Applicable to the Ulthera System Rental and Transducer Purchase Program. Upon Customer’s execution of this Agreement and payment of the initial System rental fee and Transducer order (which may be made via credit card payment to Merz or through a third-party financing company), Merz will ship the System to the Customer location set forth in the rental agreement portion of this Agreement. Customer shall obtain Xxxx’x prior written permission before moving the System to any other location. The System is being provided to Customer as a lease; Merz continues to own the System. During the rental term, Customer shall be responsible for: (a) ensuring that the System is used under the supervision of an appropriately licensed physician and in accordance with the Ulthera Instructions for Use and User Manual and all applicable laws and regulations; and (b) all risk of loss or destruction of or damage to the System. Merz may, but need not, file UCC financing statements to give public notice of Xxxx’x ownership of the System. Customer shall not allow access to the System by third parties or remove any asset or ownership tags or stickers from the System. Customer shall not pledge or encumber the System, permit any lien or other encumbrance against the System, or make any representation to any third party which is inconsistent with Xxxx’x ownership.
Appears in 5 contracts
Samples: Purchase/Rental Agreement, Purchase/Rental Agreement, Purchase/Rental Agreement
Applicable to the Ulthera System Rental and Transducer Purchase Program. Upon Customer’s execution of this Agreement and payment of the initial System rental fee and initial Transducer order (which may be made via credit card payment to Merz Xxxx or through a third-party financing company), Merz will Xxxx shall ship the System to the Customer location set forth in the rental agreement portion of this Agreementagreement. Customer shall obtain Xxxx’x prior written permission before moving the System to any other location. The System is being provided to Customer as a lease; Merz Xxxx continues to own the System. During the rental term, Customer shall be responsible for: (a) ensuring that the System is used under the supervision of an appropriately licensed physician and in accordance with the Ulthera Instructions for Use and User Manual and all applicable laws and regulations; and (b) all risk of loss or destruction of or damage to the System. Merz Xxxx may, but need not, file UCC financing statements to give public notice of Xxxx’x ownership of the System. Customer shall not allow access to the System by third parties parties, or remove any asset or ownership tags or stickers from the System. Customer shall not pledge or encumber the System, permit any lien or other encumbrance against the System, or make any representation to any third party which is inconsistent with Xxxx’x ownership.
Appears in 2 contracts
Samples: Purchase Agreement, Sales Contracts
Applicable to the Ulthera System Rental and Transducer Purchase Program. Upon Customer’s execution of this Agreement and payment of the initial System rental fee and Transducer order (which may be made via credit card payment to Merz Xxxx or through a third-party financing company), Merz Xxxx will ship the System to the Customer location set forth in the rental agreement portion of this Agreement. Customer shall obtain Xxxx’x prior written permission before moving the System to any other location. The System is being provided to Customer as a lease; Merz Xxxx continues to own the System. During the rental term, Customer shall be responsible for: (a) ensuring that the System is used under the supervision of an appropriately licensed physician and in accordance with the Ulthera Instructions for Use and User Manual and all applicable laws and regulations; and (b) all risk of loss or destruction of or damage to the System. Merz Xxxx may, but need not, file UCC financing statements to give public notice of Xxxx’x ownership of the System. Customer shall not allow access to the System by third parties or remove any asset or ownership tags or stickers from the System. Customer shall not pledge or encumber the System, permit any lien or other encumbrance against the System, or make any representation to any third party which is inconsistent with Xxxx’x ownership.
Appears in 1 contract
Samples: Purchase/Rental Agreement