Terms of Sales to Customers. Although returns of Merchandise are permitted pursuant to Section 8.5, all receipts for sales of Merchandise will state that such sales are “final sales” and “as is.” The Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturers’ warranties to customers. All sales will be made only for cash or with nationally recognized bank credit cards, provided that, if the Agent determines to accept personal checks, the Agent shall bear the risk of loss therefor. If and to the extent requested by the Merchant in writing, the Agent shall accept the Merchant’s gift certificates/gift cards, Store credits, due bills, rain checks, Merchandise certificates, Credit Rebate Certificates, and other promotional items or certificates providing the customer with an additional discount on Store Merchandise which have been issued by the Merchant. In the vent that the Bankruptcy Court shall order that the Merchant honor or redeem gift certificates/gift card, store credits, due bills, rain checks, Merchandise certificates, Credit Rebate Certificates, and other promotional items or certificates (collectively, “Certificates”), the redemption value of such Certificates shall constitute Proceeds for payment of this agreement and shall be reimbursed by the Merchant to the Agent during the weekly reconciliations provided under Section 8.6 thereof.
Terms of Sales to Customers. All sales of Merchandise will be "final sales" and "as is," and all advertisements and sales receipts will reflect the same. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturer's warranties to customers. All sales will be made only for cash, and by bank credit cards currently accepted by Merchant, but excluding Merchant's private label charge account. Agent shall at Merchant's request accept Merchant gift certificates and Store credits issued by Merchant prior to the Sale Commencement Date, provided that Merchant agrees to reimburse Agent in cash for the face amount of any such items within five (5) days after Agent's request therefor.
Terms of Sales to Customers. All sales to customers shall be for cash or upon bank credit cards (excluding private label cards). All sales shall be advertised as "FINAL," and all sales receipts shall be marked "FINAL." Any consumer complaints or other matters relating to periods or sales prior to the Start Date (e.g., gift certificates, layaways, credits, returns) shall be referred to a designated representative of Merchant.
Terms of Sales to Customers. All sales of Merchandise will be "final sales" and "as is," and all advertisements and sales receipts will reflect the same. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturer's warranties to customers. All sales will be made only for cash and by nationally recognized bank credit cards. Agent will not accept Merchant's gift certificates, Store credits, due bills and rain checks issued by Merchant prior to the Sale Commencement Date, unless otherwise directed by Merchant. To the extent Merchant directs Agent to accept Merchant's gift certificates, Store credits, due bills and rain checks, Merchant shall reimburse Agent in cash on a weekly basis for any such amounts or Agent shall setoff such amounts against other amounts due Merchant hereunder.
Terms of Sales to Customers. All sales of Merchandise will be “final sales” and “as is”, and all advertisements and sales receipts will reflect the same. In addition, Agent shall indicate on any Merchandise sold that such sale is “final,” “as is,” and shall be marked in such a way so as to distinguish such Merchandise from the goods being sold by Merchant from it’s On-Going Locations, so as to prevent consumers from returning the goods at other of Merchant’s On-Going Locations. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturer’s warranties to customers. All sales will be made only (a) for cash, (b) if Agent elects in its sole discretion, by approved check and (c) by bank credit cards currently accepted by Merchant. Agent shall accept Merchant gift certificates, Store credits, due bills, rain checks, discount cards, provided that Merchant agrees to reimburse Agent in cash for the face amount of any such items as part of the weekly sale reconciliation provided for in Section 8.8 hereof. Agent shall not accept promotional items providing the customer with an additional discount on Store Merchandise that have been issued by Merchant prior to the Sale Commencement Date.
Terms of Sales to Customers. Subject to Agent’s compliance with applicable law, all sales of Merchandise will be “final sales” and “as is, where is” and all advertisements and sales receipts (including credit card receipts) will reflect the same. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturers’ warranties to customers. All sales will be made only for cash, nationally recognized bank credit cards, and, in Agent’s discretion, personal checks; provided, however, if Agent determines to accept personal checks, Agent shall bear the risk of loss therefor. Agent shall clearly xxxx the receipts for all Merchandise sold at Closing Locations during the Sale Term so as to distinguish such Merchandise from the merchandise sold at Merchant’s other store locations.
Terms of Sales to Customers. (a) All sales of Merchandise will be “final sales” and “as is,” and all advertisements and sales receipts will reflect the same. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturers’ warranties to customers. All sales will be made only for cash, nationally recognized bank credit cards and, in Agent’s discretion, personal checks, provided, however, if Agent determines to accept personal checks, Agent shall bear the risk of nonpayment or loss with respect thereto. Agent shall not accept or honor any coupons during the Sale Term.
Terms of Sales to Customers. All sales of Merchandise will be “final sales” and “as is,” and all advertisements and sales receipts will reflect the same. In addition, Agent shall indicate on any Merchandise sold that such sale is “final,” “as is,” and shall be marked in such a way as to prevent consumers from returning the goods at other of Merchant’s stores. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturer’s warranties to customers. All sales will be made only (a) for cash, or (b) by bank credit cards currently accepted by Merchant. Agent shall accept Merchant gift certificates/gift cards, Store credits, and other promotional items providing the customer with an additional discount on Store Merchandise that have been issued by Merchant prior to the Sale Commencement Date, provided that Merchant agrees to reimburse Agent in cash for the face amount of any such items within five (5) days after Agent’s request therefor.
Terms of Sales to Customers. (a) All sales of Merchandise will be “final sales” and “as is,” and all advertisements and sales receipts will reflect the same. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturers’ warranties to customers. All sales will be made only for cash, nationally recognized bank credit cards and, in Agent’s discretion, personal checks, provided, however, if Agent determines to accept personal checks, Agent shall bear the risk of nonpayment or loss with respect thereto. Agent shall clearly mark all tickets and receipts for the Merchandise sold at the Stores during the Sale Term, so as to distinguish such Merchandise from the merchandise sold prior to the Sale Commencement Date and shall use commercially reasonable efforts to have all UPC codes blacked out with a marker at the point of sale.
Terms of Sales to Customers. (a) All sales of Merchandise will be “final sales” and “as is,” and all advertisements and sales receipts will reflect the same. Agent shall not warrant the Merchandise in any manner, but will, to the extent legally permissible, pass on all manufacturers’ warranties to customers. All sales will be made only for cash, nationally recognized bank credit cards and, in Agent’s discretion, personal checks, provided, however, if Agent determines to accept personal checks, Agent shall bear the risk of nonpayment or loss with respect thereto. Agent shall not accept or honor any coupons issued by Merchant or Merchant’s competitors; provided however, with respect to Merchant’s coupons to be honored at Merchant’s on-going stores during the Sale Term, to the extent not yet issued by Merchant, Merchant shall make commercially reasonable efforts to imprint a notation on such coupons that that they are not valid in the closing Stores. Agent shall post signs in reasonable locations in the Stores indicating that coupons shall not be honored but may, in its discretion, and at is sole expense, not as an Expense of the sale, honor coupons which are not by their terms ineligible for use at the Stores or with respect to the Merchandise. Agent shall clearly xxxx all tickets and receipts for the Merchandise sold at the Stores during the Sale Term, so as to distinguish such Merchandise from the merchandise sold prior to the Sale Commencement Date.
