Standard Payment Terms. Except as noted below, DISTRIBUTOR and COMPANY have agreed that payments to DISTRIBUTOR for Products delivered to the Operators (including Contract Feeders as defined below) shall be received by ACH debit entry initiated by DISTRIBUTOR, so that the amount is credited to DISTRIBUTOR’s account no sooner than [CONFIDENTIAL](90) days after the date of delivery. DISTRIBUTOR may also accept payment by check if so requested by Operator and approved by DISTRIBUTOR. All new Operators will initially receive credit terms of [CONFIDENTIAL](91) days, provided that they satisfy DISTRIBUTOR’S credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators, in light of all relevant facts and circumstances. Payment terms will be extended only to those Operators that are creditworthy as shall have been solely determined by DISTRIBUTOR. DISTRIBUTOR may, in its sole discretion, provide alternate payment terms to those Operators not meeting DISTRIBUTOR’s standards for creditworthiness. DISTRIBUTOR will provide email or fax notice to each Operator at least two (2) days prior to the ACH debit entry actually taking place, advising Operator of the amount of the ACH debit, along with the invoice number and any credits posted during the prior seven (7) days. Notwithstanding the foregoing, DISTRIBUTOR agrees to provide extended credit terms to Operators performing as Contract Feeders (as defined below) in non-traditional locations provided that they satisfy DISTRIBUTOR’s credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators in light of all relevant facts and circumstances. To qualify for such credit terms, each location operated by a Contract Feeder in the Territory must be approved by COMPANY in writing and the Contract Feeder must comply with these extended credit terms. “Contract Feeders” are Operators who operate non-traditional food service locations in facilities such as airports, sports facilities, travel plazas, universities, tech centers, etc.
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Standard Payment Terms. Except as noted below, DISTRIBUTOR and COMPANY have agreed that payments to DISTRIBUTOR for Products delivered to the Operators (including Contract Feeders as defined below) shall be received by ACH debit entry initiated by DISTRIBUTOR, so that the amount is credited to DISTRIBUTOR’s account on Friday of each week for all deliveries made for the prior week and no Operator will be charged sooner than [CONFIDENTIAL](90CONFIDENTIAL](62) days after the date of delivery. Operator’s who receive deliveries on Saturday or Sunday will have their debit entry initiated by DISTRIBUTOR on the Friday [CONFIDENTIAL](63) and [CONFIDENTIAL](64) days, respectively, following such delivery. DISTRIBUTOR may also accept payment by check if so requested by Operator and approved by DISTRIBUTOR. All new Operators will initially receive credit terms of [CONFIDENTIAL](91CONFIDENTIAL](65) days, provided that they satisfy DISTRIBUTOR’S credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators, in light of all relevant facts and circumstances. Payment terms will be extended only to those Operators that are creditworthy as shall have been solely determined by DISTRIBUTOR. DISTRIBUTOR may, in its sole discretion, provide alternate payment terms to those Operators not meeting DISTRIBUTOR’s standards for creditworthiness. DISTRIBUTOR will provide email or fax notice to each Operator at least two (2) days prior to the ACH debit entry actually taking place, advising Operator on Monday of each week of the amount of the ACH debit, debit entry to take place that following Friday along with the invoice number and any credits posted during the prior seven (7[CONFIDENTIAL](66) days. Notwithstanding the foregoing, DISTRIBUTOR agrees to provide extended credit terms to Operators performing as Contract Feeders (as defined below) in non-traditional locations provided that they satisfy DISTRIBUTOR’s credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators in light of all relevant facts and circumstances. Payment terms will be extended only to those Operators that are creditworthy as shall have been solely determined by DISTRIBUTOR. DISTRIBUTOR may, in its sole discretion, provide alternate payment terms to those Operators not meeting DISTRIBUTOR’s standards for creditworthiness. To qualify for such credit terms, each location operated by a Contract Feeder in the Territory must be approved by COMPANY in writing and the Contract Feeder must comply with these extended credit terms. “Contract Feeders” are Operators who operate non-traditional food service locations in facilities such as airports, sports facilities, travel plazas, universities, tech centers, etc.food
