TERMS AND CONDITIONS OF PURCHASE AND USE - ULTHERA® AND CELLFINA®Terms and Conditions of Purchase • July 17th, 2019 • North Carolina
Contract Type FiledJuly 17th, 2019 JurisdictionAgreement: Customer’s sales agreement cover page, these Terms and Conditions of Purchase and Use, the limited warranty(ies) applicable to purchase of the Ulthera System and/or Cellfina System, 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 the Ulthera System and/or related disposables (collectively, “Products”). This Agreement supersedes all other agreements and understandings, whether written or oral, between the Parties. 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