O.C. Tanner Awards Policies

Unless otherwise agreed to in writing, the following polices, terms, and conditions (these “Awards Policies”) are part of the agreement for the supply of employee recognition services between Supplier and Customer (“Agreement”). These Awards Policies apply to Awards delivered in countries within the APAC and IMEA regions. Any capitalized terms used but not defined in these Awards Policies will have the meanings specified in the Agreement.

1. Availability and pricing

  • 1.1 Generally. Depending on the Program, and as more specifically outlined in the SOW, Customer may issue Points and/or various Awards to Authorized Users who are being recognized or rewarded through the Program (“Recipients”).
  • 1.2 Pricing. Point and Award pricing (and Point values of Awards that may be obtained by redeeming Points) will be as posted or otherwise communicated by Supplier to Customer through the Platform as of the time Customer issues such Points or Customer or the Recipient orders such Award. Supplier makes no representations as to comparative pricing.
  • 1.3 Changes. The selection of available Awards and their prices are subject to change from time to time based on then-current market conditions, or otherwise in Supplier’s reasonable discretion, subject to applicable Program criteria as set forth in the relevant SOW. If tariffs, duties, or similar government-imposed charges impact Supplier’s costs for any Award(s), Customer and Supplier agree to renegotiate the price of the Award(s) in good faith to address such impact.
  • 1.4 Shipping and Taxes.  Posted Award prices exclude shipping costs and taxes, except as otherwise agreed to in the Agreement. Taxes, shipping charges, and international fees (if applicable) will be calculated separately and added to Customer’s invoice. All shipping charges will be prepaid by Supplier and invoiced to Customer, except where Customer provides its shipping account number and authorization for Supplier to ship Awards.
  • 1.5 Invoicing. Supplier may invoice Customer: (i) for purchased Award(s) upon receipt of Customer’s (or, where applicable, the Recipient’s) order for the Award(s), and (ii) for Points as they are earned, issued or ordered pursuant to the Program. For the parties’ mutual convenience, Supplier may aggregate such amounts in monthly invoices.
  • 1.6 Point Expiration. All accrued but unredeemed Points will expire according to Customer’s Program configuration or upon expiration or termination of the Agreement. If applicable to the Program, expired Points will not be refunded.

2. Exclusive and custom awards

  • 2.1 Inventory and Responsibility. Where Supplier agrees to provide exclusive or customized products to or for Customer: (i) Supplier may maintain an inventory of such products in its reasonable discretion; (ii) Supplier may require Customer to purchase all or any part of such products being held by Supplier in inventory, or that Customer has ordered, upon expiration or termination of the Program for which the products were intended; and (iii) Supplier will bill Customer for the products at the Quoted Rate, where applicable. The “Quoted Rate” is the applicable price for the custom product(s) selected and quantity ordered or purchased, as set forth in an SOW or a separate Exclusive Product Agreement agreed to and signed by the parties. The Quoted Rate is subject to change quarterly or at each reorder point.
  • 2.2 Cancellation. If Customer desires to cancel Supplier’s purchase of exclusive or custom product for Customer’s account, Supplier will exercise reasonable commercial efforts to stop the order and Customer will remain liable for the purchase if Supplier is not reasonably able to cancel the order. If Supplier’s vendor allows cancellation upon payment of a cancellation fee, Supplier will seek Customer’s consent before accepting that offer. If Customer consents to the fee, Supplier will pay the fee and cancel the order. In the event Customer cancels an order as described above, Supplier will be entitled to reimbursement from Customer for the costs incurred in (i) paying the Customer-approved cancellation fee to the vendor; (ii) placing the order; and (iii) cancellation of the order.

3. Delivery

  • 3.1 Delivery Terms. Delivery and freight terms for all tangible Awards will be DAP (INCOTERMS 2020), Customer’s or (where applicable) Recipient’s specified ship-to address. Ship-to addresses must be in a country included in the relevant Program.  Unless otherwise agreed to between the parties, all shipping charges will be prepaid by Supplier and invoiced to Customer.
  • 3.2 Order Fulfilment. Award orders may be fulfilled by Supplier or one of its Affiliates.  Supplier may also fulfil Award orders through third-party suppliers (“Third-Party Suppliers”).
  • 3.3 Delivery Dates. Any delivery dates specified or agreed to by Supplier are estimates only, and Supplier will have no liability for missing any such dates.

