1. Legal Information and Scope of Application
1.1. Recitals
AZOTH SYSTEMS, hereinafter referred to as the “Service Provider” or the “Seller”, has specialised for many years in providing diving safety services.
The company offers tailor-made programs to support industrial groups and businesses that deploy divers and wish to optimise their performance in matters of safety.
AZOTH SYSTEMS also meets the needs of divers by developing O’DIVE, a patented technological innovation based on professional practices and many years of research in the field of development and validation of diving procedures.
O’DIVE consists of an acoustic sensor connected to a personalised application allowing divers to objectify their choices of procedures and to optimise their practice taking into account gas microbubbles detected in the venous system after diving.
1.2. Definitions
- “Access”: services that provide access to the Service hosted by Service Provider.
1.3. Legal information
AZOTH SYSTEMS, a société par actions simplifiée with a share capital of EUR 290,124.00, having its registered office at 93 Forum de la Méditerranée, 83190 Ollioules, France, registered with the Toulon Trade and Companies Register since 18th August 2008 under number 507 719 698, represented for the purposes hereof by its current Chief Executive Officer Axel Barbaud, acting in this capacity and duly authorised, hereinafter referred to as “AZOTH SYSTEMS” or the “Seller”.
1.4. Scope of application
- To any order, purchase or any other means allowing to obtain the following:
- O’DIVE sensor and customised measurement packs provided directly via the AZOTH SYSTEMS sales platform; and
- O’DIVE sensor through a reseller.
- To Buyer’s Account and upon creation thereof;
- To Use of the O’DIVE sensor and of the Service as set out in these Terms and Conditions and in the terms of use attached hereto;
- To loading and/or use of User Data and/or to access to such User Data.
Any order of products or of the Service implies Buyer’s unreserved acceptance of and full adherence to these Terms and Conditions of Sale, it being further specified that such Terms and Conditions of Sale shall prevail over any of Buyer’s other documents, including over any terms and conditions of sale, unless expressly agreed to otherwise by AZOTH SYSTEMS.
Any document other than these terms and conditions of sale, including catalogs, prospectuses, advertisements, leaflets, are provided for guidance and information purposes only and are non-contractual.
These Terms and Conditions of Sale are provided to any Customer who so requests, to allow them to place an order with AZOTH SYSTEMS
They are available on the website: https://o-dive.com and shall prevail, where necessary, over any other version or any other contradictory document.
2. Pre-contractual Information
Buyer acknowledges having been provided with these Terms and Conditions of Sale in a clear and legible form prior to placing the order and entering into the agreement, along with all the information set out under Article L.221-5 of the French Consumer Code.
The following information is provided to Buyer in a clear and comprehensible manner:
- the essential characteristics of the good or of the service;
- the price of the good or of the service;
- the method for calculating the price and, where applicable, all of the additional transportation, delivery or postage costs, as well as any other potential costs.
3. Information on the Products and Services
The products governed by these terms and conditions are those set out on Seller’s website or on the reseller’s website and that are stated as sold and shipped by Seller. The products are offered for sale within the limits of available stock.
The products are described and presented with the utmost accuracy. If, however, errors or omissions have been made with respect to such presentation, Seller may not be held liable.
Photographs of the products are non-contractual.
4. Orders
Buyers may place their orders online, directly from the online catalogue and using the form available, for any product, within the limits of available stock.
Should a product ordered be unavailable, Buyer shall be informed thereof by email.
For an order to be confirmed, Buyer shall be required to accept these terms and conditions by clicking where indicated. Buyer shall also be required to select an address and a shipping method, and finally to confirm the means of payment.
The sale shall be deemed final:
- once Seller has sent an email to Buyer confirming acceptance of the order;
- and once Seller has received the purchase price in full.
Any order shall constitute acceptance of the prices and descriptions of the products available for sale. Any dispute on this point shall occur in the context of a possible exchange and guarantees listed below. AZOTH SYSTEMS shall confirm your order by sending a confirmation.
In certain cases, including payment default, incorrect address or any other issue with Buyer’s account, Seller reserves the right to block Buyer’s order until such issue has been resolved.
Cancellation of the ordered Product and where applicable its refund shall ensue, and the remaining part of the order shall be considered firm and final.
Any questions regarding the follow-up of an order can be addressed by User to the following email address: contact@azoth-systems.com.
