Non-Repairable Products Sample Clauses

Non-Repairable Products. For each Product that (A) a customer returns to Buyer for the reason that the Product is defective, (B) the returned Product is covered by a Warranty, and (C) Seller determines is not repairable, Seller, at its sole expense and using commercially reasonable arrangements determined by Seller, will replace the Product for the customer and dispose of the Product.

Non-Repairable Products. If DISH Network, in its sole discretion, determines that a Covered Product is not repairable, including when parts are no longer available, DISH Network may replace the Product with a Product of at least like kind, quality, and functionality. Unless otherwise precluded by law, DISH Network shall then be excused from further performance under the Plan as to the affected Product. The affected Product remains the property of DISH Network.

Non-Repairable Products. For each Product that (A) a customer returns to Buyer for the reason that the Product is defective, (B) the returned Product is covered by a Warranty, and (C) Buyer, in Good Faith, determines DMLIB-#442072-v6-SH_and_SHO_AMENDMENT_NO__2_TO_MERCHANDISING_AGREEMENT.DOCX The use of “[***]” in this Exhibit indicates that a confidential portion has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. is not repairable, Buyer, at its sole expense and using commercially reasonable arrangements determined by Seller, will replace the Product for the customer and dispose of the Product. For each HTS Product that Seller replaces in Good Faith pursuant to and in accordance with Seller’s “Craftsman lifetime warranty exchange” (or any successor lifetime program Seller offers on Craftsman products, each a “CLW Replacement Product”) Buyer will be entitled to a credit equal to the HTS Invoice Price paid by Buyer to Seller for the CLW Replacement Product Buyer provided to its customer. Except for as noted above, the CLW Replacement Product credit does not apply to any Products that is not a CLW Replacement Product; regardless of whether such Product is warranted by Seller or not.” and

Non-Repairable Products. If CIRRA NETWORKS, in its sole discretion, determines that a Covered Product is not repairable, including when parts are no longer available, CIRRA NETWORKS may replace the Product with a Product of at least like kind, quality, and functionality. Unless otherwise precluded by law, CIRRA NETWORKS shall then be excused from further performance under the Plan as to the affected Product.

Non-Repairable Products. For each Product that a customer returns to Buyer for the reason that the Product is defective and the returned Product is covered by a Warranty and is not repairable, Buyer will accept the return of the Product and in exchange give to the customer a replacement Product. Seller will pay Buyer an amount equal to the sum of (A) the HTS Invoice Price or the Outlet Invoice Price, as the case may be, of the Product, (B) Buyer’s costs to ship the Product to Buyer’s designated product-returns center or other destination determined by Buyer, and (C) Buyer’s other handling costs including Buyer’s costs of managing returns and exchanges (together, the “Replacement Reimbursement Amount”). Buyer may dispose of all Products that Buyer replaces in accordance with this Section 10(b)(ii) at Buyer’s discretion and solely for its account, including selling the Products at the Sears Outlet Stores and, subject to Section 12(a)(iii)(B)(w), selling the Products to liquidators.