internet commerce online sale-of-goods
Price parity clause for marketplace
<p>We are in the E-commerce business and there is a  marketplace that we would like to sell our products on.</p>
<p>They have in their contract a &quot;price parity clause&quot;
meaning we have to give the marketplace the best price or the same compared to other marketplaces.</p>
<p>The problem is they take a higher commission than other marketplaces and we cannot give them a better price than other marketplaces.</p>
<p>When I contact their sales team they write to me that they are not going to police that clause
also they wrote to me the following by email.</p>
<blockquote>
<p>quote
“The issue you had is you wanted us to remove the price parity clause. I said we are unable however told you in writing that you were fine to overlook this clause. “</p>
</blockquote>
<p>If they write this in email am I still obligated to the  “price parity clause”?</p>

<p>In some jurisdictions, such clauses are illegal to begin with (ask a lawyer). Maybe the marketplace company knows that and leaves it there just to make sure that whoever doesn't know that the clause is void may think he's bound to it. I've seen similar &quot;behavior&quot; in contracts before.</p>
<p>On the other hand, if they confirm you in writing that you are not bound to the clause, that's a binding agreement that amends the contract as an expression of both parties' wishes and therefore is part of the deal. So it should be fine to sign the agreement with the explicit exclusion of said clause.</p>
