Beruflich Dokumente
Kultur Dokumente
Revision Date
July 2005
Effective Date 15 August 2005
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Revision Date
July 2005
Effective Date 15 August 2005
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2.14 HP reserves the right to change or terminate OPGs at any time subject to notification. Any change or
termination shall not apply to orders accepted by First-tier Reseller prior to HPs notification.
2.15 In the event that HP issues more than one OPG for the same transaction during a given period, the terms
of the latest OPG will prevail over those of the previous OPG.
3. Upfront Discounts
3.1 Special Pricing granted by HP in the form of upfront discounts will be applied to First-tier Resellers orders
placed under its current Agreement.
3.2 HP will apply Special Pricing discounts on orders on the condition that:
- First-tier Resellers orders specify a valid OPG identifier number,
- The maximum quantity of products as stated in the OPG has not been reached,
- First-tier Reseller has the appropriate Product Exhibit under its Agreement,
- First-tier Reseller orders within the validity period of the OPG, and
- Products are resold to the end-user customer named in the OPG.
4. Rebate Claims
4.1 Special Pricing granted by HP in the form of retrospective rebates will be paid to First-tier Reseller as a
credit under its current Agreement.
4.2 HP will accept Special Pricing rebate claims on the condition that:
- Products were purchased directly from HP under Resellers Agreement
- Products were not part of a Promotion or cumulated with Special Pricing conditions from other discounts
or rebates
- The rebate is addressed to the local HP entity that sold the products to Reseller
- The rebate claim specifies the most recent valid OPG version available at the sell-out date to the secondtier Reseller or end-user customer
- The maximum quantity of products as stated in the OPG has not been reached
- The Products were either resold directly to the end-user customer named in the OPG or resold to the
Second-tier Reseller and resold by the Second-tier Reseller to end-user customer named in the OPG (if
applicable for a specific end-user customer deal)
- First-tier Reseller orders within the validity period of the OPG
- Product was delivered to the Second-tier Reseller or end-user customer within the validity period of the
OPG
- First-tier Reseller sends only one claim sheet per sell-out period
- First-tier Reseller files claim within 31 calendar days of sell-out date to the end-user customer or to the
Second-tier Reseller, and
- Items in the claim sheet are clearly grouped per OPG identifier and bundles clearly identified.
5. End-user Verification
5.1 If Reseller is a Second-tier Reseller, Reseller agrees to promptly provide HP, at HPs request, the following
information in order to enable HP to perform End-user Verification:
- A copy of the end-user customers purchase order, and
Revision Date
July 2005
Effective Date 15 August 2005
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5.5 At HPs request, Reseller will provide HP with a copy of the end-user customers purchase order or other
proof of ordering within 3 working days before order entry.
6. Non-Compliance
6.1 In the event that Reseller fails to comply with these Terms and Conditions for Special Pricing or with the
terms of any OPG, HP reserves the right to:
- Terminate any then existing OPGs in respect of Reseller,
- Reclaim any Special Pricing discounts or rebates Reseller misused,
- Exclude Reseller from HPs Special Pricing program,
- Exclude Reseller from HP Channel Compensation programs,
- Exclude Reseller from Business Partner Program,
- Exclude Reseller from other HP channel programs, and
- Take other legal action to recover damages.
6.2 If Reseller is an LSP or CDP, Reseller agrees to assign to HP any claims it may have against its Second-tier
Reseller resulting from a breach by the Second-tier Reseller of its obligations under an OPG and to waive
any further claims against its Second-tier Reseller in connection with the breach of the OPG.
7. Confidentiality
Reseller agrees to treat the contents of all Quotations and OPGs as confidential information in accordance with
the terms of the confidentiality provision in the Agreement.
8. Record-keeping and Audit
Revision Date
July 2005
Effective Date 15 August 2005
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The Record-keeping and Audit provision of Resellers Agreement with HP applies to all
Special Pricing granted to Reseller under Quotations and OPGs.
9. Changes
HP may change these HP Terms and Conditions of Special Pricing for Resellers at any time. Changes will be
effective 30 days from the date they are posted on the HP Channel Partner Portal.
Revision Date
July 2005
Effective Date 15 August 2005
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