Applicable to All Products. All orders are subject to Xxxx’x credit approval of Customer. Applicable sales tax will be invoiced unless Customer supplies a valid tax- exempt certificate prior to Product delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales or rental agreement page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s)
Applicable to All Products. Orders may not be cancelled after shipment. In no event will promotional Product or expired Product be returnable or replaced by Merz. Shipping damage claims must be made by Customer directly with the shipping company in accordance with such company’s policies, which generally require such claims to be made prior to the time the carrier of the Products leaves the delivery destination. In the event of loss or damage in transit Customer’s payment obligations will not be affected, and Merz will act as Customer’s agent in making any necessary insurance claim. No acts on the part of Merz, including, but not limited to, Xxxx’x receipt of returned Products purchased by Customer, shall constitute Xxxx’x approval and acceptance of the returned purchased Products or cancelled purchase order.
Applicable to All Products. Merz documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz may provide to Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to Merz, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patients, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to Merz, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer’s use of Products other than those purchased directly from Merz, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this Article, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Merz may refuse to sell future Products to Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).
Applicable to All Products. All orders are subject to Xxxx’x credit approval of Customer. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to Product delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. If any portion of a Merz invoice is approved for return or otherwise not delivered, Customer remains responsible for paying the remainder of the invoice. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. Customer may specify a bill- to address which is different from Customer or a credit card which is different from Customer’s own credit card, but Customer agrees that:
