Common use of MODIFICATION OF PRODUCTS Clause in Contracts

MODIFICATION OF PRODUCTS. A. MANUFACTURER shall give DISTRIBUTOR at least ninety (90) days prior written notice of all engineering modifications that will affect Products in DISTRIBUTOR'S inventory if such changes affect form, fit, or function. If these modifications preclude or materially limit DISTRIBUTOR'S inventory from selling once the engineering modifications are implemented. MANUFACTURER will work with DISTRIBUTOR to move the affected inventory through resale or repurchase for ninety (90) days. If after the above efforts, affected Product still remains in DISTRIBUTOR'S inventory, MANUFACTURER agrees to replace it with upgraded Products within one hundred twenty (120) days of the official public announcement of such modification or MANUFACTURERS first shipment of the modified Product, whichever occurs first. B. MANUFACTURER shall pay all freight and shipping charges in connection with any such return or replacements. DISTRIBUTOR shall not count returns of Products under this section as "stock rotation" for purposes of computing the amount of Products returnable.

MODIFICATION OF PRODUCTS. A. MANUFACTURER shall give DISTRIBUTOR at least ninety (90) days prior written notice of all engineering modifications that will affect Products in DISTRIBUTOR'S ’S inventory if such changes affect form, fit, or function. If these modifications preclude or materially limit DISTRIBUTOR'S ’S inventory from selling once the engineering modifications are implemented. MANUFACTURER will work with DISTRIBUTOR to move the affected inventory through resale or repurchase for ninety (90) days. If after the above efforts, affected Product still remains in DISTRIBUTOR'S ’S inventory, MANUFACTURER agrees to replace it with upgraded Products within one hundred twenty (120) days of the official public announcement of such modification or MANUFACTURERS first shipment of the modified Product, whichever occurs first. B. MANUFACTURER shall pay all freight and shipping charges in connection with any such return or replacements. DISTRIBUTOR shall not count returns of Products under this section as "“stock rotation" ” for purposes of computing the amount of Products returnable.