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AG 2009 06 15
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AG 2009 06 15
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Last modified
2/5/2010 4:01:01 PM
Creation date
11/27/2017 11:25:33 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/5/2010
Board
Board of Commissioners
Meeting Type
Regular
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i~ <br />Co~orate PurchusinQ AQree~nerrt Corrf dential Page 7 <br />Changes"), may have a material and adverse <br />impact on Supplier' overall Product pricing and <br />Incentives offered under this Agreement, and <br />that without limiting its other rights and <br />remedies, Supplier shall be entitled to (a) <br />analyze, review and adjust the Product pricing <br />and Incentives as a result of Buyer's proposed <br />Commodity Grouping Changes, or (b) consider <br />Buyer to be in default of this Agreement. <br />5.3 Extraordinary Price Adjustment. <br />Supplier reserves the right to adjust the price on <br />any Product or Service offered to Buyer in the <br />event that extraordinary market events require the <br />immediate adjustment of that Product or <br />Service's price. Any Extraordinary Price <br />Adjustment shall be accompanied by appropriate <br />supporting documentation to explain and/or <br />justify such an adjustment. Supplier also reserves <br />the right to add a fuel surcharge to Buyers orders. <br />5.4 Pricing Limitations and <br />Incentives. Supplier reserves the right to not sell <br />any Products below its purchase order cost. <br />Supplier agrees to pay Buyer for those <br />Incentives for which Buyer qualifies in <br />accordance with the terms set forth in Exhibit B <br />("Supplemental Provisions"). Supplier shall <br />have no obligation to pay Buyer any Incentives <br />not earned prior to or as a result of the <br />termination, expiration or cancellation of this <br />Agreement. Incentive payments will only be <br />made if Buyer's account(s) have current account <br />receivables. <br />6.0 PROPRIETARY PRODUCTS. <br />6.1 Pro~rietary_ Products. Buyer <br />acknowledges that Supplier rnay, at the request of <br />Buyer, purchase Proprietary Products for Buyer <br />pursuant to the terms of a Proprietary Products <br />Agreement, which will be provided to Buyer <br />upon request. Buyer shall not be required to <br />purchase or pay far any quantity of Proprietary <br />Products in excess of the amounts specified in the <br />Proprietary Products Agreement. <br />7.0 SERVICES; DELIVERY; RETURNS <br />AND REPORTING. <br />7.1 Services. Supplier agrees to <br />provide the Services listed in Exhibit B <br />("Supplemental Provisions"), at no additional <br />charge unless otherwise indicated, in accordance <br />with this Agreement and the performance <br />standards and quality requirements set forth in <br />Exhibit B. Services may be modified, changed, <br />or enhanced from time to time as mutually <br />agreed by the Parties in written modifications to <br />Exhibit B. <br />7.2 Standard Delivery. Supplier <br />shall use commercially reasonable efforts to ship <br />Products ordered by Buyer before 5:00 p.m. local <br />time within one (I) Business Day after <br />acceptance of a Purchase Order, except for <br />special order Products or Products that are back <br />ordered. In the event that a Product is back <br />ordered or shipment is delayed for any reason, <br />Buyer will be notified of such delay and Supplier <br />shall use commercially reasonable efforts to <br />deliver the delayed Product as promptly as <br />commercially practicable. Supplier will treat any <br />such delayed order as active unless Buyer <br />contacts Supplier and provides other instructions. <br />Supplier's standard shipments shall be F.O.B. <br />Buyer's location in the forty-eight (48) <br />contiguous United States. Additional freight <br />charges may apply for desk-top delivery, special <br />delivery, rushes or special order Products. <br />7.3 Right of Access. Buyer shall <br />permit Supplier' employees, subcontractors and <br />agents reasonable access to its facilities in <br />connection with performance hereunder. <br />7.4 Returns. Supplier will accept <br />returns of stocked office supply Products in <br />salable condition up to thirty (30) Calendar Days <br />after receipt by Buyer, including Staples Brand <br />office supply Products. The Product must be <br />returned to Supplier with its complete and <br />original manufacturer's packaging intact and <br />undamaged, including Universal Product Code <br />(UPC), manuals and parts, and a copy of the <br />packing slip. Any Product that is returned <br />E <br />i <br />0 <br /> <br />J <br />i <br /> <br />[] <br />n <br />~_! <br />;-J <br />C <br />I] <br />i] <br /> <br /> <br />Attachment number 5 <br />F_~ Page 224 of 433 <br /> <br />
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