Common use of If Customer Is Receiving Third-Party Product(s) as Part of a Package Deal Clause in Contracts

If Customer Is Receiving Third-Party Product(s) as Part of a Package Deal. If Customer’s Agreement include third-party products (e.g., aesthetic lasers, radiofrequency microneedling devices, nitrous oxide systems, cold air chilling devices, or other third-party products), Customer acknowledges and agrees as follows: Third-party products are purchases directly from, and sales directly by, the third-party seller. Customer is not purchasing such products from Merz. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Merz makes no representations or warranties regarding any of the third-party products. No Merz Products have been cleared or approved for use in combination with any third-party products. Any and all third-party- product-related complaints or adverse event reports must be reported directly to the third- party seller. MERZ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND MERZ SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-related disputes relating to a third-party product.

If Customer Is Receiving Third-Party Product(s) as Part of a Package Deal. If Customer’s Agreement include third-party products (e.g., aesthetic lasers, radiofrequency microneedling devices, nitrous oxide systems, cold air chilling devices, or other third-party products), Customer acknowledges and agrees as follows: Third-party products are purchases directly from, and sales directly by, the third-party seller. Customer is not purchasing such products from Merz. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Merz makes no representations or warranties regarding any of the third-party products. No Merz Products have been cleared or approved for use in combination with any third-party products. Any and all third-party- party-product-related complaints or adverse event reports must be reported directly to the third- third-party seller. MERZ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND MERZ SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-product- related disputes relating to a third-party product.

If Customer Is Receiving Third-Party Product(s) as Part of a Package Deal. If Customer’s Agreement include third-party products (e.g., aesthetic lasers, radiofrequency microneedling devices, nitrous oxide systems, cold air chilling devices, or other third-party products), Customer acknowledges and agrees as follows: Third-party products are purchases directly from, and sales directly by, the third-party seller. Customer is not purchasing such products from MerzXxxx. Customer’s purchase, receipt, and use of the third-party products are subject to the applicable third-party seller’s terms and conditions of sale. If applicable, the third-party seller will contact Customer to arrange for training on the third-party products. Merz Xxxx makes no representations or warranties regarding any of the third-party products. No Merz Xxxx Products have been cleared or approved for use in combination with any third-party products. Any and all third-party- product-related complaints or adverse event reports must be reported directly to the third- party seller. MERZ XXXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND MERZ XXXX SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE THIRD-PARTY PRODUCTS. Customer shall seek remedy solely from the applicable third-party seller with respect to any and all contract-related and product-related disputes relating to a third-party product.