TERMS AND CONDITIONS OF SALE
Please read these terms and conditions of sale very carefully. The terms and conditions of sale are limited to those contained herein. Any additional or different terms in any forms delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products described in Pavati’s invoice or other Pavati documentation, customer agrees to be bound by and accepts these terms and conditions of sale unless customer and Pavati have signed a separate agreement, in which case the separate agreement will govern.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding contract between Customer and Pavati. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Pavati’s Website (the “Site”). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question. These Terms and Conditions of Sale constitute the entire agreement between Customer and Pavati relating to the Terms and Conditions of Sale of products on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in Pavati’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchases, places an order or otherwise shops at Pavati’s website.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer’s use of this site shall be filed only in the state or federal courts located in the State of Oregon, and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SHIPMENTS; RISK OF LOSS
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to Customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Pavati retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by Pavati were exported in accordance with the Export Administration Regulations. Diversion, use, export or reexport contrary to United States law is prohibited. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
The hull on all Pavati Boats are backed by our lifetime warranty. Other limited warranties are available. If you are purchasing a boat, please visit our warranty section on www.pavati.com for further information. ALL other items including but not limited to apparel, cool stuff, etc.. do not come with a warranty.
LIMITATION OF LIABILITY
In no event will Pavati or its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from products purchased by customer. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Pavati has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Pavati’s liability in such jurisdictions shall be limited to the extent permitted by law. Neither Pavati nor its affiliates will be liable for products not being available for use. Customer agrees that for any liability related to the purchase of products, neither Pavati nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) giving rise to the claim.
Pavati will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Boats can be extremely dangerous. Pavati has no control and assumes zero liability over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part or equipment. Please obey your local laws and consult knowledgeable sources for the latest information your local conditions if you are or have become unfamiliar with the waters. We assume no risk for the waters you choose to navigate.
Customer agrees to defend, indemnify, and hold harmless Pavati and its affiliates, or their respective officers, directors, employees, successors, or assigns from all liabilities, claims, and expenses, including attorney’s fees, that arise from Customer’s (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Pavati’s website. Pavati reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Pavati in asserting any available defenses.
PRICING INFORMATION; AVAILABILITY DISCLAIMER
All pricing is subject to change. Pavati reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to; changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Pavati cannot guarantee that it will be able to fulfill Customer’s orders at the time of order being placed. In the event of a purchased product not being available, a refund can be exchanged. (See Return Policy)
ACCOUNTS AND PASSWORDS
Customer is responsible for maintaining the confidentiality of Customer’s account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer’s account or password.
ORDERS; PAYMENT TERMS; INTEREST; TAXES
Orders are not binding upon Pavati until accepted by Pavati. Pavati reserves the right to refuse service to anyone. Terms of payment are within Pavati’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Pavati may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Pavati harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Pavati’s costs of collection, including court costs, filing fees and attorney’s fees.
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Pavati’s policy on returns and exchanges.