Seller's Appointment. Subject to the next sentence and to Section 10(a)(iii), Buyer appoints Seller during the Term as Buyer’s exclusive independent-service contractor to perform on-site and in-shop repair and maintenance service on the Products whether or not they are covered by a Warranty (the “Product Services”). Buyer may perform repair services using its own employees and may refer repair services to independent third-party repair-service providers (other than Seller) if requested by Buyer’s customers. For purposes of this Section 11, “Products” also includes merchandise purchased other than from Seller. Seller will provide the Product Services in accordance with the terms of the Seller Warranty and the Vendor Warranty. Seller may, in its sole discretion, decline to perform any Product Service that Seller, using commercially reasonable efforts, is unable to perform. Seller may engage in marketing activities at the customer’s home for any goods and services offered by Seller or its affiliates, including mailing to or leaving with customers who receive Product Services surveys, brochures, coupons or other advertisements. If requested by Buyer, Seller and Buyer will negotiate in Good Faith the terms and conditions for Seller to include Buyer promotional materials as part of Seller’s customer-home marketing activities.
Appears in 4 contracts
Samples: Merchandising Agreement, Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)
