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locations, including the Buffalo, New York, and Toledo, Ohio,
distribution centers of J.C. Penney. AJF also performed delivery
work for J.C. Penney in other States and delivered fabricated
goods for the Buffalo Custom Decorating Division of J.C. Penney.
AJF used the trucks of J.C. Penney to perform its contract
services from 1988 to October 1990. Thereafter, AJF supplied
both the drivers and the trucks. J.C. Penney reimbursed AJF for
fuel purchased by AJF in performing its delivery services under
the Agreement. AJF employees used cash and corporate credit
cards for the purchase of fuel used in the delivery of J.C.
Penney products.
AJF's delivery employees, generally a driver and sometimes a
helper, maintained a "trip sheet" which was a diary of their
deliveries. The trip sheet formed the basis of AJF's payroll and
billing to J.C. Penney. The drivers would also maintain a
delivery manifest which listed tasks the drivers were to perform
for the day.
When AJF's employees delivered the furniture, they would
sometimes collect a COD (Cash on Delivery) from J.C. Penney's
customer. Under the Contract, AJF was responsible for the
collection of COD's and maintained a COD account which was an
account of cash collected from J.C. Penney's customers. The
delivery manifest reflected all the COD's collected and the form
in which those COD's were paid, e.g., checks, cash, or money
orders. The trip sheet or manifest contained the name or names
of employees on the particular delivery and listed expenses
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Last modified: May 25, 2011