- 7 - In exchange for Save Mart's commitments, American Greetings agreed to provide Westpac with the following: (1) A credit of $100 per lineal foot dedicated to American Greetings products in newly constructed stores or newly acquired stores not carrying American Greetings products; (2) an annual discount equal to 5 percent of the increase in purchases made in the prior year over that made in the year before the prior year; (3) a 1.5-percent discount on total net receipts to American Greetings from Save Mart purchases, creditable each quarter; (4) additional discounts totaling $1,250,000 “in lieu of periodic volume discounts”, creditable upon execution of the agreement; and (5) a 5-percent advertising allowance based on the sale of everyday and seasonal counter cards. Whereas the contract called for the $1,250,000 discount to be made in the form of a credit, the parties subsequently agreed that payment would be made in cash. The parties also agreed that the cash payment would be made to Westpac instead of directly to Save Mart.3 Save Mart and American Greetings terminated their contract before Save Mart satisfied its volume purchase commitment. Although the contract contained no express provision requiring 3 Evidently, the payment was assigned from Save Mart to Westpac because Westpac's owners had agreed to pool the advance payments which they received under this and other long-term purchase contracts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011