Common use of Vendor-Warranty Products Clause in Contracts

Vendor-Warranty Products. With each Product that Seller purchases from a Vendor with the Vendor’s customer warranty and resells to Buyer in accordance with the terms and conditions of this Agreement (a “Vendor-Warranty Product”) Seller will include the Vendor’s customer warranty (the “Vendor Warranty”). If Seller also sells the Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Vendor Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the Vendor Warranty that the Vendor includes with the Vendor-Warranty Product sold by Seller’s Retail Businesses. If Seller does not sell the Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Vendor Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Vendor for the Vendor-Warranty Product when sold by Vendor to its other customers. Seller will perform its obligations in this Section 10(a)(ii) without any additional compensation payable by Buyer to Seller. The Seller Warranty and the Vendor Warranty are together referred to as the “Warranty.”

Appears in 3 contracts

Samples: Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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Vendor-Warranty Products. With each Product that Seller purchases from a Vendor with the Vendor’s customer warranty and resells to Buyer in accordance with the terms and conditions of this Agreement (a “Vendor-Warranty Product”) Seller will include pass-through the Vendor’s customer warranty (the warranty(the “Vendor Warranty”). If Seller also sells the Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Vendor Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the Vendor Warranty that the Vendor includes with the Vendor-Warranty Product sold by Seller’s Retail Businesses. If Seller does not sell the Vendor-Warranty Product through Seller’s Retail Businesses, the duration and coverage of the Vendor Warranty will be no less favorable to Buyer’s customers than the duration and coverage of the most-favorable-to-customer warranty provided by Vendor for the Vendor-Warranty Product when sold by Vendor to its other customers. Seller will perform its obligations in this Section 10(a)(ii) without any additional compensation payable by Buyer to Seller. The Seller Warranty and the Vendor Warranty are together referred to as the “Warranty.” Seller’s Compensation for Seller Warranty. As Seller’s sole compensation for the Seller Warranty for a No-Vendor-Warranty Product (including a “stock product) that is an HTS Product, the HTS Invoice Price described on Appendix 3(b) includes a charge for the Seller Warranty, and as Seller’s sole compensation for the Seller Warranty for a No-Vendor-Warranty Product that is an Outlet Product, Seller’s charge for the Seller Warranty is set forth on Appendix 4(b) (collectively, “Seller’s Compensation”). Seller’s Warranty does not cover Outlet Product while in Buyer’s possession prior to sale by Buyer to a consumer and charges for repair of such products (“Outlet Store Stock”) are set forth in Appendix 1.01-B (Product Services) to the Services Agreement (the “Product Services Appendix”).

Appears in 1 contract

Samples: Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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