Common use of Pickups Clause in Contracts

Pickups. Participant may refuse Products, which are shipped incorrectly, not ordered, or shipped outside the applicable Yum! published shelf life matrix or which are otherwise non-conforming, in each case, at the time of delivery; provided, however, that Participant may refuse produce Products consistent with the customary practices in effect as of the Effective Date. Distributor shall pick up any such refused Product at the time of delivery or, in any event, on the next scheduled delivery except that: (i) produce Products, due to perishability, will not be picked up; and (ii) no frozen or refrigerated Products will be picked up once such Products have left Distributor’s possession. Distributor shall promptly issue credit to the applicable Participant for such returned Products. For Key Drop Deliveries, as defined in Section 3(b)(ii) of this Agreement, Participant must notify Distributor of shorts and damages by 11:00 a.m. the day the Product was delivered to be eligible for credit. Nothing in this Agreement precludes or limits Participant’s right to request credit for or pickup of Products with defects or which are non-conforming in ways not evident to a superficial visual inspection of the Products upon their delivery; provided, however, produce Products, due to perishability, will not be picked up and no frozen or refrigerated Products will be picked up once such Products have left Distributor’s possession. Participant’s requests for credit for Products with defects or which are non-conforming in ways not evident to a superficial visual inspection of the Products shall be directed to the Yum! Quality Assurance Hotline (the “Hotline”). The Hotline will evaluate the Participant’s request for credit and the supporting detail and recommend a credit, partial credit or no credit be provided by the Distributor to the Participant. The Hotline’s recommendation concerning the credit is non-binding and issues and other disputes concerning any credit will be resolved directly between the Distributor and the Participant. Products refused by Participants for reasons other than those stated above, shall be subject to a 15% restocking charge imposed by Distributor.