4. Returns

  • 4.1 Returns. Awards cannot be returned except where: (i) the Award is determined to be damaged or defective upon receipt (in which case the Recipient or Customer must contact Supplier with five calendar days of delivery); (ii) a valid warranty claim exists pursuant to Section 5.1; or (iii) the Recipient has the right to return or exchange the Award pursuant to applicable law. Upon return, Supplier will reinstate the applicable Points, provide an invoice credit to Customer, or exchange the Award (subject to availability).

5. Warranties

  • 5.1 Supplier Manufactured Awards. Supplier warrants that for a period of 5 years from the date of delivery of the Award manufactured by Supplier (e.g., rings, trophies, pins, emblems, etc.), the Award will materially conform to the specifications set out in the applicable SOW and be free from defects in material and workmanship. The warranty set out in this Section 5.1 is only valid so long as Customer’s Agreement with Supplier is valid and has not been terminated or is not expired.
  • 5.2 Third-party Manufactured Awards. Awards manufactured and/or fulfilled by a third party (e.g., merchandise) only carry the third-party manufacturer’s warranty, if any. Recipients may contact Supplier for assistance with documentation needed for any applicable manufacturer’s warranty for the Awards manufactured and/or fulfilled by a Third-Party Supplier.
  • 5.3 Remedies. In the event of a valid warranty claim under Section 5.1, Supplier will, in its sole discretion either repair or replace the Award; provided, however, that the Award has not been modified, repaired, or otherwise altered by anyone other than Supplier’s personnel; and (ii) Customer’s Agreement with Supplier is valid and has not been terminated or is not expired at the time the claim is made. Replacement Awards depend on availability of the Award in the applicable Program and may not be identical to the original Award.
  • 5.4 Procedure. To make a warranty claim or start a return, Customer or the Recipient may contact Supplier by e-mail as set out in Supplier's support contact portal at https://www.octanner.com/customer-support/contact-customer-service-form. Customer and/or the Recipient must follow Supplier’s reasonable instructions for a warranty to be validated and honored.
  • 5.5 The Remedies set forth in Section 5.3 are Customer’s and/or Recipient’s sole and exclusive remedies and Supplier’s entire liability for any breach of the limited warrantY set forth is Section 5.1. Except for the limited warrantY provided in Section 5.1, Supplier makes no warranty whatsoever, express or implied, with respect to the Awards, including any warranty of merchantability or warranty of fitness for a particular purpose.

6. Compliance. To the extent Customer’s Program(s) include physical or electronic gift cards, certificates, or vouchers, and/or any aspect of the Program(s) will be administered outside of the United States, Customer agrees to comply with the terms of Supplier’s Regulatory Addendum, available at www.octanner.com/legal/regulatory-addendum.

7. Modifications. Supplier may update these Awards Policies from time to time, upon written notice to Customer, as Supplier deems appropriate in its reasonable discretion to reflect its then-current policies and practices with respect to Awards and/or Points. Any changes that would conflict with the Agreement or SOW, or that would materially increase Customer’s costs or materially diminish the utility or value of any Program, will not be binding unless and until accepted in writing by Customer.

8. Exclusions. These Awards Polices do not apply to the items, products, or services purchased via Awards in the form of physical or electronic gift cards, vouchers, or certificates.

9. Definitions

  • 9.1 APAC means the Asia-Pacific region, which includes Asia, Australia, New Zealand, and Pacific Islands.
  • 9.2 Authorized User means Customer’s employees or contractors who are authorized by Customer to access and use the Platform or participate in a Program under the rights granted to Customer pursuant to this Agreement and for whom access to the Platform or participation in a Program has been purchased under this Agreement.
  • 9.3 Awards means recognition, incentive, or anniversary awards, typically in the form of merchandise, physical or electronic gift cards, vouchers, certificates, experiences, trophies, or emblems to be presented to or claimed by Recipients in connection to the Program.
  • 9.4 Customer means the entity(ies) identified in the Agreement as the party(ies) receiving services from Supplier.
  • 9.5 IMEA means India, Middle East, and Africa.
  • 9.6 Platform means Supplier’s software and software-as-a-service platform associated with and necessary for Customer to use the Program(s), including any Customer-branded website that Supplier hosts, the features and functionalities the Supplier makes available for remote use as a web-based, cloud-based, or similar online service.
  • 9.7 Points means points that an authorized user receives and/or accrues that may be redeemed for Award(s) via the Platform.
  • 9.8 Program means any of Supplier’s employee recognition, anniversary, award, and/or engagement programs in which Customer participates, as more specifically identified in the SOW.
  • 9.9 OW means a statement of work executed by the Supplier and Customer that makes part of the Agreement.
  • 9.10 Supplier means O.C. Tanner Recognition Company and/or any of its affiliated entities that are parties to the Agreement.
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