Present DISTRIBUTOR’s Inventory Sample Clauses
The "Present DISTRIBUTOR’s Inventory" clause defines the requirements and procedures regarding the current stock of products held by the distributor at a given time. Typically, this clause outlines how the distributor must report or account for their existing inventory, possibly specifying formats, timing, or verification methods. For example, it may require the distributor to provide an up-to-date inventory list upon request or at regular intervals. The core function of this clause is to ensure transparency and accurate record-keeping of product inventory, which helps both parties manage supply, forecast demand, and resolve potential disputes over stock levels.
Present DISTRIBUTOR’s Inventory. DISTRIBUTOR agrees to purchase the existing merchantable and saleable inventory of Proprietary Products from COMPANY’S present distributor located in Greensboro, North Carolina and in quantities not to exceed a [CONFIDENTIAL](18) supply of such Products, in the aggregate, provided that DISTRIBUTOR and COMPANY have been given an opportunity by the present distributor to inspect any such Product prior to purchase pursuant to this Section 3.04. DISTRIBUTOR will pay, via check, the present distributor for Products purchased from it, within ten (10) days of the later of DISTRIBUTOR’S receipt of the Products or the receipt of the invoice approved by COMPANY for the Products. DISTRIBUTOR shall be responsible for all freight and unloading costs associated with transporting such inventory from the existing DISTRIBUTOR’s locations listed above. DISTRIBUTOR will not be responsible for any handling or other fees charged by the current distributor in connection with DISTRIBUTOR’s loading and transferring of such inventory. COMPANY and the current distributor will be required to provide all reasonable assistance and cooperation to DISTRIBUTOR in connection with the purchase, loading and transportation of such inventory from the current distributor to the DISTRIBUTOR distribution center, including the scheduling of mutually agreeable inventory inspection and pick-up times. In the event that the Cost of the Product, as purchased from the existing distributor, exceeds or is less than the Cost that DISTRIBUTOR would otherwise utilize in determining the Sell Price for such Products obtained through suppliers, including COMPANY, DISTRIBUTOR shall utilize the Cost designated by COMPANY in determining the Sell Price and shall invoice, pay to COMPANY or charge the Operator, as directed by the COMPANY, in the amount of the difference. In the event COMPANY directs DISTRIBUTOR to invoice the COMPANY, COMPANY shall pay such invoiced amount, via check, so that it is received by DISTRIBUTOR within [CONFIDENTIAL](19) days of the date of the invoice. In the case of a rebate to COMPANY, DISTRIBUTOR shall pay the rebated amount within [CONFIDENTIAL](20) days of its determination of the amount to be rebated.
(18) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC.
(19) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately ...
Present DISTRIBUTOR’s Inventory. DISTRIBUTOR agrees to purchase the existing merchantable and saleable inventory of Proprietary Products from COMPANY’S present distributor located in Orlando, Florida and Atlanta, Georgia in quantities not to exceed a four-weeks’ supply of such Products, in the aggregate, provided that DISTRIBUTOR and COMPANY have been given an opportunity by the present distributor to inspect any such Product prior to purchase pursuant to this Section 3.04. DISTRIBUTOR will pay, via check, the present
Present DISTRIBUTOR’s Inventory. DISTRIBUTOR agrees to purchase the existing merchantable and saleable inventory of Proprietary Products from COMPANY’S present
Present DISTRIBUTOR’s Inventory. DISTRIBUTOR agrees to purchase the existing merchantable and saleable inventory of Proprietary Products from COMPANY’S present distributor located in Alsip, Illinois in quantities not to exceed a [CONFIDENTIAL](15) days’ supply of such Products, in the aggregate, provided that DISTRIBUTOR and COMPANY have been given an opportunity by the present distributor to inspect any such Product prior to purchase pursuant to this Section 3.04. DISTRIBUTOR will pay, via check, the present distributor for
Present DISTRIBUTOR’s Inventory. DISTRIBUTOR agrees to purchase the existing merchantable and saleable inventory of Proprietary Products from COMPANY’S present distributor located in Swedesboro, New Jersey and Columbus, Ohio and in quantities not to
Present DISTRIBUTOR’s Inventory. DISTRIBUTOR agrees to purchase the existing merchantable and saleable inventory of Proprietary Products from COMPANY’S present distributor located in Anaheim, California; Stockton, California; Tacoma, Washington; and Phoenix Arizona and in quantities not to exceed a [CONFIDENTIAL](17) supply of such Products, in the aggregate for each location listed above, provided that DISTRIBUTOR and COMPANY have been given an opportunity by the present distributor to inspect any such Product prior to purchase pursuant to this Section 3.04. Proprietary Products picked up by DISTRIBUTOR will have at least one-third of their original shelf life remaining or COMPANY will agree to waive this requirement pursuant to section 3.02. COMPANY agrees to develop a plan to accelerate product movement for any Proprietary Product picked up by DISTRIBUTOR that represents more than six (6) month’s historical usage to insure all of this Product is sold or disposed of at the sooner of six (6) months or its remaining useful shelf life. DISTRIBUTOR will pay, via check, the present distributor for Products purchased from it, within ten (10) days of the later of DISTRIBUTOR’S receipt of the Products or the receipt of the invoice approved by COMPANY for the Products. DISTRIBUTOR shall be responsible for all freight and unloading