5. Delivery
AZOTH SYSTEMS undertakes to provide its best efforts to deliver the ordered Product within 30 days following acceptance of the order. The risk of loss of and damage to a product shall pass to Buyer upon delivery of the product.
Products shall be delivered to Buyer’s delivery address. Services shall be available for download as per the links provided on the AZOTH SYSTEMS website.
In the event that Buyer is not able to take delivery of the Product at the time of delivery, AZOTH SYSTEMS reserves the right to terminate the agreement or to charge reasonable costs for storing the product until delivery can occur.
Should delivery not occur for reasons beyond AZOTH SYSTEMS’ control, Seller reserves the right to terminate the agreement and to refund amounts already paid.
If at the moment of delivery, the original packaging is damaged, torn, open, Buyer shall be required to check the condition of the articles. Should they be damaged, it is imperative for Buyer to refuse the parcel and write a reservation on the delivery slip (parcel refused due to being open or damaged).
Buyer shall make such handwritten and signed reservations on the delivery slip, indicating any anomaly with the delivery (damages, missing product as compared with the delivery order, damaged packaging, broken products…)
Such inspection is considered to have been carried out once Buyer, or a person authorised thereby, has signed the delivery order.
Should the products need to be sent back to Seller, Buyer shall have to send a request to do so to Seller within 14 days of delivery.
No claim made after this period shall be accepted. The return of products can be accepted only for products provided in their original condition (packaging, accessories, leaflet…) for resale in their unused condition, accompanied by the purchase invoice.
Deliveries outside of France and in the overseas departments, regions and collectivities are carried out by transporters listed on the online store. Such a shipping method is not considered to be a standard shipping.
Shipping costs are borne exclusively by Buyer and vary depending upon the shipping location selected by Buyer.
Defects and deteriorations of the delivered products caused by abnormal storage and/or preservation conditions at Buyer’s, including in the event of an accident of any nature, shall not give rise to the warranty required of AZOTH SYSTEMS.
6. Order Cancellation Rights
Buyer may cancel its order during a limited period following the date of purchase.
For Products purchased on the AZOTH SYSTEMS online store, Buyer has a period of 14 days as of the date of delivery to the delivery address to cancel its order. AZOTH SYSTEMS shall refund the price of purchase and the initial delivery costs effectively paid (excluding additional costs resulting from Buyer having chosen a more expensive shipping method than standard shipping). AZOTH SYSTEMS shall issue such refund via the original method of payment, unless expressly agreed otherwise with the Buyer.
In the event that Buyer withdraws its order, delivery costs shall not qualify for a refund should a non-standard shipping method have been selected, in particular in case of delivery outside of France.
Buyer shall inspect the purchased products at the time of delivery or make such arrangements as may be necessary for such inspection to occur at that time, or at least as soon as possible thereafter, and in any event, no more than 14 days following delivery. In this respect, Buyer shall check that the products meet the contractual conditions or the order, that is to say: (i) that the correct products have been delivered; (ii) that the quantity is that stipulated in the contract, and (iii) that the delivered products are consistent with the agreed quality standards or, in the absence of any such agreement, that they meet the requirements of normal commercial use.
If defects are found, Buyer shall inform AZOTH SYSTEMS in writing, specifying the nature and type of the claim, in accordance with the provisions of the agreement.
In the event that Buyer decides to cancel the purchase agreement and to send the Product back to AZOTH SYSTEMS, Buyer shall be liable for any deterioration of the Product likely to affect its value and resulting from a form of handling that exceeds the scope necessary to establish the nature, features and operation of the Product.
Buyer shall bear costs of shipping or postage to return the Product.
For Services and applications obtained via AZOTH SYSTEMS or through a reseller, Buyer agrees that execution of the applications or services obtained shall occur immediately after download of the application or of the service. Buyer waivers its right to cancellation once such execution has occurred.
Claims are to be sent by email to AZOTH SYSTEMS at the following address: contact@azoth-systems.com.
7. Electronic Signature
Buyer’s online disclosure of its credit card details and final confirmation of the order shall constitute proof of Buyer’s acceptance of the following:
- requirement to pay all amounts owed under the purchase order,
- signature and express acceptance of all operations carried out.
In case of fraudulent use of its credit card, Buyer is invited, as soon as such a finding has been made, to write to the following email address: contact@azoth-systems.com.
