Common use of Invoice Prices for Outlet Products Clause in Contracts

Invoice Prices for Outlet Products. The invoice prices for the Outlet Products that Seller will sell to Buyer in accordance with this Section 4 (the “Outlet Invoice Prices”) will include (and will not be charged additionally to Buyer) all costs of manufacturing and delivering the Outlet Products to the FOB Point, including (i) all duties and taxes (including excise and withholding taxes) payable in any country where production or delivery takes place, (ii) all commissions to selling agents, and (iii) other incidental charges. If after the Effective Date there is imposed a U.S. value-added tax that is applicable to the Outlet Products Seller and Buyer will negotiate in Good Faith an amendment to this Agreement the terms of which would adjust the Outlet Invoice Prices to reflect the imposition of the tax. Buyer will have 20 days (30 days with respect to washers) from Buyer’s receipt to return to Seller Outlet Products that are Execution Copy not saleable. If with respect to an Outlet Product Buyer does not notify Seller in accordance with the preceding sentence that the Outlet Product is not saleable, Buyer’s purchase of the Outlet Product will be final.

Appears in 4 contracts

Samples: Merchandising Agreement, Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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Invoice Prices for Outlet Products. The invoice prices for the Outlet Products that Seller will sell to Buyer in accordance with this Section 4 (the “Outlet Invoice Prices”) will include (and will not be charged additionally to Buyer) all costs of manufacturing and delivering the Outlet Products to the FOB Point, including (i) all duties and taxes (including excise and withholding taxes) payable in any country where production or delivery takes place, (ii) all commissions to selling agents, and (iii) other incidental charges. If after the Effective Date there is imposed a U.S. value-added tax that is applicable to the Outlet Products Seller and Buyer will negotiate in Good Faith an amendment to this Agreement the terms of which would adjust the Outlet Invoice Prices to reflect the imposition of the tax. Buyer will have 20 days (30 days with respect to washers) from Buyer’s receipt to return to Seller Outlet Products that are Execution Copy not saleable. If with respect to an Outlet Product Buyer does not notify Seller in accordance with the preceding sentence that the Outlet Product is not saleable, Buyer’s purchase of the Outlet Product will be final.

Appears in 1 contract

Samples: Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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