GE APPLIANCES JGB660SPSS 30 Inch Free Standing Gas Range

TERMS AND CONDITIONS

I. Haier U.S. Appliance Solutions, Inc. d/b/a GE Appliances (Company or GE Appliances) agrees:
A. to give consideration to product purchase orders of the Dealer; however, (i) all ordersfrom Dealer are subject to acceptance by the Company in the Company’s sole discretion (ii) the Agreement in no way obligates Company to sell an entire product line or brand of products to Dealer (iii) Company maintains sole discretion to determine which, if any, specific products of any particular brand or product line it sells to Dealer and (iv) all orders accepted by the Company are subject to the Company’s right to allocate its available products among its customers as may be determined at the absolutediscretion of the Company. Company shall have no liability for any failure to fill an order;
B. to provide for service required to maintain the product in operating condition to theextent and for the time period stated in the warranty covering the specific product;
C. to make available for the authorized Dealer location(s) according to the terms of published Plans and Programs of the Company: 1. product sales training, 2. inventory financing consistent with Dealer’s financial capabilities, 3. co-op advertising plans, 4. other dealer identification materials, and merchandising and promotional assistance;
D. to make available to the Dealer information about use and installation of its products so that Dealer’s personnel may inform product purchasers on such matters;
E. to provide Dealer with copies of applicable product warranties so Dealer may complywith the Magnuson-Moss Warranty Act; and
F. to provide the Dealer with sales support in the form of a continuing advertising program or periodic retail merchandising and promotional programs and incentives.
G. to grant Dealer a non-exclusive and revocable right to use the GE Appliances trademark and all GE Appliances trademarks (the “GE Appliances Marks”) for the sole purpose of displaying, marketing, advertising and/or promoting the sale of products sold to Dealer under this Agreement. II. The Dealer agrees: to advertise, display, promote, demonstrate and sell Company’s products, using trademarks and trade names in a manner that (i) will enhance the prestige of the products and their brand name (ii) will not disparage the products or their image, orany of the Company’s trademarks or trade names (iii) is consistent and compliant with the GE Appliances Trademark Guidelines contained in this Handbook; and (iv) complies with the appearance and manner of use of the GE Appliances Marks as set forth in the cooperative advertising guidelines or at such other website or location determinedly Company, and in compliance with any modifications or amendments to such rules and practices made by Company. To the extent there is any conflict or inconsistency between an existing and new rule or standard for the GE Appliances Marks, the new rule or standard shall take precedence. A. upon Company’s request, to take any and all steps necessary to limit or prohibit the use of Company’s trademarks by any third party in connection with Supplier’s promotional activities; B. to fully participate in advertising and merchandising promotions; C. to cause sales, service and installation personnel to attend Company training meetings and, when performing installation or repairs, to comply with all installation instructions, service bulletins and othersafety or performance instructions Company communicates to Dealers. D. to inform, advise and assist purchasers in matters of product use, care, application and installation by means of counsel, demonstrations and suitable assistance, upon purchasers’ requests;
E. not to remove or alter the Company’s printed warranty or Owner’s Registration Certificate packaged with products;
F. to maintain current information about the identities, locations and telephone numbersof Factory Service and authorized Customer Care local servicers with whom the Company has agreements covering warranty service,and to provide all such information to purchasers requesting it;
G. to comply with the specific product registration requirements as required by Company;
H. to maintain a complete record of Company’s products sold by the Dealer (including model and serial number, name and address of purchaser, and date of purchase and installation), and to furnish such data to the Company upon request, free of charge, inorder to facilitate the locating of products in the possession of users and further, at the Company’s request, to allow the Company to audit such records (along with all of the Dealer’s other books and records relating, directly or indirectly, to Company’s products) during the Dealer’s normal business hours;
I. to report promptly to the Company Consumer Service Manager any allegation of property damage or personal injury caused by Company products;
J. to promptly and fully cooperate if action is requested by the Company on any matter reasonably identified as relating to consumer product safety;
K. not to remove, disconnect or negate at any time any safety or performance feature of any product;
L. not to use the Company’s name or any Company trademark in any manner not approved by the Company in writing (refer to trademark guidelines);
M. upon termination of this Agreement, toremove from its premises all signs, insignias, and other sales promotional materialdisplaying Company’s name or trademarkswhich are related to this Agreement and to discontinue the use of such name and trademarks; and further, that the Companyshall have the right to repossess any exterior signs, regardless of their locations, if theDealer fails to remove them upon termination of this Agreement;
N. to provide Company a valid resale sales tax certificate containing a retailer registration number issued pursuant to the sales and use tax laws of the state (and local taxing jurisdiction if applicable) in which Company delivers product to Dealer or Dealer’s customer;
O. to pay for all products (plus any applicable state and local sales tax if Dealer fails to provide Company a valid resale sales tax certificate(s) as required by this Agreement), promotional material and other items purchased from the Company in strict accord with the terms and conditions of sale or other related agreements;
P. to promptly notify Company prior topayment for Products if Dealer believes the quantity or type of Products ordered differs from the quantity or type of Productsactually received;
Q. to pay Company, at its sole discretion, afinance charge on any account over thirty (30) days past due at the highest per annum rate permitted by applicable law on the past duebalance;
R. to comply with the Magnuson-Moss Warranty Act and, in particular, Part 702 of theRegulations thereof (16 CFR PART 702), by making product warranties available to prospective buyers prior to sale; and
S. to comply with all instructions of the Company and all applicable federal, state and local environmental, landfill, waste management and similar laws in the event Dealer scraps used or damaged products, including removal of CFCs and any other hazardous material.
T. if Dealer is procuring products or services on behalf of the US Government, that allproducts and services provided by Company meet the definition of a “commercial-off-theshelf” (COTS) or “commercial item” as those terms are defined in FAR 2.101. Dealer agrees the subparagraph terms of FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applyonly to the extent applicable to COTS or commercial items and only as appropriate for the dollar value of the order. The version ofthe clauses shall be those that agree in effectas of the effective date of this Agreement orpurchase order, as applicable.
With regard to any terms related to BuyAmerican Act or Trade Agreements that may be applicable to this Agreement, thecountry of origin of Products is unknown unless otherwise specifically stated by Company.
Dealer agrees any Services offered by Company are exempt from the Service Contract Act of 1965 (FAR 52.222-41).

