Common use of Sale of Products Clause in Contracts

Sale of Products. Subject to these Terms and Conditions, Neuronetics hereby agrees to sell to Customer, and Customer hereby agrees to purchase from Neuronetics, all Products set forth on the Sales Order. Except for the initial Sales Order (which is included as part of this Agreement), Customer may purchase additional Products under this Agreement by submitting a sales order in the form attached as Appendix B (or by such other written, telephonic, or other ordering method approved by Neuronetics in its sole discretion) to Neuronetics. Customer orders for Products are not binding until accepted by Neuronetics in writing. Upon Neuronetics acceptance of such order, Neuronetics will generate and send Customer an order confirmation prior to or contemporaneously with delivery of the Products ordered thereunder (each an “Order Confirmation”). CUSTOMER EXPRESSLY AGREES THAT NEURONETICS’ THEN-CURRENT TERMS AND CONDITIONS OF SALE ARE EXPRESSLY INCORPORATED BY REFERENCE INTO THE ORDER CONFIRMATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT TERMS AND CONDITIONS OF NEURONETICS, THE SUBSEQUENT TERMS AND CONDITIONS SHALL GOVERN WITH RESPECT TO THE PRODUCTS COVERED BY THE APPLICABLE ORDER CONFIRMATION. Neuronetics maintains its current terms and conditions on xxxx://xxxxxxxxx.xxx/tc and a hard copy is available to Customer upon written request therefor. Products provided under this Agreement are new unless otherwise indicated on the Sales Order. Products may, however, contain components that have previously been used and, where previously used components are used, the Neuronetics‌ Products shall meet or exceed Neuronetics’ specifications for newly manufactured products.

Sale of Products. Subject to these Terms and Conditions, Neuronetics hereby agrees to sell to Customer, and Customer hereby agrees to purchase from Neuronetics, all Products set forth on the Sales Order. Except for the initial Sales Order (which is included as part of this Agreement), Customer may purchase additional Products under this Agreement by submitting a sales order in the form attached as Appendix B (or by such other written, telephonic, or other ordering method approved by Neuronetics in its sole discretion) to Neuronetics. Customer orders for Products are not binding until accepted by Neuronetics in writing. Upon Neuronetics acceptance of such order, Neuronetics will generate and send Customer an order confirmation prior to or contemporaneously with delivery of the Products ordered thereunder (each an “Order Confirmation”). CUSTOMER EXPRESSLY AGREES THAT NEURONETICS’ THEN-CURRENT TERMS AND CONDITIONS OF SALE ARE EXPRESSLY INCORPORATED BY REFERENCE INTO THE ORDER CONFIRMATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT TERMS AND CONDITIONS OF NEURONETICS, THE SUBSEQUENT TERMS AND CONDITIONS SHALL GOVERN WITH RESPECT TO THE PRODUCTS COVERED BY THE APPLICABLE ORDER CONFIRMATION. Neuronetics maintains its current terms and conditions on xxxx://xxxxxxxxx.xxx/tc and a hard copy is available to Customer upon written request therefor. Products provided under this Agreement are new unless otherwise indicated on the Sales Order. Products may, however, contain components that have previously been used and, where previously used components are used, the Neuronetics‌ Neuronetics Products shall meet or exceed Neuronetics’ specifications for newly manufactured products.