Essential Basis of the Bargain. Customer acknowledges that Merz has set its Product prices and entered into the Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and Customer’s indemnity obligations set forth herein, that the same form an essential basis of the bargain between the Parties, and THAT THE CONSIDERATION WOULD BE HIGHER IF MERZ WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
Appears in 6 contracts
Samples: Vendor and Supplier Contracts, Purchase Agreement, Sales Agreement
Essential Basis of the Bargain. Customer acknowledges that Merz has set its Product prices and entered into the Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and Customer’s indemnity obligations set forth herein, that the same form an essential basis of the bargain between the Parties, and THAT THE CONSIDERATION WOULD BE HIGHER IF MERZ XXXX WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
Appears in 2 contracts
Samples: Terms and Conditions, Sales Contracts
Essential Basis of the Bargain. Customer acknowledges that Merz has set its Product prices and entered into the Agreement in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and Customer’s indemnity obligations set forth herein, that the same form an essential basis of the bargain between the Parties, and THAT THE CONSIDERATION WOULD BE HIGHER IF MERZ WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.bargain
Appears in 1 contract
Samples: Purchase Agreement
