Common use of Food Vendors Clause in Contracts

Food Vendors. The following amendments to the above terms and conditions shall apply to any food products purchased from Vendor by Buyer (any other Merchandise purchased from Vendor by Buyer shall be governed by the foregoing, without amendment): (i) Paragraph 4 - delete "or repair it at Vendor's expense" in line 3 and delete "and a handling, storage and inspection charge of 71/2% of the returned Merchandise invoice price' starting in line 3 (ii) Paragraph 10 - delete 27 the remainder of (d) starting with ", shall make ONE COMPLETE..." starting in line 6; and (iii) Paragraph 12 - delete in its entirety. 28 EXHIBIT C PURCHASE ORDER TERMS AND CONDITIONS Vendor and Kmart Corporation, 3100 Xxxx Xxx Xxxxxx Xxxx, Xxxx, Xxxxxxxx 00000-0000, ("Buyer") agree, to the fullest extent permitted by law, to be bound by all terms and conditions contained or incorporated herein, all of which are a part of each Purchase Order issued to Vendor by Buyer ("Order") and should be carefully read. Any provisions in Vendor's invoices, billing statements, acknowledgment forms or similar documents which are inconsistent with the provision of an Order shall be of no force or effect. The cost price set forth in each Order includes the cost of manufacturing, packaging, labeling and shipping unless otherwise specified in the Order.

Food Vendors. The following amendments to the above terms and conditions shall apply to any food products purchased from Vendor by Buyer (any other Merchandise purchased from Vendor by Buyer shall be governed by the foregoing, without amendment): (i) Paragraph 4 - delete "or repair it at Vendor's expense" in line 3 and delete "and a handling, storage and inspection charge of 71/27 1/2% of the returned Merchandise invoice price' starting in line 3 (ii) Paragraph 10 - delete 27 the remainder of (d) starting with ", shall make ONE COMPLETE..." starting in line 6; and (iii) Paragraph 12 - delete in its entirety. 28 EXHIBIT C PURCHASE ORDER TERMS AND CONDITIONS Vendor and Kmart Corporation, 3100 Xxxx Xxx Xxxxxx Xxxx, Xxxx, Xxxxxxxx 00000-0000, ("Buyer") agree, to the fullest extent permitted by law, to be bound by all terms and conditions contained or incorporated herein, all of which are a part of each Purchase Order issued to Vendor by Buyer ("Order") and should be carefully read. Any provisions in Vendor's invoices, billing statements, acknowledgment forms or similar documents which are inconsistent with the provision of an Order shall be of no force or effect. The cost price set forth in each Order includes the cost of manufacturing, packaging, labeling and shipping unless otherwise specified in the Order.

Food Vendors. The following amendments to the above terms and conditions shall apply to any food products purchased from Vendor by Buyer (any other Merchandise purchased from Vendor by Buyer shall be governed by the foregoing, without amendment): (i) Paragraph 4 - delete "or repair it at Vendor's expense" in line 3 and delete "and a handling, storage and inspection charge of 71/27 1/2% of the returned Merchandise invoice price' starting in line 3 (ii) Paragraph 10 - delete 27 the remainder of (d) starting with ", shall make ONE COMPLETE..." starting in line 6; and (iii) Paragraph 12 - delete in its entirety. 28 25 EXHIBIT C PURCHASE ORDER TERMS AND CONDITIONS Vendor and Kmart Corporation, 3100 Xxxx Xxx Xxxxxx Xxxx, Xxxx, Xxxxxxxx 00000-0000, ("Buyer") agree, to the fullest extent permitted by law, to be bound by all terms and conditions contained or incorporated herein, all of which are a part of each Purchase Order issued to Vendor by Buyer ("Order") and should be carefully read. Any provisions in Vendor's invoices, billing statements, acknowledgment forms or similar documents which are inconsistent with the provision of an Order shall be of no force or effect. The cost price set forth in each Order includes the cost of manufacturing, packaging, labeling and shipping unless otherwise specified in the Order.