Maintaining Product Quality Control Clause Samples

Maintaining Product Quality Control. Distributor will, as prescribed in Distributor’s own quality control systems designed to satisfy all applicable Quality Control Requirements, protect the quality of the Products and Supply Products by exercising all due care and diligence in their blending, packaging, handling, storage, and sale. ExxonMobil may, at its sole discretion, update or revise QP&G, 3PIM or DPIM at any time, subject to Section ‎1.4, and such updates or revisions will be effective immediately upon written notice to Distributor. The current version of QP&G, 3PIM and DPIM will be made available to Distributor by ExxonMobil on or before the Effective Date. For the avoidance of doubt, ExxonMobil will provide Distributor with reasonable lead-time to implement any update or revision to QP&G, 3PIM or DPIM, consistent with the provisions in Section ‎1.4. In addition, Distributor will not: (1) Sell or distribute any Product or Supply Product that does not meet the relevant Specifications; (2) Substitute any product for or mix any product with the Products or Supply Products for sale under the ExxonMobil Proprietary Marks; (3) Adulterate the Products and Supply Products in any way and, where ExxonMobil notifies Distributor of such an occurrence, Distributor will, as soon as practicable, but in no event later than thirty (30) calendar days from the date of notice by ExxonMobil, take measures necessary to address and prevent the reoccurrence of any such adulteration; and (4) Use the ExxonMobil Proprietary Marks or Private Label Proprietary Marks in connection with the handling, storage and sale of any adulterated, mixed, substituted or previously used Products or Supply Products; provided that Distributor will: (a) ensure that only Products and Supply Products are handled, stored or sold by Distributor through any equipment, container or conveyance that bears any of the ExxonMobil Proprietary Marks or Private Label Proprietary Marks; (b) ensure that all Sub-Distributors agree to maintain product integrity control as prescribed in the Sub-Distributor Addendum; and (c) notify ExxonMobil of any product quality incidents involving the Products consistent with 3PIM and the DPIM.