Common use of Merchantability Clause in Contracts

Merchantability. NSI warrants that Starter Kits sold to NSJ --------------- pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSJ determines that certain Starter Kits supplied under this Agreement are not merchantable, a claim for a refund of the price paid can be made within 45 days from the day the Starter Kits are received in the Territory. NSI agrees to refund, or credit the account of NSJ, for the purchase price of such non-merchantable Starter Kits.

Merchantability. NSI warrants that Starter Kits sold to NSJ NSK pursuant --------------- pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSJ NSK determines that certain Starter Kits supplied under this Agreement are not merchantable, a claim for a refund of the price paid can be made within 45 days from the day the Starter Kits are received in the Territory. NSI agrees to refund, or credit the account of NSJNSK for, for the purchase price of such non-merchantable Starter Kits.