Product Reformulation Commitment. 3.2.1 No later than the Effective Date, and until January 1, 2017, Wellsco shall not sell or ship any Covered Product to any California vendors unless such Covered Product either (a) is reformulated pursuant to Sections 3.2.2 to 3.2.4 or (b) includes a warning as provided in Section 3.3.
3.2.2 No later than the Effective Date Wellsco shall provide the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors of any Covered Product and instruct such vendor not to incorporate any raw or component materials that do not meet or exceed the DEHP Free concentration standards of Section 2.2 into any Covered Product. Wellsco shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia
3.2.3 After the Effective Date, Wellsco shall provide the DEHP Free phthalate concentration standards of Section 2.2 to any new vendors of any Covered Product and instruct such vendor not to incorporate any raw or component materials that do not meet or exceed the DEHP Free concentration standards of Section 2.2 into any Covered Product. Prior to purchase and acquisition of any Covered Product from any new vendor, Wellsco shall obtain a written confirmation and accompanying laboratory test result from the new vendor demonstrating compliance with the DEHP Free phthalate concentration standard in all materials comprising the Covered Product. For every Covered Product Wellsco manufactures, causes to be manufactured, orders, causes to be ordered or otherwise obtains from a new vendor after the Effective Date, Wellsco shall maintain copies of all testing of such products demonstrating compliance with this section, shall maintain copies of all vendor correspondence relating to the DEHP concentration standards and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.
3.2.4 No later than the January 1, 2017, Wellsco shall not manufacture or cause to be manufactured, order or cause to be ordered, distribute or cause to be distributed or otherwise sell any Covered Product that is not DEHP Free. Wellsco shall comply with the above requirements by relying on information obtained from its vendors, provided such reliance is in good faith. For every Covered Product Wellsco manufactures, causes to be manufactured, Orders, causes to be ordered or otherwise sells after January 1, 2017, Wellsco shal...
Product Reformulation Commitment. 12 3.1.1 No later than the Effective Date, Xxxxxxxxx shall provide the Lead Free and Phthalate 13 Free concentration standards of Section 2.2 to any then-current vendor of any Covered Product and 14 advise such entities of Xxxxxxxxx’x preference that they supply Lead Free and Phthalate Free
Product Reformulation Commitment. 4 3.2.1 As XXXXXX is only the retailer of the Covered Product, and is supplied with such 5 product by Xxxxxxxx who manufactures or distributes the Product, XXXXXX shall have no 6 reformulation obligations under this agreement.
Product Reformulation Commitment. 3.1.1 Trends represents to Davia the following: (a) In late 2015, more than three years prior to receiving the Notice, Trends changed its vendor specification for the vinyl used in the Covered Packaging to require use of Phthalate-Free vinyl as defined above; (b) By the first quarter of 2016, all of Trends’ vendors agreed to the new vinyl specification; and (c) Since that time, Trends has used a Phthalate Free vinyl for the Covered Packaging. Trends believes that Davia purchased a Covered Product that was packaged and shipped to BN prior to the specification change.
Product Reformulation Commitment. 3.1.1 No later than the Effective Date, Earth Pak shall provide the Phthalate Free phthalate concentration standards of Section 2.2 to its then-current vendors of any Covered Product and request such entities incorporate only raw or component materials that meet the Phthalate Free concentration standards of Section 2.2 into any Covered Product. Earth Pak shall maintain copies of all vendor correspondence relating to the Phthalate Free concentration standards for two (2) years after the Effective Date and shall produce such copies to Davia within fifteen (15) days of receipt of reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date.
Product Reformulation Commitment. 3.2.1 As of the Effective Date, should Nordstrom resume California sales of Covered Product, Nordstrom shall not manufacture, cause to be manufactured, purchase or otherwise obtain any Covered Product unless such Covered Product meets the Phthalate Free concentration standards of this Agreement.
Product Reformulation Commitment. 3.1.1 No later than the thirty (30) days prior to the Effective Date, PEM shall provide the Phthalate Free phthalate concentration standards of Section 2.2 to its then-current vendors of any Covered Product and any vendor for the bedding product incorporating a Covered Product and instruct such entities not to incorporate any raw or component materials that do not meet the Phthalate Free concentration standards of Section 2.2 into any Covered Product. PEM shall maintain copies of all vendor correspondence relating to the Phthalate Free concentration standards for two (2) years after the Effective Date and shall produce such copies to Davia within thirty (30) days of receipt of reasonable request made in writing from Davia, as long as such request is made within two (2) years after the Effective Date.
3.1.2 After the Effective Date, PEM shall provide the Phthalate Free phthalate concentration standards of Section 2.2 to any New Vendors of any Covered Product and any New Vendors for the bedding product incorporating a Covered Product and instruct such entities not to incorporate any raw or component materials that do not meet the Phthalate Free concentration standards of Section
Product Reformulation Commitment. After the Effective Date, Trademark shall provide the Phthalate Free standards of Section 2.2 to any existing or new vendor of Covered Products and request they only utilize vinyl materials for Covered Products that meet the Phthalate Free standards. Trademark shall maintain copies of all vendor correspondence relating to the Phthalate Free concentration standards for two years after the Effective Date and shall produce such copies to Davia within fifteen (15) days of receipt of Davia’s reasonable written request.
Product Reformulation Commitment. 3.1.1 On or before the Effective Date, Cost Plus shall provide the vendor of any Covered Product the Lead Free concentration standards of Section 2.3 and instruct such vendor to meet the Lead Free concentration standards of Section 2.3 for any Covered Product sold by Cost Plus.
3.1.2 After the Effective Date, should Cost Plus arrange for the manufacture, production or other distribution of any Covered Product with a new vendor, Cost Plus shall provide such vendor the Lead Free concentration standards of Section 2.3 and instruct such vendor to meet the Lead Free concentration standards of Section 2.3 for any Covered Product Cost Plus makes available for sale to a California Customer. For a period of two (2) years following the Effective Date, Cost Plus shall maintain copies of all testing it obtains of new vendor Covered Products, if any, demonstrating compliance with this Section 3, shall maintain copies of material vendor correspondence relating to the Lead Free standards and shall produce such copies to Davia within thirty (30) days of receipt of written request from Davia.
3.1.3 As of the Effective Date, Cost Plus shall not manufacture, cause to be manufactured, order or cause to be ordered any Covered Product that is not Lead Free. For every Lead Free Covered Product Cost Plus manufactures, causes to be manufactured, orders or causes to be ordered afterthe Effective Date, Cost Plus shall maintain, for two years after the Effective Date, copies of all testing it obtains of such products, if any, demonstrating compliance with this section and shall provide copies of any such testing to Davia within thirty (30) days of receipt of written request. Davia agrees that such requests shall be reasonable, and will not be made more than once in 2020, and twice annually thereafter, absent good cause.
Product Reformulation Commitment. 3.2.1 No later than November 30, 2020, Pacific World shall provide notice of the Phthalate Free concentration standards of Section 2.2 to its then-current vendors or manufacturers of any Covered Product and to Pacific World’s direct vendors of any vinyl material, if any, for any Covered Product, and instruct such entities not to incorporate any raw or component materials that do not meet the Phthalate Free concentration standards of Section 2.2 into any Covered Product or to supply any Covered Product to Pacific World that is not Phthalate Free. Pacific World shall maintain copies of vendor correspondence relating to the Phthalate Free concentration standards for a period of one (1) year and shall produce such copies to Davia within fifteen (15) days of receipt of written request from Davia.
