Common use of Merchantability Clause in Contracts

Merchantability. NSI warrants that Introductory Kits it may sell to NSUSA pursuant to this Agreement will be merchantable and of sufficient quality for sales within the Territory. If NSUSA determines that certain Introductory 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 Introductory Kits are received in the Territory. NSI agrees to refund, or credit the account of NSUSA, for the purchase price of such non-merchantable Introductory Kits.