Common use of Implied or express contracts Clause in Contracts

Implied or express contracts. a. Any contract or agreement, written or unwritten, which has the effect of requiring the retailer to purchase alcoholic liquor, wine, or beer from the industry member beyond a single sales transaction is prohibited, except as provided in paragraph 16.60 (1) “b.” Examples of such contracts are: (1) An advertising contract between an industry member and a retailer with the express or implied requirement of the purchase of the advertiser’s products. (2) A sales contract awarded on a competitive bid basis which has the effect of prohibiting the retailer from purchasing from other industry members by requiring that, for the period of the agreement, the retailer purchase a product or line of products exclusively from the industry member or requiring that the retailer purchase a specific or minimum quantity during the period of the agreement.

Implied or express contracts. a. Any contract or agreement, written or unwritten, which that has the effect of requiring the retailer to purchase alcoholic liquor, wine, or beer from the industry member beyond a single sales transaction is prohibited, except as provided in paragraph 16.601003.22 (1) “b.” Examples of such contracts are: (1) An advertising contract between an industry member and a retailer with the express or implied requirement of the purchase of the advertiser’s products. (2) A sales contract awarded on a competitive bid basis which that has the effect of prohibiting the retailer from purchasing from other industry members by requiring that, for the period of the agreement, the retailer purchase a product or line of products exclusively from the industry member or requiring that the retailer purchase a specific or minimum quantity during the period of the agreement.