Dealer agrees this Agreement is not funded, in whole or part, by American Recovery Reinvestment Act funds.
U. all of Company’s pricing information provided to Customer is confidential.
V. to comply with the warning requirements of the California Safe Drinking Water and Toxic Enforcement Act of 1986, known as “Proposition 65”, including without limitation, the responsibility for the placement and maintenance of warning materials, including warnings for products sold over the internet. Dealer agrees to indemnify and hold Company harmless from any damages, claims, liabilities, costs, civil penalties, or expenses arising from or in connection with Dealer’s failure to fulfill its responsibilities under Proposition 65.
III. It is further agreed that:
A. products which the Company may deliver to the Dealer shall be sold to the Dealer at prices and on terms established by the Company;
B. this Agreement is nonexclusive and is nonassignable by Dealer without Company’sprior written consent; Company reserves theright to sell products to such other person(s)as it may independently determine in its sole discretion, wherever located, at wholesale, retail or otherwise; Dealer reserves the right todeal in such other lines of product or brands as Dealer determines; Dealer’s appointment is not transferable by operation of law, sale of Dealer’s business or otherwise, without the writtenconsent of Company; Dealer acknowledges that no fee or monetary consideration has been paid, directly or indirectly, by Dealer toCompany for this Agreement or the rights orprivileges related thereto; that no propertyright or interest is sold, assigned or transferred to Dealer under this Agreement; that Dealermay continue to enjoy such rights andprivileges and related benefits only as long asDealer continues to fulfill its responsibilitiesunder this Agreement as may be supplemented from time to time; Company may assign this Agreement to a third party at any time without Dealer’s consent; This Agreement shall be binding upon and inure to the benefit of theparties and their respective heirs, successorsand permitted assigns;
C. in the event said products prove to bedefective in workmanship or material, Paragraph I. B. herein constitutes the soleand exclusive remedy of the Dealer and the sole and exclusive liability of the Company; Paragraph I. B. herein is in lieu of all other warranties, express, implied or statutory, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose;

