EXHIBIT 10.1
CONAGRA POULTRY COMPANY
MILITARY SALES
CONSIGNED DISTRIBUTOR AGREEMENT
This Distributor Agreement dated JULY 21, 2003 made by and between ConAgra
Poultry Company (hereinafter "CAPC") Military Sales of Duluth, Georgia, a
Corporation and MRG (hereinafter "Distributor").
1. Distributor will serve as sole Distributor of Manufacturer's Products
to the military installations listed in Schedule A.
2. Distributor will warehouse and ship all products sold by Manufacturer
on Contract Number: 00G2431 to the afore mentioned Commissaries. These
products are consigned to Distributors Warehouse and freight is prepaid
on all products shipped to Distributor by Manufacturer in minimum
shipments that will result in 2-3 deliveries per week. ORDER FOR
PRODUCTS TO BE WAREHOUSED BY DISTRIBUTOR SHOULD BE FAXED OR EDI TO:
FAX EDI
LUANNE JINKINS LINDA BLANKENSHIP
FAX: 1-800-798-6710 1865 EVERGREEN BLVD., SUITE 100
PHONE: 1-800-798-6707 X 4282 DULUTH, GA 30096
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FAX: 770-232-4383
PHONE: 404-942-4138
3. Distributor will notify Manufacturer upon discovery, and not later than
5 days after receiving the products of any hidden damage in shipments
to Distributor from the Manufacturer. Upon receipt of such
notification, manufacturer will immediately credit Distributors
inventory for the cases damaged and give Distributor instructions for
disposal of the damaged inventory.
4. Distributor shall make deliveries of the products to customers
designated by CAPC, as set forth on Schedule A, (attached) hereto in
quantities indicted by CAPC. In addition CAPC may request Distributor
to make deliveries to customers not listed on Schedule A.
5. Distributor shall provide to the Customer a delivery receipt on which
Distributor will assure that the Customer will acknowledge acceptance
of the condition and quantities of the products delivered and listed
thereon.
6. Distributor shall provide CAPC with the originals of acknowledged
delivery receipts obtained from Customers at least once weekly and
shall invoice CAPC at that time for all products delivered and accepted
on the delivery receipts. Payment terms shall be net
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Biweekly. Distributor shall invoice CAPC at the price Distributor
initially paid CAPC (on first in, first out basis) plus .06 (CENT) per
pound net weight.
7. This Agreement shall become effective dated JULY 21, 2003 and shall
remain in effect until terminated by either party upon thirty days (30)
prior written notice to the other.
8. NOTICES. Any notice required hereunder shall be given in writing by
certified mail return receipt requested, effective when deposited in
the United States mail to the following address: (See next page)
IF TO DISTRIBUTOR, IT SHALL BE ADDRESSED: IF TO CAPC, IT SHALL BE ADDRESSED:
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MRG ConAgra Poultry Company
2180 Executive Circle 1965 Evergreen Blvd., Suite 100
Colorado Springs, CO 80906-4100 Duluth, GA 30096
ATTN: Ethan Hokit ATTN: Don Wagner
MODIFICATION. This Agreement shall not be amended or modified in any
respect unless done in writing and signed by Distributor and CAPC.
WAIVER. The failure of either party to enforce at any time or any period of
time any of the provisions hereof shall not be construed to be a waiver of
any such provision or provisions or of the right of such party thereafter
to enforce any such provision.
The following attachments are hereby made a part of this Agreement:
Schedule "A" list of Military Commissaries for product delivery.
CONAGRA POULTRY COMPANY
MILITARY SALES
By /s/ Don Wagner Date July 30, 2003
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Title
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MRG
DISTRIBUTOR
By /s/ Ethan D. Hokit Date 7-23-03
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Title President
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SCHEDULE A
COMMISSARIES TO BE SUPPLIED:
Academy
Carson, Ft.
F.E. Warren
Buckley/Fitzsimmons
Peterson AFB
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