Common use of Delivery and Distribution Clause in Contracts

Delivery and Distribution. Suppliers should deliver product to Retailer according to the delivery method requested by the Retailer. Suppliers must provide Retailers credit for unsold and/or damaged merchandise. Suppliers may not distribute non-­‐returnable product under any circumstances without the express written consent of the Retailer in a separate Agreement that explicitly outlines the arrangement as it relates to the iControl program. 5.1 The distribution of unauthorized product (as determined exclusively by the Retailer), or Products where the “credit” cost differs from the “invoice” cost is also prohibited. Exceptions will be granted only in cases where the Supplier provides iControl with written authorization from the Category Manager (not the store manager) based at the Retailer’s corporate headquarters. 5.2 Retailers require that products delivered to the stores by Suppliers must bear a valid UPC code that is printed in such a way that it may be scanned using the Retailer’s point-­‐of-­‐sale barcode reading machines. Products that do not bear pre-­‐printed UPC barcodes may not be distributed at the Retailer’s stores; there are no exceptions to the UPC requirement. Retailers reserve the right to request that Suppliers not deliver any products that lack standard UPC-­‐A, UPC-­‐E, or EAN formatted barcodes. For more information on barcodes, Suppliers should consult GS1 at xxxx://xxx.xx0.xxx , or contact xxxxxxxxx@xxxxxxxxxxx.xxx for more information. 5.3 Retailers may request Suppliers deliver a certain quantity based on sales history and store inventory levels.

Delivery and Distribution. Suppliers should deliver product to Retailer according to the delivery method requested by the Retailer. Suppliers must provide Retailers credit for unsold and/or damaged merchandise. Suppliers may not distribute non-­‐returnable non- returnable product under any circumstances without the express written consent of the Retailer in a separate Agreement that explicitly outlines the arrangement as it relates to the iControl program. 5.1 The distribution of unauthorized product (as determined exclusively by the Retailer), or Products where the “creditcre dit” cost differs from the “invoice” cost is also prohibited. Exceptions will be granted only in cases where the Supplier provides iControl with written authorization from the Category Manager (not the store manager) based at the Retailer’s corporate headquarters.Supplier 5.2 Retailers require that products delivered to the stores by Suppliers must bear a valid UPC code that is printed in such a way that it may be scanned using the Retailer’s point-­‐of-­‐sale point-of-sale barcode reading machines. Products that do not bear pre-­‐printed pre-printed UPC barcodes may not be distributed at the Retailer’s stores; there are no exceptions to the UPC requirement. Retailers reserve the right to request that Suppliers not deliver any products that lack standard UPC-­‐AUPC-A, UPC-­‐EUPC-E, or EAN formatted barcodes. For more information on barcodes, Suppliers should consult GS1 at xxxx://xxx.xx0.xxx xxxx://xxx.xx0.xxx, or contact xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxxxx@xxxxxxxxxxxx.xxx for more information. 5.3 Retailers may request Suppliers deliver a certain quantity based on sales history and store inventory levels.

Delivery and Distribution. Suppliers should deliver product to Retailer according to the delivery method requested by the Retailer. Suppliers must provide Retailers credit for unsold and/or damaged merchandise. Suppliers may not distribute non-­‐returnable non - returnable product under any circumstances without the express written consent of the Retailer in a separate Agreement that explicitly outlines the arrangement as it relates to the iControl program. 5.1 The distribution of unauthorized product (as determined exclusively by the Retailer), or Products where the “creditcre dit” cost differs from the “invoice” cost is also prohibited. Exceptions will be granted only in cases where the Supplier provides iControl with written authorization from the Category Manager (not the store manager) based at the Retailer’s corporate headquarters.the 5.2 Retailers require that products delivered to the stores by Suppliers must bear a valid UPC code that is printed in such a way that it may be scanned using the Retailer’s point-­‐of-­‐sale point-of-sale barcode reading machines. Products that do not bear pre-­‐printed pre- printed UPC barcodes may not be distributed at the Retailer’s stores; there are no exceptions to the UPC requirement. Retailers reserve the right to request that Suppliers not deliver any products that lack standard UPC-­‐AUPC-A, UPC-­‐EUPC-E, or EAN formatted barcodes. For more information on barcodes, Suppliers should consult GS1 at xxxx://xxx.xx0.xxx xxxx://xxx.xx0.xxx, or contact xxxxxxxxx@xxxxxxxxxxx.xxx xxxxxxxxx@xxxxxxxxxxxx.xxx for more information. 5.3 Retailers may request Suppliers deliver a certain quantity based on sales history and store inventory levels.