D. Company sells products to Dealer; but Company is not responsible for selection or application of products;
E. this Agreement may be terminated in regard to any or all product lines in the following ways: 1. the Dealer or the Company may terminatethis Agreement, with or without cause, by giving 30 days written notice to the other party; 2. (For Wisconsin Dealers Only)
should Dealer fail to fulfill any obligation as set forth in this Agreement, Companyshall send notice of this failure to Dealer and, if Dealer has not corrected such failure within 60 days of receipt of said notice, orrefused to accept certified mail containing such notice, Company may terminate this Agreement within 30 days following the expiration of the 60 day time limit; Company may terminate this Agreement with one day written notice to Dealer under any of the following conditions:
(For All Other Dealers) the Company may terminate this Agreement with one day written notice to the Dealerunder any of the following conditions:
a. Dealer attempts to assign this Agreement or any rights under it without the prior written consent of the Company signed by one of the Executives referred to in Paragraph X herein;
b. Dealer submits false or fraudulent reports or other statements to GE Appliances;
c. Dealer sells or ships products to any customer other than the class of customers authorized in this Agreement;
d. Dealer fails to pay GE Appliances when due;
e. Dealer breaches any material term of this Agreement;
f. Dealer or any of its owners or principal management personnel commits a felony, or engages in any unethical, immoral or otherwise improper conduct that, in GE Appliances’ opinion, may impair the GE Appliances brand or GE Appliances’ ability to effectively market or sell the products;
g. ownership, control or management of the Dealer changes in any manner;
h. Dealer ceases to function as an active business, or to conduct its affairs in the normal course of business as a Dealer;
i. a receiver for Dealer is appointed orapplied for, or a petition is filed by oragainst Dealer under any Federal or State bankruptcy law; or
j. Dealer makes an assignment for the benefit of creditors;
however, termination shall have no effect on the rights of either party regarding products delivered by the Company to the Dealer prior to the notice of termination. Any termination notice shall also operate as a cancellation of all unfilled product purchase orders with the following exceptions: the Company shall be obligated to deliver and the Dealer shall be obligated to accept only such products covered by orders appropriately acceptedly the Company prior to the termination notice, and as Dealer, upon request, can satisfactorily prove to the Company that Dealer is obligated to sell and deliver either within 30 days of termination, or within 60 days after notice of termination,(whichever is earlier); furthermore, the company and Dealer may agree in writing that the Company shall deliver and the Dealer shall accept any or all other unfilled product purchase orders.
F. Should this Agreement be terminated in any respect, the Company may, by giving written notice to Dealer within 10 days of termination, repurchase any or all (as Company may select) products in Dealer’s possession. Absent such notice, Company shall not have any obligationto repurchase any products.
G. If any products are repurchased underParagraph III. F., Company shall pay (or credit) Dealer the net invoiced price (after all allowances) which the Dealer paid theCompany for such repurchased products less reasonable costs (if any) for:

1. delivery to Company’s warehouse;
2. reconditioning or repairing; and
3. obsolescence and depreciation;
   H. accepting any order from, or selling any products to, the Dealer after termination of this Agreement shall not constitute a renewal or extension of this Agreement, nor a waiver of termination thereof; however, inthe absence of a new written Dealer Sales Agreement signed by one of the Executives referred to in Paragraph X herein, all such transactions shall be governed by provisions identical to those of this Agreement;
   I. neither Company nor Dealer shall, by reason of termination of this Agreement for any or all products, be liable to the other for unrealized sales and profits, expenditures, investments, leases, or any commitment to any third party in any business context by either party to this Agreement, and any claim or demand arising from or relating to transactions between the parties. However, this Paragraph III. I. shall not affect claims or obligations: (1) under Paragraph I. B.; (2)under Paragraph II. M.; (3) under Paragraph III. F. or III. G.; (4) for payment of all unpaid charges for merchandise previously sold or returned by one party to the other; or (5) for any obligations or liabilities under co-op advertising plans issued by the Company.

Nothing in this Paragraph III. I. shall be deemed to amend or modify Paragraph III. H. or the last sentence of Paragraph III. E.;
J. any notice or request provided for under this Agreement shall be given in writing by certified mail, return receipt requested, or by telecopieror similar means of electronic transmission(with electronic confirmation of transmissionreceipt), addressed to the specified officeaddress or telecopier number of the Companyand specified mail address or telecopier number of the Dealer, as the case may be;
K. should either party fail at any time to enforce any provision of this Agreement, that shall not constitute a waiver of any provision or affect that party’s right to enforce any provision thereafter;
L. the relationship between the Company andDealer during the term of this Agreement is that of vendor and vendee; the Dealer, and its agents, employees or representatives, shall not enter into any contract or make any commitment either in the name of or on behalf of the Company, nor obligate the Company inany respect to any third party, nor be deemed agents, employees or representatives of the company under any circumstances;
M. Dealer hereby grants to the Company:

