Common use of Returned Products Not Covered by a Warranty Clause in Contracts

Returned Products Not Covered by a Warranty. Subject to Section 10(c), Seller will have no obligation to Buyer or any of its customers with respect to Products the customers return to Buyer that are not covered by a Warranty except to the extent that Buyer requests that Seller repair the Product, in which event Seller will repair the Product in accordance with Section 11. With respect to Products described in the preceding sentence that are not repairable, Buyer may dispose of the Products at Buyer’s discretion and solely for its account, including selling the Products at Buyer’s Stores and, subject to Section 12(a)(iii)(B)(5), selling the Products to liquidators.

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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Returned Products Not Covered by a Warranty. Subject to Section 10(c10(d), Seller will have no obligation to Buyer or any of its customers with respect to Products the customers return to Buyer that are not covered by a Warranty except to the extent that Buyer requests that Seller repair the Product, in which event Seller will repair the Product in accordance with Section 11the Services Agreement. With respect to Products described in the preceding sentence that are not repairable, Buyer may dispose of the Products at Buyer’s discretion (subject to applicable laws) and solely for its account, including selling the Products at Buyer’s Stores and, subject to Section 12(a)(iii)(B)(512(a)(iii)(B)(6), selling the Products to liquidators. Seller may dispose of any non-repairable Products returned to it by Buyer at Seller’s discretion and solely for Seller’s account.

Appears in 1 contract

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

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Returned Products Not Covered by a Warranty. Subject to Section 10(c), Seller will have no obligation to Buyer or any of its customers with respect to Products the customers return to Buyer that are not covered by a Seller Warranty except to the extent that Buyer requests that Seller repair the Product, in which event Seller will repair the Product in accordance with Section 11. With respect to Products described in the preceding sentence that are not repairable, Buyer may dispose of the Products at Buyer’s discretion and solely for its account, including selling the Products at Buyer’s Stores and, subject to Section 12(a)(iii)(B)(512(a)(iii)(B)(w), selling the Products to liquidators.

Appears in 1 contract

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

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