Changes to Products. Merz may change the design, construction, or composition of the Products. In the event a significant change occurs after Customer’s order but prior to shipment, Merz shall notify Customer, and Customer shall be entitled to accept the changed Product, or to cancel this Agreement as to that Product only and receive a refund of any monies paid for that Product only. The foregoing shall be Customer’s sole and exclusive remedy for any Product changes prior to delivery, and Merz shall have no other liability whatsoever for any such changes.
Appears in 17 contracts
Sources: Purchase Agreement, Vendor and Supplier Contracts, Vendor and Supplier Contracts
Changes to Products. Merz may from time to time change the design, construction, design or composition construction of the Products. In the event a significant change occurs after Customer’s order but prior to shipment, Merz shall notify Customer, and Customer shall be entitled to accept the changed Product, or to cancel this Agreement as to that Product only and receive a refund of any monies paid for that Product only. The foregoing shall be Customer’s sole and exclusive remedy for any Product changes prior to delivery, and Merz shall have no other liability whatsoever for any such changes.
Appears in 9 contracts
Sources: Sales Agreement, Sales Contracts, Terms and Conditions of Purchase and Use