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Standard Payment Terms. Except as noted below, DISTRIBUTOR and COMPANY have agreed that payments to DISTRIBUTOR for Products delivered to the Operators (including Contract Feeders as defined below) shall be received by ACH debit entry initiated by DISTRIBUTOR, so that the amount is credited to DISTRIBUTOR’s account no sooner than [CONFIDENTIAL](90CONFIDENTIAL](54) days after the date of delivery. Operator’s who receive deliveries on Saturday or Sunday will have their debit entry initiated by DISTRIBUTOR on the Monday [CONFIDENTIAL](55) and [CONFIDENTIAL](56) days, respectively, following such delivery. DISTRIBUTOR may also accept payment by check if so requested by Operator and approved by DISTRIBUTOR. All new Operators will initially receive credit terms of [CONFIDENTIAL](91CONFIDENTIAL](57) days, provided that they satisfy DISTRIBUTOR’S credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators, in light of all relevant facts and circumstances. Payment terms will be extended only to those Operators that are creditworthy as shall have been solely determined by DISTRIBUTOR. DISTRIBUTOR may, in its sole discretion, provide alternate payment terms to those Operators not meeting DISTRIBUTOR’s standards for creditworthiness. DISTRIBUTOR will provide email or fax notice to each Operator at least two (2[CONFIDENTIAL](58) days prior to the ACH debit entry actually taking place, advising Operator of the amount of the ACH debit, along with the invoice number and any credits posted during the prior seven (7[CONFIDENTIAL](59) days. Notwithstanding the foregoing, DISTRIBUTOR agrees to provide extended credit terms to Operators performing as Contract Feeders (as defined below) in non-traditional locations provided that they satisfy DISTRIBUTOR’s credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators in light of all relevant facts and circumstances. To qualify for such credit terms, each location operated by a Contract Feeder in the Territory must be approved by COMPANY in writing and the Contract Feeder must comply with these extended credit terms. “Contract Feeders” are Operators who operate non-traditional food service locations in facilities such as airports, sports facilities, travel plazas, universities, tech centers, etc.
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)
Standard Payment Terms. Except as noted below, DISTRIBUTOR and COMPANY have agreed that payments to DISTRIBUTOR for Products delivered to the Operators (including Contract Feeders as defined below) shall be received by ACH debit entry initiated by DISTRIBUTOR, so that the amount is credited to DISTRIBUTOR’s account no sooner than on Friday of each week for deliveries made during the preceding [CONFIDENTIAL](90CONFIDENTIAL](56). Thus, stores which receive deliveries on Saturday or Sunday, would have their account debited [CONFIDENTIAL](57) days and [CONFIDENTIAL](58) days, respectively, after the date receipt of deliverytheir order. DISTRIBUTOR may also accept payment by check if so requested by Operator and approved by DISTRIBUTOR. All new Operators will initially receive credit terms of [CONFIDENTIAL](91) daysas outlined above, provided that they satisfy DISTRIBUTOR’S credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators, in light of all relevant facts and circumstances. Payment terms will be extended only to those Operators that are creditworthy as shall have been solely determined by DISTRIBUTOR. DISTRIBUTOR may, in its sole discretion, provide alternate payment terms to those Operators not meeting DISTRIBUTOR’s standards for creditworthiness. DISTRIBUTOR will provide email or fax notice to each Operator at least two (2[CONFIDENTIAL](59) days prior to the ACH debit entry actually taking place, advising Operator of the amount of the ACH debit, along with the invoice number and any credits posted during the prior seven (7[CONFIDENTIAL](60) days. Notwithstanding the foregoing, DISTRIBUTOR agrees to provide extended credit terms to Operators performing as Contract Feeders (as defined below) in non-traditional locations provided that they satisfy DISTRIBUTOR’s credit criteria for such terms, as such criteria is uniformly applied among all similarly situated Operators in light of all relevant facts and circumstances. To qualify for such credit terms, each location operated by a Contract Feeder in the Territory must be approved by COMPANY in writing and the Contract Feeder must comply with these extended credit terms. “Contract Feeders” are Operators who operate non-traditional food service locations in facilities such as airports, sports facilities, travel plazas, universities, tech centers, etc.the
Appears in 1 contract
Samples: Distribution Agreement (MRS Fields Famous Brands LLC)