Common use of MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS Clause in Contracts

MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of NewTech acknowledges and Kmart acknowledges (based upon NewTech's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by NewTech, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, NewTech shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of NewTech Salton Salton acknowledges and Kmart acknowledges (based upon NewTechSalton's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by NewTechSalton, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, NewTech Salton shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of NewTech [**] NewTech acknowledges and Kmart acknowledges (based upon NewTech's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by NewTech, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, NewTech shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of NewTech Salton **Salton acknowledges and Kmart acknowledges (based upon NewTechSalton's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by NewTechSalton, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, NewTech Salton shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of NewTech Salton [**] Salton acknowledges and Kmart acknowledges (based upon NewTechSalton's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by NewTechSalton, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, NewTech Salton shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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