Right of withdrawal
Product returns
The terms for product return are limited to those set forth in Seller return policies and procedures set forth on the Service Plus Retail IT GmbH website.
Warranties
Buyer understands that pavic-net is not the manufacturer of the products purchased by Buyer and the only warranties offered are those of the manufacturer, not Service Plus. In purchasing the product, Buyer is relying on the manufacturers specifications only and is not relying on any statements, specifications, or photographs representing the products that may be provided by Service Plus. Service Plus and its affiliates hereby expressly disclaim all warranties express or implied, related to products sold by third parties or affiliates of Service Plus, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not effect the terms of the manufacturers warranty, if any. Events of Default. Buyer shall be in default under this agreement upon the happening of any following events or conditions:
- Default by Buyer on payment of any installment, invoice, bill or any other indebtedness or obligation now or hereafter owned by Buyer to Seller under this agreement;
- Default in the performance of any obligation, covenant or liability contained in this agreement or any other agreement or document with Seller;
- Any inaccuracy warranty, representation or statement made or furnished by Buyer, and
- Dissolution, termination of existence, discontinuance of Buyers business, insolvency, business failure, or appointment of a receiver of any part of the property of, or assignment for the benefit of creditors by Buyer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Buyer or the attachment, levy, seizure or garnishment of any of Buyers property, rights, assets (contingent or otherwise) or the product.
Remedies of Seller. In General. Upon the occurrence of any event of default or at any time thereafter, Seller may, at its option an without further notice, exercise one or more of the following remedies as Seller in its sole discretion shall elect:
- Demand or, without demand, sue for amounts then due or thereafter accruing under any invoice, bill or other documentation evidencing indebtedness:
- Suspend deliveries as to any or all product:
- Take possession of the product whenever found and for this purpose enter upon any premises of Buyer and remove the product, without court order or other process of law, without any liability for damages, suit, action or other proceedings by the Buyer for such entry and/or removal:
- Cause Buyer, at its expense, to promptly return the product to Seller in good, like-new condition:
- Sell the goods, or any part thereof at public or private sale (for cash or credit) at such time or times as Seller shall determine, free and clear of any rights of Buyer, and if notice thereof is required by law, any notice in writing of any such sale by Seller to Buyer not less then ten days prior to the date thereof shall constitute reasonable notice thereof to Buyer:
- Exercise any rights accruing to Seller under any applicable contract or law upon a default by Buyer. Mitigation of Damages. Should Seller repossess any of the product because of a default by Buyer, Seller may make a commercially reasonable effort to sell product at a reasonable price to a third party, provided, however, that Seller shall have no obligation to actively seek out and solicit potential sellers and Buyers for said goods.
Collection Costs
In the event of any default on the part of Buyer hereunder, Buyer shall pay any and all collection costs, including reasonable attorneys fees incurred by Seller. Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to Seller by this agreement shall be exclusive of any other right or remedy herein or by contract or law provided, all rights or remedies conferred upon Seller by this agreement and by law shall be cumulative and in addition to every other right or remedy available to Seller. Time of the Essence. Time is of the essence of this agreement. Indemnification. The Buyer agrees to and shall indemnify, defend and hold harmless Seller, its employees and agents for and against all claims, lawsuits and losses from any third party using the product provides under this agreement. Any defense provided hereunder shall be by counsel of Sellers choice.