1. A Purchase Money Security Interest: Company shall have a purchase money security interest in products furnished by the Company in the amount of their invoiced prices which shall be satisfiedby payment in full to the Company. In order to perfect the Company’s security interest, the Company may file a financing statement with appropriate authoritieswhich the Dealer will sign upon request. In addition, the Company is hereby appointed an agent of Dealer to sign financing statements on Dealer’s behalf for the purpose of filing such financing statements with appropriate state and/ or local authorities in order to perfect the Company’s security interest.
2. (i) Company may deduct, withhold or setoff any amounts that Company owes to Dealer (“Company Indebtedness”)against any or all current and future indebtedness that Dealer owes toCompany (“Dealer Indebtedness”),whether such Company Indebtedness is in dispute or not, and whether or not such Company Indebtedness arises out of this Agreement or any other transaction between Company and Dealer. (ii) Dealer shall not, under any circumstances,deduct, withhold or setoff the amount of any Dealer Indebtedness owing by Dealer to Company against any or all current and future Company Indebtedness owing by Company to Dealer.
   N. Company’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this Agreement shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim. In no event and to the fullest extent permitted by law, whether as a result of breach of contract or warranty or alleged negligence or otherwise, shall either party be liable for special, incidental or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of the products, cost of capital, cost of substitute product, downtime costs, or claims of customers of Dealer for such damage, whether in arbitration, judicial litigation, administrative proceedings or otherwise.
   IV. The Company reserves the right (at any time in its absolute discretion without thereby incurring any liability to the Dealer) to (i) change or terminate any or all of its products or product lines (ii) change or modify deliveries to Dealer (iii) change or modify its methods and procedures of conducting business and (iv) impose additional limitation or conditions on the resale or marketing of one or all products,as a condition to Dealer’s right to purchase the affected products.
   V. If Company authorizes Dealer to sell to purchasers located outside the contiguous 48 United States, including sales to baggage trade purchasers, Dealer will not sell any product in other countries, nor sell any modified or altered product, without first having obtained from the appropriate authority of that country a written safety approval, or having first determined that no such approval is required. If Dealer sells any product without meeting the requirements of this Paragraph, Dealer will indemnify Company and hold it harmless from any damages,claims, liabilities or expenses arising from Dealer’s sale of product without required written safety approvals. Any literature accompanying products is the sole responsibility of Dealer.
   VI. This instrument, the Retail SalesAgreement and the instruments incorporated by reference in the Retail Sales Agreement (collectively, this “Agreement”) contain the entire and only Agreement between the parties concerning the subject matter covered by this Agreement and
   merge all prior and collateral representationsconcerning such subject matter.
   Any other representation or condition not
   found herein is null, void and of no effect. This Agreement takes the place of all pre-existing arrangements and agreements between the parties regarding such subject matter. No contract or amendment agreed to by the parties after theexecution of this Agreement shall amend anyprovision of this Agreement unless specifically so stated in the contract or amendment. ThisAgreement may be amended only in writing indocumentary (paper form), signed by both parties,and in conformance with Paragraph XI.
   VII. Company’s practice is to freely share with its Dealers information, suggestions and ideas to enhance each Dealer’s ability to compete. Therefore, Company will receive any information, suggestion or idea which the Dealer submits gratuitously. Company will have theright to freely use and disclose to others all information, suggestions and ideas disclosed to it by the Dealer. However, Company cannot and will not receive information, suggestions or ideasfor which the Dealer expects compensation. The Dealer will be compensated for anyinformation, suggestion or idea only if it is submitted to Company in accordance with a written agreement specifically directed to that information, suggestion or idea and signed by an authorized representative of Company before thesubmission to Company.
   VIII. The laws of the State of Delaware shall govern the validity, negotiation, interpretation,construction, performance, termination andenforcement of this Agreement. If any provision of this Agreement, or any amendment oraddendum thereto, is illegal, invalid or void under any applicable law, then it shall be consideredseverable (only to the extent necessary) and theremaining provisions shall not be impaired andthe Agreement shall be interpreted as far as possible to give effect to its stated purpose.
