law. It shall further be the duty of the President and Executive Committee to extend all possible aid in such prosecution by entering formal complaint in the name of this Association, by the employment of legal counsel, or in such other manner as shall best secure conviction in the courts of law. WESTERN ASSOCIATION OF NURSERYMEN CODE OF BUSINESS ETHICS 1-That in the employment of our labor we will pay wages consistent with living conditions and service rendered. That we will not permit the unusual employee to give more than an honest days labor without extra compensation. That in hiring employees we will make no distinction between those affiliated and those not affiliated with organizations of men in similar employ ment. 2-In purchasing from those in the business, truth and honesty will be observed at all times and we will make no misleading statements or representations of any kind, nor show competitive prices to secure a reduction. Cash discounts will be taken only when payment is made within the time limit. Purchase of specified grades as to caliper and height will be taken as an acceptance of quality. 3-As Nurserymen we will strive to increase our efficiency by the exchange of ideas and business methods and as members of this Association, we will not make false statements either written or oral or circulate harmful rumors respecting a competitive product, selling prices, business, financial or personal standing. 4 As Nurserymen we will observe strict compliance of all laws both state and federal pertaining to inspection and quarantine of nursery products, being mindful of the general welfare of the public. That we will participate in all general movements for the benefit of the public, where our special training and experience qualify us to act. 5-That we will treat all purchasers with equal consideration. Make no misrepresentations of our stock in any way whether by direct statement, advertisement, omission of facts, inference or subterfuge. 6-We will keep ourselves free and clean from all forms of wrong practices in business or commercial graft of any kind and will not give any commissions, money or other things of value to employees of customers, for the purpose of influencing their buying powers. 7-As members of this Association we obligate ourselves to a fearless and faithful performance of the duties prescribed and demanding that all members act in full accord with the Business Ethics adopted. That those of this Association who fail to make their business conform to these standards are not worthy of membership and automatically suspend themselves. |