Gross Sales Sample Clauses

Gross Sales. Gross Sales means the selling price of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basis, including, without limitation, any “lay-away” sale or like transaction, or otherwise involving the extension of credit, shall be treated as a sale for the full price at the time of the transaction, irrespective of the time of payment or when title passes. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of ...