   IX. All disputes, controversies and questions directly or indirectly arising under, out of, in connection with, or in relation to this Agreement or its subject matter, including without limitation, all disputes, controversies and questions relating to the validity, negotiation, interpretation, construction, performance, termination and enforcement of this Agreement (a “Dispute”),shall be resolved in accordance with this paragraph, which shall be the sole and exclusive procedure for the resolution of any such Dispute.
   A. Except as provided by Paragraph IX.G, theparties shall attempt in good faith to resolve any Dispute promptly by negotiation. If thematter has not been resolved within sixty days of a party’s written request for negotiation, either party may initiate arbitration as provided hereinafter.
   B. Any Dispute which has not been resolved by negotiation as provided above shall, at the request of either party, be finally settled by arbitration under the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes in effect on the date of this Agreement, by a single independent and impartial arbitrator appointed by the Center for Public Resources from its Regional Panel of Neutrals. Not withstanding Paragraph VIII above, the law applicable to the validity of this arbitration provision, the conduct of thearbitration, the challenge to or enforcementof any arbitral award or order, and any other question of arbitration law or procedure shall be governed exclusively by the FederalArbitration Act, 9 U.S.C. sections 1-16.
   The place of arbitration shall be Louisville, Kentucky. The parties agree that the federaland state courts located in the State ofKentucky shall have exclusive jurisdiction overany action brought to enforce this arbitration provision, and each party irrevocably submits to the jurisdiction of said courts. Notwithstanding the foregoing sentence, either party may apply to any court of competentjurisdiction, wherever situated, for enforcementof any judgment on an arbitral award.
   C. To the fullest extent permitted by law, the arbitrator is specifically denied and divested of any authority to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right, whether in arbitration, judicial litigation, administrative proceedings, or otherwise, to recover any damages in excess ofcompensatory damages.
   D. Except as time-barred under an applicable statute of limitation of lesser duration, any claim by either party shall be time-barred unless the asserting party commences an arbitration proceeding with respect to such claim within two years after the cause of action has accrued.
   E. Notwithstanding any other provision ofthis Agreement, the parties expressly agree that prior to the first meeting of the arbitral tribunal, Company shall have the right to apply to any state or federal court in Kentucky, or any other court that would otherwise have jurisdiction, for provisional or interim measures.
   F. Each party hereby consents to a single, consolidated arbitration proceeding of multiple claims, or claims involving more than two parties. The prevailing party or parties in any arbitration conducted under this paragraph shall be entitled to recover from
   the other party or parties (as part of the arbitral award or order) its or their reasonable attorneys’ fees and other reasonable costs of arbitration.
   G. Notwithstanding any other provision ofthis Agreement, Company will not berequired to exhaust contractual disputeresolution procedures with regard to any collection claim.
   X. For contract formation and for all other purposes under applicable law, this Agreement, if inelectronic form, shall be deemed (1) “written” and a “writing;” (2) “Signed;” (3) an “original business record” and (4) “authentic” when printed from electronic files or records established andmaintained in the normal course of business. Both parties hereby expressly waive any right to object to the validity or enforceability of this Agreement in electronic form on the ground thata “statue of frauds,” or other applicable rule ofevidence or law requires that agreements be indocumentary (paper) form or manually signed by the party bound. This Agreement, if in electronic form and introduced as evidence in any proceeding, shall be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary (paper) form, and neither party shall contest the admissibility or authentication of copies of this Agreementunder either the business records exception to the hearsay rule or the best evidence rule on the basis that the Agreement was not originated or maintained in documentary (paper) form.
   Each party will adopt reasonable security measures to limit access to GECustomerNet.com / geappliancescustomernet.com or other code or electronic address and to limit access to its password to authorized persons. Either party may “Sign” this Agreement through a reasonably reliable and secure third party internet service provider.
   XI. This Agreement shall not become effectiveuntil adopted and signed, either electronically or manually in documentary (paper) form, on behalf of Company by an Executive Officer of GE Appliances or the responsible Senior Director, Region Sales orArea Sales Manager of GE Appliances Sales andDistribution. Neither any amendment or change of any nature whatsoever, nor any representation,promise or condition relating to this Agreementshall be valid or binding upon Company unlessmade in writing in documentary (paper) form only and signed on its behalf by an Executive Officer of Company or the responsible Senior Director, Region Sales only. No agreement or representation regarding sale or purchase of products shall be binding upon Company unless made in writing and signed in conformity with the terms of this Agreement.

