Jamba Juice 2007 Annual Report Download - page 164

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sales representative at a managerial level for JJC who will have no involvement with any other retailers that have juice and/or smoothies as their core business.
Distributor’s sales representative will be available 12 hours a day by a toll-free 800 number pager. Response time will be within two (2) hours Monday through
Friday, between 8:00 a.m. and 6 p.m., and within four (4) hours on weekends, after hours, and holidays. Distributor shall provide Jamba Juice Company
corporate offices restricted remote access to Distributor computers specifically for the purpose of accessing velocity and Inventory data regarding Store activity.
6.5 Day Deliveries. For Day Deliveries, there will be a two-hour delivery window from the scheduled delivery time. No deliveries to be made between the
hours of 11:00 a.m. and 1:00 p.m., unless agreed to be store management. Should Distributor fail to deliver within such two-hour window, or deliver less
Product than ordered to the Store, Distributor will pay Incremental Product Costs that the Store incurs, plus $10.00, to cover the shortage (Incremental Product
Costs will be limited to a maximum usage for a normal 24-hour period). The Distributor’s driver will be responsible for bringing the product into the store and
placing the cases near their respective storage areas. The driver must check in the order with store personnel and verify invoicing accuracy. The driver must
note all discrepancies on the invoice prior to obtaining a team member’s signature.
The parties may by mutual written agreement, change the scheduled delivery windows from time to time. Distributor will communicate needed changes
on the delivery schedule to the Stores in writing at least one week prior to any change. Any major changes to delivery schedules must be communicated to JJC
Manager of Supply Chain and Logistics for review and approval at least two weeks in advance of any proposed change.
All “day drop” deliveries, in which the driver has missed their delivery window, will be subject to the requirements of a “key drop” delivery. The driver
will be responsible for putting the product on the shelves. We anticipate that stores routinely have product rotated and prepared for day deliveries.
6.6 Key Drop Deliveries.
(a) Delivery Procedures. For Stores participating in Key Drop Deliveries, Distributor’s driver will be responsible for delivering all freezer and
chilled Products into the respective walk-ins via dolly, and shall stock Products on the shelves. All dry Products are to be placed together in the storage areas
located in the back of each Store. Store management is responsible for preparing walk-in units for deliveries by moving all existing merchandise to the front of
the walk-ins. When space is not available or Product has not been properly rotated prior to the delivery, Distributor’s driver may place Product on the floor of
the walk-in. If Distributor’s driver is not able to make a scheduled delivery to a Store due to the fault of a JJC employee (i.e., locks or security codes changed
without informing Distributor in advance), JJC will pay Distributor [****], plus any applicable non-scheduled delivery surcharge for returning to the Store to
make the delivery.
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