GENERAL CONTRACT - Purdue University - Indiana's Land ...



PURDUE UNIVERSITY STUDENT ORGANIZATIONS

FUNDRAISING SALES AGREEMENT

THIS AGREEMENT entered this _________ day of __________, by and between ________________________________ VENDOR , and _____________

SPONSOR (a recognized student organization at Purdue University)for the purpose of defining the provisions and arrangement that shall apply to the sale on the West Lafayette Campus of Purdue University. The term of this agreement shall be on _______________ (date).

1. LOCATION, DATES, AND TIME OF SALE:

• The Vendor agrees to provide the following items_______________________________ to be sold by the Vendor.

• The Sponsor agrees to provide to Vendor an on-campus location for the Fund Raising Sale.

• The location will be at the, _____________,Purdue University on _____________ (date)and hours will be from ____________________.

2. PHYSICAL ARRANGEMENTS:

• The SPONSOR will file the proper Event Planning Form with Purdue University’s Office of the Dean of Students in order to seek approval for each sales activity.

• The SPONSOR will make arrangements for table and chairs as needed by the vendor at the location of the sale.

3. PUBLICITY:

• All fliers and other advertising must clearly identify the student organization as the SPONSOR of the event. The student organization must clearly be identified as the SPONSOR of the activity at the on-campus location.

4. STAFFING REQUIREMENTS:

• VENDOR will provide their own employees, at its expense to set up, arrange, and conduct the sale.

• VENDOR is solely responsible for all product handling, prepration, distribution and storage as prescribed by the County of Tippecanoe Department of Health.

• VENDOR is responsible for unpacking, packing, and maintaining security of the items during and after each day’s sale activity.

• VENDOR is responsible for any overnight storage of sales items.

• VENDOR must be present during the sale hours to supervise all persons hired by the VENDOR to work at the sale.

• SPONSOR shall provide a representative to oversee the sales operation and collection of funds during the time periods of the sale, but they will not be staffing the booth or making sales.

• VENDOR to provide change funds for all sales.

5. AUDITING PROCEDURES:

VENDOR shall be responsible for processing and recording of all credit card transactions and for the collection and recording of cash payments (checks and cash). At the conclusion of each day’s sales activity, the sales will be documented on a Sales Transaction Report. The Sales Transaction Report will verify the credit card sales, check payments, and cash payments. This report will also show the sponsorship commission due to the student organization. This report will be signed by two representatives from the student organization and a representative from the VENDOR.

The VENDOR will provide a copy of the daily credit card batch totals to document the total credit card sales.

The VENDOR and SPONSOR will document the daily cash/check sales by the use of one of the following methods:

• Cash register tape summary totals.

• Use of a consecutively pre-numbered receipt book.

• Use of consecutively pre-numbered sales order forms.

6. SPONSORSHIP COMMISSION:

• A sponsorship commission of (20%) of net sales will be paid to the student organization based upon all sales processed at Purdue University and all direct sales processed by the VENDOR. (Net Sales = Total Sales less Sales Tax) Sales data submitted on the Sales Transaction Report will provide this information.

7. INDIANA STATE SALES TAX:

VENDOR assumes responsibility for complying with all laws of the State of Indiana to include, but not limited to, registration for a Retail Merchant Certificate, the collection of the seven per cent (7%) Sales and Use Tax and the payment of collected moneys in accordance with the guidelines issued by the Indiana Department of Revenue.

8. LIABILITY:

Purdue University and the student organization will not accept any liability for loss or damage to sales items located on the premises of the University and owned by the VENDOR. VENDOR agrees to maintain in force during the event General Liability and Products Liability policies with minimum per occurrence limits of $1,000,000. Vendor shall provide a current Certificate of Insurance issued to The Trustees of Purdue University as evidence of the required coverages. Fax to BOSO 765-496-2208.

9. CONDITION OF SALE:

The VENDOR and any representative of the VENDOR conducting the sale on Purdue University premises agree to abide by all Federal and State Laws, particularly those pertaining to copyrighted materials; all provisions of this Agreement and other applicable University policies, rules, and regulations.

10. TERMINATION OF SALE:

Failure of the VENDOR and its representatives to abide by all provisions of the Agreement may result in the termination of the Agreement by Purdue University and the student organization.

11. Either the SPONSOR or the VENDOR may terminate this Agreement for any reason whatsoever by notifying the other party not less than thirty (30) days before the opening of the sale.

12. If any merchandise sold at this sale bears the Purdue University seal, logo, or

trademark, the VENDOR will display the official licensing tag which indicates the seal, logo, or trademark have been reproduced under the licensing agreement as registered with the Collegiate Licensing Company.

13. ADVERTISING:

• SPONSOR will provide advertisement in fliers;

14. Governing Law; Exclusive Jurisdiction;Exclusive Venue: This agreement is entered into in Indiana and shall be governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Indiana. Courts of competent authority located in Tippecanoe County, Indiana shall have sole and exclusive jurisdiction of any action arising out of or in connection with the Agreement, and such courts shall be the sole and exclusive venue for any such action.

15. This Agreement shall expire immediately in the event that the Collegiate Licensing Company Standard Retail Product License Agreement between Licensee and the Collegiate Licensing Company, acting on behalf of the University, expires or is termintated.

16. Additiionally, by signing this Agreement, I hereby agree that in the event of a breach of any of the terms of this Agreement, the University shall be entitled to recover from the Vendor reasonable attorney fees, the costs of collection, and court costs, in addition to al other relief, in law or in equity, to which the University may be entitled. The costs of collection may also include collection agency costs if the account is referred to a third party collection agency for collection. Any judgment entered shall be without relief from valuation and appraisement laws.

17. Additional Provisions: ______________________________________________________________

IN WITNESS WHEREOF the parties have affixed their name on the day and year first above written.

|NAME OF STUDENT ORGANIZATION |

| |NAME OF VENDOR PRINTED |

| |VENDOR'S SIGNATURE DATE |

| |AUTHORIZED SIGNATURE PRINTED |

| |FED TAX ID NUMBER or SOCIAL SECURITY |

| | |

| | |

| |ADDRESS |

| |CITY STATE ZIP |

| |PHONE |

| |

|BUSINESS OFFICE |

|STUDENT ORGANIZATIONS DATE |

SALES TRANSACTION REPORT

Total Credit Card Sales _______________________

Total Check Payments _______________________

Total Cash Payments _______________________

Total Sales (includes sales tax) _______________________

I certify the above information is correct regarding the funds collected from the sale on _____________, 2010.

_____________________________ ____________________________

STUDENT ORGANIZATION VENDOR

_____________________________

STUDENT ORGANIZATION

SALES DATA CALCULATIONS

Total Sales (includes Sales Tax) ________________________

Taxable Sales/Net Sales (divide Total Sales by 1.07) ________________________**

Sales Tax (Total Sales less Taxable Sales) ________________________

COMMISSION PAYMENT:

Net Sales** ________________________

Multiply by Commission Percentage Rate ________________________

Payment Due to Student Organization ________________________

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