Document reqxD4BqBvOqDwE7254E8GExr

\ MaReMONT CORPORATION April 12, 1990 Sears Roebuck & Co. Merchandise Group National Headquarters Sears Tower Chicago, IL 60684 Attn: R. W. Naehring, Buyer Department 628 Dear Bob: Enclosed are the signed documents necessary to finalize our agreements to end the basic contract. Please let me know if there is anything else we need to do. I look forward to seeing you soon. Sincerely, Leon Viars tl Enc. MAR 007196 September 25, 1989 MAREMONT CORPORATION 1283 Murfreesboro Road Nashville, TN 37217 Attention: E. L. Viars, Vice President Ride Control Products Re: Letter of Termination Dear Mr. Viars: The purpose of this letter is to reduce to writing the mutual termination of the three (3) Basic Buying Agreements (related to exhaust systems, shock absorbers and lined brake shoe sets) previously entered into between Maremont Corporation and Sears, Roebuck and Co. Such Basic Buying Agreements together with all amendments thereto, are hereafter referred to as the "Agreements". The Agreements provided that Maremont was to manufacture and sell to Sears and Sears was to purchase from Maremont certain of Sears requirements of exhaust systems, shock absorbers and lined brake sr sets, all as more fully set forth therein. By mutual agreement and consent, our respective companies agreed last year to terminate the aforesaid Agreements as of midnight June 30, 1988 and to waive any redetermination audits that were not completed. It has come to my attention that while many drafts of the mutual agreement and consent to terminate said Agreements exchanged hands, a Letter of Termination was never formally executed. Therefore, this letter shall serve as a formal Letter of Termination of said Agreements. If this letter accurately reflects your understanding as to the status of said Agreements and meets your approval, please indicate by signing the acceptance clause at the bottom of the duplicate copies of this Letter of Termination and returning one (1) copy for my records. Very truly yours, Senior Executive Vice President AGREED AND ACCEPTED BY: MAREMONT CORPORATION this ____ day of October, 1989. By -------3//9cVice President, Ride Control Products MAR 007197 APPROVED FOR SIGNATURE: GROUP 700-8 By: - :* /:> ,, , > __________ Vic/ President, Automotive Recreation Group DEPARTMENT 628 By: National Merchandise Manager 2 MAR 007198 C. J. Hunter PROPOSED SEARS BRAKE WARRANTY PLAINTIFF'S EXHIBIT J. H. Sherr February 6, 1984 cc: Vi. C. Burkhead I have reviewed the attached proposed warranty and I have the following comments: I would delete the statement "or refund the purchase price" at the end of the first paragraph. The customer may interpret this statement as providing him an option. In fact, the law requires that Sears refund the purchase price if it is unable to furnish a replacement. Hie second paragraph appears to be copied from the Midas-warranty. Midas may take exception to Sears' copying this portion of their warranty (it is arguably the only copyrightable portion of the Midas warranty). I suggest that Nuturn and Maremont provide Sears with technical input as to when brake pads are considered "worn out". If the definition stated in the two warranties is in accordance with some federal or industry standard then I have no objection to quoting the standard even if it copies the Midas warranty. Note also that the words "this is" should be inserted after "riveted linings" in the last sentence of paragraph 2. You may wish to include a statement similar to our shock absorber warranties that the warranty does not apply to brake shoes or pads which have been altered or subjected to misuse, negligence or accident. . It is useful to include the following statement as the penultimate paragraph. "Any and all express or implied warranties, including any warranty of merchantability or fitness for a particular purpose, are limited in duration to the duration of this warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you." This statement gives some additional protection against claims of successor owners of the vehicle. JHS:ps Enel. MAR 007199 January 25, 1984 Mr. Mike McDonough mrrum corporation 570 Metroplex Drive