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)
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.
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
Applicable to All Products. Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Xxxx 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.
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
(1) Customer is responsible for use and administration of the Product; and (2) Merz will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such bill-to third party is delinquent with payment(s) or in the event that any such credit card is declined. If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to discontinue Products without prior notice or modify future Product purchase prices without notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances requested by Merz are received; (iv) declare all outstanding sums immediately due and payable; (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz; and/or (vi) suspend or terminate Customer’s eligibility for the Advantage Program (as defined in Section 10 hereof) or the Xperience+ Program (as defined in Section 11 hereof). Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
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 Xxxx. 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 Xxxx will act as Customer’s agent in
Applicable to All Products. Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Xxxx may provide to
(i) any Product-related limited warranties or service contacts in effect are automatically void, and Xxxx shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Xxxx may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Xxxx may refuse to sell future Products to Customer; and/or
Applicable to All Products. Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Xxxx may provide to Customer, are exclusively for Customer’s professional use with, or, in the
Applicable to All Products. Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Xxxx may provideto Customer, are exclusively for Customer’s professional use with Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online.
(i) any Product-related limited warranties in effect are automatically void; (ii) Xxxx may cancel or reduce the quantity of any current orders; (iii) Xxxx may refuse to sell future Products to Customer; and/or (iv) Xxxx may remove Customer from Xxxx’x physician finder portal.