SALES PLANS

S(GHEIP®PISNEGRIPELSA/PNROFILETM/CAFÉ® /HOTPOINT®/HAIER®)
To determine order size requirements the Company’s “Order Point System” assigns a point value to each of the product models that cancomprise an order. The cumulative point value for a given order provides an accurate measure of thatorder’s vehicle space requirements when loaded. To simplify the ordering process, the Company hasgrouped its products into point-size categories as a guide for you to use in estimating the cumulativepoint value of your mixedproduct orders. (See Region “Mixed Product Order Size Guide” for point values by product and required points forpartial and full trailer discounts.)
Direct Shipments from distribution centers, on which the Company will prepay freight, are based on the terms described on the current price sheets and Order Size Guide issued by the Sales Region.
RETURNS, DAMAGED AND DEFECTIVE MERCHANDISE PLAN
This plan is to provide authorized Dealers, Distributors and Suppliers (“Customers”) with the guidelines and procedures for returning merchandise due to any reason, including but not limited to order error, shipment error, damage and defective units.
The procedure is to contact your Area SalesManager (“ASM”) or equivalent in order to processthe return. The ASM may offer an allowance in lieu of a return. If an allowance is authorized, the model number, serial number and invoice number of the unit(s) will be required to process theallowance. An inspection or waiver of inspection of the damaged appliance and the original cartonwill normally be required by the ASM prior toauthorizing a damage allowance or the return of damaged merchandise.
If an allowance is not agreed upon and the returnis authorized per the guidelines listed in this plan,the following information will be required:
a. model #;
b. serial #;
c. invoice #;
d. a copy of delivery receipt (“Bill of Lading”)noting the units that were damaged at time of receipt (this only applies to units that werediscovered damaged at time of receipt); and
e. reason for return.
Additional requirements for returns are:
f. The unit must include the original carton, all parts and use/care manuals upon return. If not, an additional 15% restocking charge willbe incurred.
g. Requests for returns will not be accepted after 90 days from original invoice date.
h. Customer returns must be made within 30 days of the Return Authorization date.
i. The SDS or As-Is Depot will not pick up or receive a unit without a Return Authorization.
j. Do not return units that are so severely
damaged as to be unsalable at retail. As-Is Depots have been instructed to refuse this product. Settlement will be made through your ASM (see Section D.).
k. Do not return units that have been installed
and used by a consumer in the home.

TYPES OF RETURNS:

A. Returns Due to Order Error and Shipment Error

1. Company will accept returns of factory sealed cartons due to Company order error orCompany shipment error up to 30 days from original invoice date at no charge.
2. Subject to the terms in this Section A.2.,Company will accept returns of factory sealed cartons due to Company order error orCompany shipment error after more than 30 days and before 90 days from original invoice date. Also, subject to the same terms, Company will accept returns of factory sealed cartons due to Customer order error at anytime up to 90 days from original invoice date. In both instances, the return is subject to payment of a restocking fee of $55/majorappliance and $15/accessory. For all of thesereturns, freight will be arranged for and paidby the Customer.
3. Company will accept returns of open cartonsthat were shipped due to Company order error or Company shipment error or Customer order error. For customer order error, GE Appliances error after 30 days, and damage without a note of damage on the bill of lading, a restocking fee of 25% of invoice price will be charged. For these returns, freight will be arranged for andpaid by the Customer. After 90 days, Company will not accept return of any unit.
   B. Returns Due to Damage:
   In-transit damaged returns are subject to certain limitations. Any damage resulting fromCustomer’s, or from Customer’s employees’ own handling (warehousing, display, delivery, etc.) is not in-transit damage. Any applicable damage tothe product outside the original carton, or obvious damage to the original carton for which there is no notation on the carrier’s delivery receipt is, in each case, the sole responsibility of the Customer. Sothat a Customer may avoid the time-consuming inconvenience of claim filing for in- transit damage, as well as to relieve Customer’s inventory and get prompt credit for in-transit damage to merchandise, the Company will assume responsibility for filing such claims if the Customer follows all prescribed procedures when receiving merchandise.

1. a. Company will accept returns of factory sealed cartons with visible carton damage up to 30 days from original invoice date at no charge. The Bill of Lading must specifically note the units (model #s/serial #s) that were damaged at time of receipt. Additionally, the carrier must sign the Bill of Lading. The Company may request that the noted Bill of Lading be faxed to Company.
1. b. If no note is made on the Bill of Lading indicating the model

s/serial #s that were damaged, then the return is subject to payment of a

restocking fee of 25% of invoice price. Company will accept returns of factory sealed cartons with visible carton damage after more than 30 days and before 90 days from original invoice date, subject to payment of a restocking fee of 25% of invoice price. For these returns, freight will be arranged for and paid by the Customer.
2. a. Company will accept returns of open cartons with product damage up to 30 days from original invoice date at no charge, only when the Bill of Lading is specifically noted with the model #s/serial #s that were damaged at time of receipt. Additionally, the carrier must sign the Bill of Lading.
2. b. If the Bill of Lading is not noted with the model #s/serial #s that were damaged, the return will be subject to payment of a restocking fee of 25% of invoice price. Company will accept all other returns of open cartons with product damage at any time up to 90 days from original invoice date, subject to payment of a restocking fee of 25% of invoice price. This includes concealed damage, which is damage that cannot be detected without uncrating the unit. For all of these returns, freight will be arranged for and paid by the Customer.
C. Returns Due to Defective Units

