Purchase of Products and Services. In addition to the above general terms and conditions, the following specific terms and conditions shall apply to all Agreements whereby KIT purchases Products and/or Services from the Other Party. To the extent that any provision of this section is contrary to any general provision of these Conditions, the provisions in this section shall prevail.
Purchase of Products and Services. During the term of this Agreement --------------------------------- and from the Service Commencement Date (as herein defined), Company will purchase from McLane and XxXxxx will sell to Company, all of Company's requirements of wholesale food and non-food/ general merchandise products customarily supplied by convenience food wholesalers; provided, however, that the foregoing shall have no effect upon products purchased by Company from other vendors for whom McLane is not an approved supplier for existing and future branded fast food operations; and further, provided, that Company may purchase (i) traditional DSD products from DSD (direct store delivery) vendors, and (ii) all types of products currently being purchased from other vendors other than full-time convenience food wholesalers (it being understood that McLane may at any time propose for additional business). Such products to be purchased from McLane shall include those standard convenience food store items, including, but not limited to, the following (the "Products"):
Purchase of Products and Services. The Facilities shall have access to the Program and may purchase Products and Services under Vendor Contracts. Each Facility that makes a purchase shall be subject to all terms and conditions of this Agreement.
Purchase of Products and Services. During the term of this Agreement, Purchaser will purchase from McLane, and XxXxxx will sell to Purchaser, substantially all of Purchaser’s requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalers. Such products shall include those standard convenience food store items, including, but not limited to, the following (the “Products”):
Purchase of Products and Services. (a) Subject to the terms and conditions set forth in this Agreement, Participant, on behalf of itself and its Locations, hereby designates CPG to act as its exclusive group purchasing organization for the Committed Categories, subject to any exceptions expressly stated in this Agreement or Exhibit A to this Agreement. Participant and its Locations are hereby granted access to the Committed Vendor Contracts, pursuant to which Participant and its Locations will purchase Products and Services available thereunder for use by Participant and Locations, in compliance with the terms of such Committed Vendor Contracts. Participant and its Locations are also granted access to the Non-committed Vendor Contracts for Participant and its Locations to purchase Products and Services available thereunder for use by Participant and Locations, on an optional basis in compliance with the terms of such Non-committed Vendor Contracts. Participant, on behalf of itself and its Locations, hereby authorizes CPG, as its agent for such purposes, to (i) negotiate the terms of and enter into Vendor Contracts, and to cancel or modify any Vendor Contracts as it deems necessary, advisable or appropriate; (ii) receive rebates from Vendors based on purchases by Participant and its Locations under Vendor Contracts, for payment by CPG to Participant; and (iii) subject to the terms of Section 9 hereof, to receive from Vendors, distributors, and e-commerce companies, data relating to purchases of Products and Services under Vendor Contracts by Participant and Locations.
Purchase of Products and Services. The Company Apps provides certain goods and services which may include online courses, programs, digital products, services, memberships and subscriptions (collectively, "Products and Services"), and the delivery thereof, requires you to pay a fee. You agree to pay those amounts shown to you during checkout and understand that Products and Services are not returnable. The delivery of any Products and Services to you shall not transfer any promotional or commercial rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create derivative works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. If applicable, once you download a digital product from the Company Apps, it is your responsibility not to damage, lose or destroy it. You understand that the Products, Services and Content we provide on the Company Apps is subject to change at any time, and that Products, Services and content may be added or removed at our sole discretion. Such changes may include, among other things: the addition or removal of Content, Products and/or Services, the requirement that you pay to have access to certain Content, Products and/or Services and Content, Products and/or Services that you have previously paid for being made available at no charge. If you subscribe to become a member of the Company Apps (a "Subscription"), we will charge the applicable Subscription fee. At times, we may offer trial periods during which customers register for a Subscription and enjoy all the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period, we will automatically charge the applicable Subscription fee to the payment method that you have supplied during the registration process. You may cancel your Subscription and request a refund only within thirty (30) days after your payment has been processed. A Subscription may be cancelled for the upcoming month, but refunds will not be given for prior months. Annual or Monthly Subscriptions will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your Subscri...
Purchase of Products and Services. You agree to purchase or subscribe to the Products and Services documented in the Sales Order Form(s) set forth in Schedule A, or any subsequent Sales Order Forms that are completed and approved under this SaaS Subscription Agreement. A signed or electronically approved Sales Order Form by Customer, or a purchase order issued from Customer referencing the Sales Order Form, will be deemed formal acceptance of the Sales Order Form. For any Sales Order Form to be effective, it must be in writing and physically signed or electronically authenticated by Customer. Electronic documents are considered to be in writing for this purpose. Electronically authenticated uses electronic means to identify the individual approving the Sales Order Form by using a secure login to the SaaS Solution or other electronic sales order acceptable system. The Sales Order Form will supersede any previous written or verbal commitment for that said purchase, unless supporting documents are referenced in the Sales Order Form.
Purchase of Products and Services. 4.1 Customer agrees to purchase the Products and Services set out in this Sales Order.
Purchase of Products and Services. In addition to these Terms of Use, when purchasing or using Products and Services on this Site that are offered by Company, including without limitation, tickets to attend or participate in the Avalanche Summit or any other event and merchandise, you will be subject to any agreements or licenses applicable to those Products and Services (“Specific Agreements”), including without limitation, participation agreements. Specific Agreements may contain terms and conditions in addition to those in the Terms of Use, but all terms and conditions of the Specific Agreements and the Terms of Use apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the Specific Agreement controls with respect to your rights to the Product and Service. USER REPRESENTATIONS By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Purchase of Products and Services. During the term of this Agreement, Mapco and all affiliates of Mapco will purchase from McLane, and XxXxxx will sell and deliver to Mapco and any affiliate of Mapco all of the stores' requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalers in accordance with the prices and other terms and conditions outlined in the Exhibits A, B and C attached hereto and incorporated herein for all purposes. Such products shall include all standard convenience food store items, including, but not limited to, the following (the "PRODUCTS"): (a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs; (b) Deli foods, including meats and salads, breakfast foods, nachos and bulk sausage, xxxxxx, cheese and fish; (c) Frozen foods, such as fruits, vegetables and juices; (d) Frozen fast foods, such as burritos, pizza, pizza pieces, frozen sandwiches, and salads; (e) Candy, snacks and popcorn; (f) Cigarettes and tobacco products (other than "fourth tier" products not distributed by McLane); (g) Cold packaged meats, lunch meats and cheeses; (h) Shortening, breading and kitchen supplies; (i) Prepaid phone cards and cellular phones; (j) Post mix products including CO(2) Tanks; (k) Store supply items, i.e., wraps, fast food supplies (including napkins, individual condiments and cleaners); (l) Cooler items, i.e., cheese, biscuits, dips, cultured products, butter and margarine; (m) Health and beauty aids, hosiery, and film and flash; and, (n) General merchandise items, including motor oil, other automotive products, housewares, hardware, electrical supplies, baby supplies, sunglasses, lighters, toys and pet supplies. [*** CONFIDENTIAL TREATMENT REQUESTED] -2- <PAGE> McLane acknowledges that Mapco may use Liberty Wholesale Co., Inc. or a third-party distributor to supply items other than those customarily supplied by convenience food wholesalers, including without limitation close-outs, one-time special buys, non major brand fourth tier cigarettes, imported novelty times; provided, however, that Mapco shall first offer McLane the right to include any such product this Agreement. 1.4
