Excluded Goods. Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices established by the Agent. The Agent shall retain 20% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.7 below. If Merchant does not elect to have Agent sell defective or display goods merchandise not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the Sale Commencement Date. Except as expressly provided in this Section 5.4, Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as "Merchandise" hereunder.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices mutually agreed upon by Agent and Merchant. The Agent shall retain 20% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the Weekly Sale Reconciliation. If Merchant does not elect to have Agent sell merchandise not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable. Except as expressly provided in this Section 5.4, Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as "Merchandise" hereunder. If Merchant and Agent are unable to agree upon the Retail Price of any item of Near Date Merchandise or Defective Merchandise, or any item of Clearance Merchandise or Out of Season Merchandise which is not marked with a ticketed price, the Merchant may exclude such item from the Sale, and Merchant shall remove such item from the applicable Store as soon as practicable. If Merchant elects at the beginning of the Sale Term, Agent shall accept defective goods, and Near Date Merchandise not included as "Merchandise" hereunder for sale as "MERCHANT CONSIGNMENT GOODS" at prices established by the Agent. The Agent shall retain 25% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 75% of the receipts in respect of such sales. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.8 below. If Merchant does not elect to have Agent sell defective goods or Near Date Merchandise not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the date hereof. Any layaway, repair or special order goods not constituting Merchandise, together with all contracts relating thereto, shall remain Merchant's liability and responsibility, but Agent shall cooperate with Merchant in administering such matters. Except as expressly provided in this Section 5.4, Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise.
Excluded Goods. The Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder (including items of Defective Merchandise for which the Merchant and the Agent cannot agree upon a Retail Price) (collectively, the “Excluded Goods”). Agent shall dispose of the Excluded Goods either by (x) offering such Excluded Goods for sale as “Merchant Consignment Goods” at prices established by the Agent during the Sale, or (y) destroying such Excluded Goods to the extent they are not saleable. It is understood that that the Excluded Goods may not be sold in the Stores and may be sold in bulk to third parties outside the United States and Canada. The Agent shall retain 20% of the sale price plus all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods (less Sales Taxes) for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales (less Sales Taxes and all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods).. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.7 below. Except as expressly provided in this Section 5.3, the Agent shall have no cost, expense or responsibility in connection with any Excluded Goods.
Excluded Goods. Except with the express written consent of APG, APG will not accept Excluded Goods. If the Client delivers such Excluded Goods to APG without the knowledge of APG, the Client will be responsible for all loss and damage to the Excluded Goods and expense to APG arising in connection with the Excluded Goods.
Excluded Goods. 7.1 The following Goods are Excluded Goods which will not be Transported by Emit unless otherwise agreed to in writing between the parties prior to such Transport: tobacco products, alcohol products, money, bullion, credit cards, pre-paid cards, jewellery, watches, gemstones and precious stones, furs, treasury notes, securities, stamps, patterns or manuscripts, plans and designs, livestock and plants, guns, explosives, ammunition, hazardous or dangerous Goods and materials , negotiable instruments, wrought or unwrought metals, antiques and antiquities, works of art, securities, drugs, refrigerated/perishable goods, household and personal effects, any valuable documents, glass or glass products, second-hand goods that have not been declared as such to EMIT(who reserves the right to inspect second-hand goods before acceptance and to delay the Transport by one day to effect such inspection).
7.2 Where such Excluded Goods are Transported, whether or not by agreement between the parties and with or without Emit’s knowledge or consent, Emit will accept no liability whatsoever in respect of damage to, or loss or theft of such Excluded Goods, which will also be excluded for purposes of any insurance claim or claim for compensation, even where the Customer has elected to make use of Emit’s Freight Guard Service Guarantee, unless otherwise agreed to in writing between the parties prior to such Transport.
7.3 No illegal or banned substances or Goods will be Transported by Emit whatsoever.
Excluded Goods. 5.1 The following items are excluded from this contract and must not be stored;
5.1.1 prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, compressed gases, aerosols, paints and firearms and ammunition, chemicals, radioactive materials or biological agents.
5.1.2 jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind;
5.1.3 any goods likely to encourage vermin or other pests or to cause infestation or contamination;
5.1.4 perishable items and/or those requiring a controlled environment or refrigerated or frozen food or drink;
5.1.5 animals, birds or fish or any other living creatures
5.2 If you submit any such goods without our knowledge we will make them available for your collection and if you do not collect such goods within a reasonable time we reserve the right to take further steps in relation to the disposal of any such goods. You must indemnify us against any additional charges, expenses, damages, costs or claims incurred by us as a result.
Excluded Goods. If requested at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” or not included as Inventory under Open Purchase Orders under the APA for sale at prices and through sale channels established by Agent (such goods, “Excluded Goods”) and the compensation payable to Agent in connection therewith as well as the division and distribution of proceeds from the sale of Excluded Goods shall be addressed in the Letter Agreement; otherwise, Agent shall have no responsibility whatsoever for Excluded Goods and Merchant (if prior to the Closing) or Buyer (if following the Closing) shall remove them from the sales floor. In no event shall Excluded Goods be shipped to the Stores absent Agent’s express written consent. Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise or that are not Inventory under Open Purchase Orders.
Excluded Goods. The Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder (including items of Defective Merchandise for which the Merchant and the Agent cannot agree upon a Retail Price) (collectively, the “Excluded and Merchant shall receive 80% of the receipts in respect of such sales (less Sales Taxes and all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods). Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.7 below. Except as expressly provided in this Section 5.3, the Agent shall have no cost, expense or responsibility in connection with any Excluded Goods.