1. When a consumer reports an initial service problem to the Customer within the product warranty period, the Customer is to instruct the consumer to contact the Company to set up a service call. Exchange of the product by the Customer should be discouraged until the Company-authorized servicer has investigated the problem and recommended a course of action. If the consumer refuses to accept the initial service call and forces an exchange, the Customer is responsible for the exchange. Costs of such an exchange shall be borne by the Customer. Customer shall make every reasonable effort to keep the unit in the consumer’s home so that Company, at its option, can provide the service or exchange accordingly.
2. If Company-authorized servicer determines that a defective unit cannot be field-repaired in the consumer’s home, the Company will arrange with consumer to exchange the unit or provide suitable resolution to the issue.
3. a. The Customer is strongly encouraged to keep defective units in the consumer’s home to allow for disposition and repair by a Companyauthorized servicer. However, in the event that a defective unit is returned to the store of a Customer who is NOT a Company- authorized servicer, the Customer must provide the services (water, gas, 110V/220V electrical service) required by the Company- authorized servicer to repair and confirm that the unit is functionally operable. In the event that the services are not available, the Customer is responsible for the unit.
   b. If the Customer is a Company-authorized servicer, the unit returned to the Customer by the consumer can be repaired and resold, if unit passes all required safety tests and is functionally operable.

D. Units Beyond Repair that Require Scrap

1. Unrepairable products must be scrapped at the Customer location and not returned to the Company or associated Scheduled Delivery Servicer (SDS) or As-Is Depot. The products are not to be disposed of as salvage or scrap without the Company’s prior approval. Before disposal of scrapped units, Customer must secure approval from the ASM. This includes but is not limited to units that:
   a. Are not functionally operable;
   b. Do not pass the safety check;
   c. Cannot economically be made to be functionally operable and pass the safety check or;
   d. Cannot be sold or given to any person orentity in a condition where the unit can be made operable for a cost less than the cost of a new unit.

2. To scrap a unit, the serial plate must be removed, attached to a Scrap Form, signed by an ASM and mailed with an audit copy of the Scrap Form to your assigned ASM for record retention. All products to be scrapped must be made completely inoperable and unrepairable for less than the cost of new units and be disposed of lawfully through proper channels such as shredder or landfill, all at Customer’s expense. In disposing of Products, Customer shall comply with all applicable federal, state and local environmental, landfill, waste management and similar laws, rules and regulations.
   E. After 90 days, Company will not accept return of any unit.

USE OF SPECIFIC PRODUCT TRADEMARKS

For US use only.
General Rules apply to the use of GE® Series, Café®, Haier® and Hotpoint® trademarks in advertising and sales promotion material as follows: The first or most prominent use of any of the registered trademarks in each advertisement should be accompanied by the letter “R” enclosed within a circle, thus ®. Do not use ® or any of these other legends with atrademark which has not been registered. However, the unregistered trademark should be followed by the superscript TM the first prominent time it is used in an ad or publication. Use the trademark only as an adjective, never as a noun, never in the possessive or plural. The generic name of the product or article to which the trademark applies should appear in all advertisements each time the trademark isused, so as to make it clear that the trademark designates the origin of that product and not the name of the product. For example, Disposall ® disposer.

*THE FOLLOWING are REGISTERED GE APPLIANCES TRADEMARKS. They should be identified with the superscript ®.**

Advantium® Calrod ®
Disposall® Spacemaker ®
Adora®  Zoneline®

*THE FOLLOWING are UNREGISTERED GE APPLIANCES TRADEMARKS
. They should be identified with the superscriptTM.**

*This list of registered and unregistered GE Appliances trademarks should not be relied upon as a complete list of all GE Appliances trademarks.

TRADEMARK GUIDELINES

TRADEMARK USAGE POLICY
The branded trademarks are of enormous commercial value to the Company, its affiliates, and to the Dealers handling its products. Therefore, the rules and regulations set forth in this guide are issued to outline Company policy concerning the use of these trademarks to ensure that all interested parties may realize the maximum advantage from such use without jeopardizing these values. Dealers may use the trademarks only in accordance with these guidelines, including in connection with a website either owned, operated by, or being used by the Dealer.


BASIC REQUIREMENTS
Company trademark policies contain these basic rules on the use of the logos. Every use of these trademarks must be in direct association with names or illustrations of the branded products or services handled or with the products themselves.
The trademarks may not be incorporated in the Dealer’s firm name, or used in fictitious names, as for example, in the Dealer’s website domain name content or any metatags embedded within that website, or in alternate listings in the white pages or yellow pages of a telephone directory. A Dealer-sponsored branded heading may be used in the yellow pages and it may identify the product or product lines concerned and the subtitle, “where to call.”
The logos may be used with product designations or in projecting sidewalk signs. Dealer-sponsored organizations, or those formed or operated by the employees of a Dealer may not use the logos.

The logos may be used in connection with the following:
a. Store fronts and window signs,
b. Owned delivery and service vehicle signs,
c. Advertising copy and sales promotion material. No
background treatment, mounting, or other device should ever be superimposed on, or infringe on, the logos so as to embellish them or to detract from their effectiveness.
The logos should not be used in any sentence except when it serves to illustrate a specific reference to the trademarks themselves. The size of the logos should always be as large as possible, consistent with attractive appearance. Remember, however, that the Dealer’s trade names must be displayed more prominently than the logos.

TRADEMARK GUIDELINES (CONT.)

IDENTIFICATION AND STORE DISPLAYS A complete list of available store displays and signage is available in the Sales Material Catalog.
STATIONERY Dealers may use authorized brandedidentification on their stationery and business forms. The areas of permissible use include letterheads, envelopes, billheads, and salespersons’ cards. Identification may be made by using the logo and a secondary trademark if appropriate with the name(s) of the product(s) handled, or by using the trademark with a full “Authorized Distributor” legend. Regardless of the form in which an authorized trademark is used, it should be less prominent than the identity of the Distributor.
or the logo may be used with an illustration like this

Not like this
HOW TO REPRODUCE THE GE APPLIANCES TRADEMARK The GE Appliances logo is an original design. Reproduction art is included in subscription service promotional materials or may be ordered through your Area Sales Manager. The GE Appliances logo should be used standing by itself, like this:

or the logo may be used with an illustration like this
Not like this

It should never be used partially behindor overlapped by anything else, like this:

It should not be used on a photograph, or over type or imagery.

HOWTOREPRODUCETHE HOTPOINT LOGO AND TRADEMARK
The Hotpoint logo is an original design. Reproduction art is included in subscription service promotional materials or may be ordered through your Area Sales Manager.
Association between Hotpoint®, Haier® and/or GE® Serieswill not be allowed in words or visuals. Hotpoint logo should never be used partially behind oroverlapped by anything else, like this:

c. in radio or television (pending script approval by GE Appliances Senior Director, Region Sales)
It should always be followed by the name of an appliance or service, like this:

or the logo may be used with an illustration like this

Not like this

May be used only:
a. by any authorized Hotpoint dealer
b. in newspaper advertising

HOW TO REPRODUCE THE HAIER® TRADEMARK
The Haier logo is an original design. Reproduction art is included in subscription service promotional materials or may be ordered through your Area Sales Manager. Association between Hotpoint, Haier and/or GE Appliances will not be allowed in words or visuals. The Haier logo should never be used partially behind or overlapped by anything else, like this:

It should always be followed by the name of an appliance or service. like this:

or the logo may be used with an illustration like this

Not like this

May be used only:
a. By any authorized Haier dealer b. In newspaper advertising c. In radio or television (pending script approval by GE Appliances Senior Director, Region Sales)
For more detail on using the Haier brand and trademark appropriately, please visit

https://www.monogram.com/ https://www.cafeappliances.com/

https://www.geappliances.com/ https://www.geappliances.com/ge/profile.htm https://www.haierappliances.com/ https://www.hotpoint.com/

Appliance Park Louisville, KY 40225 geappliances.com

GE Appliances has a policy of continuous improvement of its products and reserves the right to change materials and specifications withoutnotice.
© 2022 GE Appliances, a Haier company. GE is a trademark of General Electric Company.

References

• CustomerNet
• GE CustomerNet
• Café, Customizable Kitchen Appliances for the Modern Home
• Kitchen Appliances, Refrigerators, Dishwashers | GE Appliances
• Innovative and Stylish GE Profileâ„¢ series appliances | GE Appliance
• Haier Air Conditioners, Compact and Small Space Kitchen Appliances | Haier Appliances
• Home - Hotpoint
• Monogram Appliances

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