Nashville, TN 37211 received FEB C 1S84 LAW DEPT. Dear Mike: I am working on getting a Lifetime Warranty Bullitin for the new non-asbestos brakes. As a "model" I used Midas' Warranty. Attached is our Legal Department's (Joyce Pepper) response to wording that is acceptable by Sears. Please run it by "whomever" a'iNutum to get a consensus and respond to me. Very truly yours SEARS/ ROEBUCK AND CO F. Andelbrat Department 628 FFA/mh cc: C. Burkhead, Maremc C. Hunter., Maremont R. Armer, Nuturn att 7 MAR 007200 January 19, 1984 F. F. Andelbrat Department 628 Re: New Brake Shoe and Disc Pad Warranty I have taken the liberty of revising the warranty which you sent to me. As you may have noticed, the Kidas warranty was copyrighted, so I tried to get away from their wording. I limited our warranty to "wear out" which we defined later in the warranty.. We could make it broader to apply to all "defects," if you would prefer that. On the subject of the costs of further adjustments, I added that the customer who bought the brakes installed would get a refund on installation, if he refused these further costs. As usual, Fred, I am negotiable on all my suggestions. Please give me a call after you've had a chance to review this version. /V Department 7-66 - 33571 JP/av Attachment cc: D. W. Raymond, D/766 MAR 007201 Proposed New Sears Warranty LIMITED WARRANTY ON BRAKE SHOES AND DISC BRAKE PADS FOR AS LONG AS YOU OWN THE VEHICLE ON WHICH IT IS INSTALLED For as long as the original purchaser owns the American-made vehicle on which the brake shoes or disc pads were originallyinstalled, if the brake shoes or pads wear out, simply return the shoes or pads to the nearest Sears store throughout the United States, and Sears will furnish a replacement, free of charge, or refund the purchase price. The brake shoes and disc brake pads will be considered "worn out" when the minimum wearable thickness of the lining is 1/32-inch or less. For bonded linings, this is the minimum thickness of the___ lining material at its thinnest point. For riveted linings,'"the measurement from the head of the rivet where the lining is the thinnest, to the surface of the lining. If the returned brake shoes or pads were originally installed by Sears, Sears will install the replacement free of charge. If the returned-brake shoes or pads were not originally installed by Sears, installation' of the replacement is not included under this warranty. You pay for labor. This warranty does not cover the cost of additional brake system components and/or labor required to restore the brake system to its safe and proper operation. If such costs are required and are not authorized by you, Sears will furnish you a replacement set of uninstalled non-warranted brake shoes or pads. If the shoes or pads were originally installed by Sears, the cost of installation will be refunded. This warranty does not apply to brake shoes or pads installed on vehicles used for commercial, racing or competitive purposes. This warranty gives you specific legal rights, and you may also have other rights which vary' from state to state. Sears, Roebuck and Co., Dept. 698/731A, Sears Tower, Chicago, IL 60684. MAR 007202 MAR 007203 ttUDAS* 'j WARRANTY CERTIFICATE `C _*/,*. i,-_- 5i^TEBWCESHd6SA>TOSCBfW<EPM)e)^BECtaoefED>W0UT C mT>lJ^WVUHW&VWaTHI0KNE6SBtCrCfllfis. FDfl> , ,-J:-Dfp^KeDWiEEE_DWS.LTOKPFINOTIGNHTS.E.TTROUfilGyffWE--JE-v-l_ga-Sw--lWN--WS--lS_Ju-U._-'-TrT-nH-H-E_sC--_BOtS-E-Tj-SH^-SE-jj-MCo-Ef--A-T-SHtUEjHo1EJjUSHEHKG6TAFsTTuJOrTU.Sji'=' -^j'fACEOftHEIXWG.j;: LIMITED WARRANTY ON MIDAS BRAKE SHOES AND PADS YOUR NEW UiDAS BftAXE SHOES ANDDISCBRAKEPADS *F WARRANTED *'ctiihftiwif rj^M^chwACMkie IiKsf^oNu^-w^ Wia BE INSTALLED. UPON PRESENTATION OF TMS C57PRCATE, BY AW .'.MIDAS MUFFLER SHOP NTHE UNITED SPATES OfFCANApA HAVING A BRAKE C ^DEPARTMENT. WTTHOUT GH/W3E FOR iWE BRAKE BHOES WtOCR ttSC'TiSoRY .JSRAKEPADSORTHELA^REQUJCTTOWSTAU.WEM...v.-->,> . *5*^6h|r ^^HISWARRA^^7YDOESN6TCOVEHTHe^r,^:^rr**r,'^rTW*,fc,1, Hn*e>rkieuTe ' '-AND LABOR REQUIRED 70 RESTORE .. 'OPERATION THE MIDAS MUFFLERS TEW TO ITS PROPER OPERATION. F Y YOU WULficCEIVE N0N4NSTAJXED. DISC BRAKE PADS. - . - - 8~ErfBuBnERCQ-`*^: MAR 007204