Previously Obtained or Distributed Covered Products. 3.2.1 Sur La Table certifies as a material term of this Agreement that it has taken careful steps to make sure that all existing inventory of Covered Products in, or to be sold in, its California retail stores have been labelled with a Proposition 65 clear and reasonable warning. Should Sur La Table discover that its interim labelling efforts have not resulted in the placement of interim Proposition 65 warnings on existing California inventory of Covered Products, then, within ten (10) days of such discovery, Sur La Table shall send a letter, electronic or otherwise (“Notification Letter”) to the manager of each California retail store and each distribution center providing Covered Products to its California retail stores. The Notification Letter shall advise each such manager that the Covered Products “contain Lead, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm” and that all Covered Products must be labelled with a clear and reasonable Proposition 65 warning before it is sold in the California market.
Previously Obtained or Distributed Covered Products. This section 3.2 applies to any Covered Product manufactured, purchased or otherwise obtained by Kent prior to March 15, 2013, and which Covered Product has not been confirmed to be DEHP Free by independent laboratory testing or certified to be DEHP Free by the manufacturer of the product (“Previously Obtained Covered Product”). Product Warnings Commencing on the Effective Date, Kent shall not sell or ship any Previously Obtained Covered Products to a vendor or retailer, unless such Previously Obtained Covered Products are sold or shipped with one of the clear and reasonable warnings set forth hereafter, such warnings having been drafted and supplied by Xxxxxx who warrants that they meet or exceed the Proposition 65 warning requirements for this DEHP product. Each warning shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Previously Obtained Covered Product the warning applies, so as to minimize the risk of consumer confusion.
Previously Obtained or Distributed Covered Products. 3.2.1 Customer Notification - no later than the Effective Date, Xxxxxxxxx shall send a letter, electronic or otherwise (“Notification Letter”) to: (1) each customer to whom it, after January 1, 2018, supplied any Covered Product or Unique Covered Product and for which customer Xxxxxxxxx maintains an associated address. The Notification Letter shall advise the recipient that the brass components of each Covered Product and Unique Covered Product contain Lead, a chemical known to the State of California to cause birth defects and other reproductive harm. The Notification Letter shall list each specific Covered Product and Unique Covered Product, by store description, size and any store identification number that are the subject of the warning advice. The Notification letter shall offer to accept return of any Covered Product or Unique Covered Product in exchange for a full refund.
Previously Obtained or Distributed Covered Products. 3.2.1 Godinger represents as a material term of this Agreement that all its old inventory of Covered Products not made Lead Free by its new vendor was exhausted by September 30, 2016 and that all Covered Products distributed by Godinger since that date and currently meet the Lead Free standard. As such, conditioned upon the accuracy of this representation, Godinger shall have no obligation to implement interim Covered Product customer or product warning efforts. Should Godinger discover any inventory of Covered Products that is not Lead Free, then Godinger shall not sell or ship such Covered Product to a California retailer, or sell or ship any such Covered Product to a vendor or retailer that Godinger reasonably understands maintains retail outlets in California, unless such Covered Product is labeled with the following clear and reasonable warning: WARNING: This product contains Lead, a chemical known to the State of California to cause birth defects or other reproductive harm. Any such warning label shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning label shall be provided in a manner such that the consumer or user understands to which specific Covered Product the warning applies, so as to minimize the risk of consumer confusion.
Previously Obtained or Distributed Covered Products
