Common Contracts
2 similar null contracts
The above-referenced documents constitute the entire binding agreement (“Agreement”) between Customer and Merz North America, Inc. (“Merz”) relating to Customer’s purchase and/or use of the Ulthera System and Transducers, Neocutis® products, Radiesse®...North Carolina • November 2nd, 2023
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 of this Agreement. No additions, conditions, amendments, or modifications by Customer or any other person, whether oral or contained in any other documents submitted from Customer to Merz, will be binding on Merz, regardless of Merz’s failure to object or Merz’s shipment of Products, unless otherwise agreed to in writing and signed by Merz.
ContractNorth Carolina • May 7th, 2023
TABLE OF CONTENTS Section 1 – Agreement Section 2 – Product-Specific Payment Terms Section 3 – Delivery and Risk of Loss; Lead Times Section 4 – Inspection and Acceptance Section 5 – Changes to Products Section 6 – Use and Transfer of Products Section 7 – Product Training Section 8 – Ulthera System Limited Warranty and Ulthera System Service Contract (Only Applicable to Ulthera System Purchases); Ulthera Out-of-Warranty Service Section 9 – Limited Software License Section 10 – The Merz Advantage Loyalty Program Section 11 – The Merz Xperience+ Loyalty Program Section 12 – Separate Minimum Advertised Pricing Policies Section 13 – Reporting; Technical Complaints Handling Section 14 – Traceability Section 15 – Protected Health Information Section 16 – Merz Trademarks; Use of Promotional Materials Section 17 - Debarment Section 18 – Anti-Kickback Statute Section 19 – Foreign Corrupt Practices Act Section 20 – Disclaimer; Limitation of Liabilities Section 21 – Indemnity Section 22 – Essenti
