Previously Distributed Covered Products Sample Clauses
The "Previously Distributed Covered Products" clause defines how products that were distributed before the effective date of an agreement are treated under its terms. Typically, this clause clarifies whether such products are subject to the new obligations, restrictions, or warranties set forth in the agreement, or if they are exempt. For example, it may specify that products already sold or shipped prior to the agreement are not affected by new requirements. The core function of this clause is to prevent retroactive application of new terms, ensuring fairness and certainty for both parties regarding products already in the market.
Previously Distributed Covered Products. 3.2.1 Customer Notification - No later than June 15, 2018, ▇▇▇▇▇▇▇▇ Home shall send a letter, electronic or otherwise (“Notification Letter”) to: (1) each retailer or distributor in California to which it, after January 1, 2017, supplied any Covered Product with Covered Packaging that failed to meet the Phthalate Free standard of Section 2.2, and (2) any other retailer or distributor in California that ▇▇▇▇▇▇▇▇ Home reasonably understands or believes has any inventory of Covered Products with Covered Packaging. The Notification Letter shall advise the recipient that Covered Packaging for Covered Product may contain DEHP, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. The Notification letter shall inform the recipient that all Covered Packaging must either have a label attached to the packaging or on a shelf sign proximate to the display of Covered Product expressly referring to the Covered Product, which label or sign contains one of the following warnings, before it is sold in the California market or to a California customer. The Notification Letter shall include a sheet of white background, adhesive stickers with one of the following warning statements in no less than Book Antiqua, point 9 font (or its equivalent):
Previously Distributed Covered Products. 3.2.1 As a material term of this Agreement, ▇. ▇▇▇▇▇ represents that, to the best of its knowledge, there are no non-Phthalate Free Covered Products currently in its inventory or with any of its California customers. Further, ▇. ▇▇▇▇▇ represents that a primary California customer for the Covered Products, Bed Bath & Beyond has informed it that, since December 2016, the following sign was posted in the departments in the stores where the Covered Products were/are offered for sale: birth defects or other reproductive harm. This packaging is not intended as a storage container. Please discard packaging after purchase.
3.2.2 Settling Defendant shall maintain records of compliance correspondence, inventory reports or other communication confirming compliance with § 3.2.1 for three (3) years from the Effective Date and shall produce copies of such records upon reasonable written request by ▇▇▇▇▇.
Previously Distributed Covered Products. 3.2.1 Customer Notification - No later than the Effective Date, Sunham shall send a letter, electronic or otherwise (“Notification Letter”) to (1) each retailer or distributor in California to which it, after January 1, 2015, supplied any Covered Product or product incorporating any Covered Product, and
Previously Distributed Covered Products. 3.2.1 Customer Notification - No later than the Effective Date, Travelon shall send a letter, electronic or otherwise (“Notification Letter”) to: (1) each California distributor or each retailer with a California retail outlet to which it, after July 1, 2018, supplied any Covered Product that was not either Phthalate Free or labelled with a warning compliant with Section 3.3.
1. The Notification Letter shall advise the recipient that the Covered Products can expose consumers to DEHP, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. The Notification letter shall inform the recipient that all Covered Products must either have a label attached to the packaging or on a shelf sign immediately proximate to the display of Covered Product expressly referring to the Covered Product, which label or sign contains one of the following warnings. The Notification Letter shall include a sheet of white background, adhesive stickers with one of the following warning statements in no less than Book Antiqua, point 9 font (or its equivalent): WARNING: This product can expose you to chemicals, including di(2-ethylhexyl)phthalate (DEHP), that are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇; or WARNING: This product can expose you to di(2-ethylhexyl)phthalate (DEHP), a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇; or, only for any Covered Products with the warning statement contained on the product, the product label, or the immediate packaging of the Covered Product itself, WARNING: Cancer and Reproductive Harm - ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ The Notification Letter shall be sent with return receipt requested. The Notification Letter shall request written confirmation from the recipient, within 15 days of receipt, that all such inventory for California sale has been, or will be, labelled with the warning language identified in this section.
3.2.2 Settling Defendant shall maintain records of compliance correspondence, inventory reports or other communication confirming compliance with § 3.2.1 for two (2) years from the Effective Date and shall produce copies of such records upon reasonable written request by Davia.
Previously Distributed Covered Products. The Parties agree that that no further notification to SEB, SEB customers, the Releasees or Downstream Releasees is required.
Previously Distributed Covered Products. 3.2.1 Customer Notification -– Geneva represents that it has utilized the below warnings on Covered Products since August 2018. Consequent to this prompt remedial warning usage, no additional retail customer notification is required. WARNING: The vinyl packaging for this product can expose you to chemicals, including di(2-ethylhexyl)phthalate, that are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ [This vinyl/PVC packaging is not intended as a storage container. Please discard packaging after purchase. PACKAGING MADE IN CHINA]; or WARNING: for the vinyl packaging in which this product is sold – Cancer and Reproductive Harm - ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇
Previously Distributed Covered Products