Common use of Allegations Clause in Contracts

Allegations. This Settlement Agreement settles Notice of Violation (NOV) #AC-21- 03-04, which was issued on July 12, 2021. CARB alleged Walmart violated the Indoor ACD Regulation by selling, supplying, offering for sale, and entering into commerce into California indoor air cleaning devices which were not certified by CARB to produce an ozone emission concentration not exceeding 0.050 parts per million (ppm) and failing to display the required advisory on webpages advertising uncertified devices: “Does not meet California air cleaner regulation requirements; cannot be shipped to California,” as outlined in Notice of Violation #AC21-03-04. CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against Walmart for each and every indoor air cleaning device involved in the violations and each day.

Allegations. This Settlement Agreement settles Notice of Violation (NOV) #AC-21- 03AC20- 11-0402, which was issued on July 12January 6, 2021. CARB alleged Walmart Daikin violated the Indoor ACD Regulation by selling, supplying, and offering for sale, and entering into commerce into California uncertified indoor air cleaner model MC75KSU that is an indoor air cleaning devices which were not certified by CARB device and is subject to produce an ozone emission concentration not exceeding limit of 0.050 parts per million (ppm) and failing to display the required advisory on the webpages advertising uncertified devicesindoor air cleaners: “Does not meet California air cleaner regulation requirements; cannot be shipped to California,” as outlined in Notice of Violation #AC21AC20-0311-0402. CARB alleges that if the allegations described in paragraphs 1 through 6 were proven, civil penalties could be imposed against Walmart Daikin for each and every indoor air cleaning device involved in the violations and each day.

Allegations. This Settlement Agreement settles Notice of Violation (NOV) #AC-21- 03AC23- 04-0401, which was issued on July 12April 26, 20212023. CARB alleged Walmart A2Z Ozone violated the Indoor ACD Regulation by by: (a) manufacturing for use in California, selling, supplying, offering for sale, and entering into commerce into in California the A7K, A-3500, and the A-7000 Air Ozone Generators, which are indoor air cleaning devices which that were not certified by CARB to produce an ozone emission concentration not exceeding 0.050 parts per million CARB; and (ppmb) and failing to display the required advisory on webpages advertising uncertified devicesindoor air cleaners: “Does not meet California air cleaner regulation requirements; cannot be shipped to California,;” as outlined in Notice of Violation #AC21-03AC23-04-01. CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against Walmart A2Z Ozone for each and every indoor air cleaning device involved in the violations and each day.