ContractNorth Carolina • August 28th, 2019
Jurisdiction FiledAugust 28th, 2019Agreement: Customer’s sales agreement cover page, these Terms and Conditions of Ulthera Transducer Program Purchase and Use, the Ulthera Limited Warranty, and the Product invoice(s) sent to Customer by Merz (collectively, this “Agreement”) constitute the entire binding agreement by and between the physician customer set forth on the cover page hereof (“Customer”) and Merz North America, Inc. (“Merz”; Customer and Merz, hereinafter, collectively, the “Parties”) regarding Customer’s purchase and use of Ulthera System transducers (hereinafter, the “Product(s)”). This Agreement supersedes all other agreements and understandings, whether written or oral, between the Parties relating to the purchase of the Products. Notwithstanding anything to the contrary, whether executing a purchase order, quotation, proposal, standing order, or letter of authorization, or by accepting delivery of the Products, Customer agrees to be bound by and accept the terms and conditions contained in this Agreement.
Agreement: Customer’s sales agreement cover page, these Terms and Conditions of Ulthera Purchase and Use, the Ulthera Limited Warranty, and the Product invoice(s) sent to Customer by Merz (collectively, this “Agreement”) constitute the entire binding...North Carolina • August 28th, 2019
Jurisdiction FiledAugust 28th, 2019Prices and Payment Terms: Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each Ulthera System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing.