Common use of No-Vendor-Warranty Products Clause in Contracts

No-Vendor-Warranty Products. With each KCD-Branded Product that Seller purchases from a Vendor without the Vendor’s customer warranty and resells to Buyer in accordance with the terms and conditions of this Agreement (a “No-Vendor-Warranty Product”) Seller will include Seller’s customer warranty (the “Seller Warranty”). If Seller also sells the No-Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Seller Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Seller for the No-Vendor-Warranty Product when sold by Seller’s Retail Businesses. If Seller does not sell the No-Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Seller Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Seller for a product that is comparable to the No-Vendor-Warranty Product when sold by Seller’s Retail Businesses. All Products that Seller purchases from a Vendor without the Vendor’s Warranty, other than No-Vendor-Warranty Products, and resells to Buyer in accordance with the terms and conditions of this Agreement are referred to as “Excluded No-Warranty Products.”

Appears in 3 contracts

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

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No-Vendor-Warranty Products. With each KCD-Branded Product that Seller purchases from a Vendor without the Vendor’s customer warranty and resells to Buyer in accordance with the terms and conditions of this Agreement (a “No-Vendor-Warranty Product”) Seller will include Seller’s customer warranty (the “Seller Warranty”). If Seller also sells the No-Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Seller Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Seller for the No-Vendor-Warranty Product when sold by Seller’s Retail Businesses. If Seller does not sell the No-Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Seller Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Seller for a product that is comparable to the No-Vendor-Warranty Product when sold by Seller’s Retail Businesses. All Products that Seller purchases from a Vendor without the Vendor’s Warranty, other than No-Vendor-Warranty Products, and resells to Buyer in accordance with the terms and conditions of this Agreement are referred to as “Excluded No-Warranty Products.” Promptly after the Effective Date, Buyer shall reverse (and pay Seller for), all credits Buyer took against the Seller Warranty charges (for “KCD Charges), since the start of Seller’s 2016 fiscal year.

Appears in 2 contracts

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

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