8. Price, Payment and Proof of Transaction
8.1. Price
All of the prices stated by AZOTH SYSTEMS are denominated in Euro (unless specified otherwise), exclusive of VAT and other sales taxes, costs and incidental expenses. Prices as stated do not include shipping costs, which are added on and indicated to Buyer prior to order confirmation.
If one or several taxes or contributions, including environmental, should be created or modified, whether increased or decreased, such a change may be reflected in the product’s selling price.
Seller reserves the right to adjust its prices at any time but commits to applying the prices in force as indicated at the time of placing the order, subject to availability at that date.
8.2. Payment
Full payment of the prices offered by AZOTH SYSTEMS shall be made in EUR (unless expressly stated otherwise in writing) within the timeframe agreed upon at the time of placing the order.
Prices are payable in full in a single instalment upon placing the order for the purchase of Products sold by AZOTH SYSTEMS, in accordance with the terms offered on the website.
8.3. Proof of Transaction
The electronic files stored under reasonably secure conditions in Seller’s information technology systems shall be considered as proof of the communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.
8.4. Methods of Payment
Orders give rise to a payment obligation, which means that placing an order implies payment by Buyer.
To settle the order, Buyer has the choice of all the methods of payment provided by Seller and listed on Seller’s website. Buyer warrants to Seller that it has all such authorisations as may be required to use the method of payment selected by it upon validating the purchase order. Seller reserves the right to suspend the processing of any order or of any delivery in the event of a payment authorisation refusal by officially accredited organisations, or in the event of non-payment. In particular, Seller reserves the right to refuse to execute a delivery or to honour an order placed by a buyer who has not proceeded with full or partial payment for a previous order or with whom a dispute relating to payment may be ongoing. Seller has put into place an order verification procedure to ensure that no person may use the bank details of another person unbeknownst to them.
In the context of this verification, Buyer may be requested to send by fax to Seller proof of identity and proof of residence. The order shall then only be confirmed upon Seller receiving and verifying the documents sent.
9. Warranties
9.1. Service Warranty
To the fullest extent permitted by law, Service Provider disclaims warranty of any kind with respect to the Service, either implied or expressed, including but not limited to any implied warranty of merchantability and fitness of the Service for a particular purpose. Service Provider makes no warranty as to the results of the Service and is only bound by an obligation of means. Service Provider does not warrant that the Service functionalities shall meet Buyer’s requirements. The parties acknowledge that a software may contain errors and that all errors are not economically rectifiable or that it is not always necessary to correct them. As such, Service Provider does not warrant that all of the deficiencies or errors contained in the Applications shall be corrected.
The provisions set out in this clause shall be without prejudice to the rights conferred upon Buyer by the mandatory provisions of applicable national law, including but not limited to all mandatory legal guarantees. The invalidity or unenforceability of any provision of this warranty, where applicable, shall not affect the validity or enforceability of the remaining provisions of this warranty, which shall remain in full force and effect.
9.2. O’DIVE Warranty
In the context of the Service described herein, a control and measurement device is granted to Customer.
9.2.1. Warranty applicable to O’DIVE
For the O’DIVE sensor, AZOTH SYSTEMS grants a limited warranty against manufacturing defects and hardware failures under normal conditions of use. This warranty shall apply for 2 (two) years as of the date of purchase of the device or, in the event of Buyer’s breach of these terms and conditions or of the Terms of Use, for the period running from the date of purchase to the date of the breach, whichever is the shorter period.
During that period, the O’DIVE sensor shall, at the discretion of AZOTH SYSTEMS, either be repaired or replaced by AZOTH SYSTEMS, without charge for the spare parts. Moreover, AZOTH SYSTEMS shall bear the cost of transportation and/or shipping with respect to such repair or replacement. In the event that the O’DIVE sensor is repaired after expiry of the aforementioned warranty period, the warranty period for the repair shall expire six (6) months after the date of repair. This limited warranty may not be granted without the consent of AZOTH SYSTEMS.
The O’DIVE sensor may be incompatible and not function with certain individuals depending on their body shape. Should that be the case, AZOTH SYSTEMS shall have thirty (30) days to refund the subscription and device acquired by Customer, unless one of the warranty exclusion clauses set out herein applies.
9.2.2. Warranty disclaimer
This limited warranty does not cover damages due to normal wear and tear or to the O’DIVE sensor being opened or repaired by a person that has not been authorised by AZOTH SYSTEMS. Similarly, are not covered any damages caused by: misuse, proximity or exposure to heat, accidents, abusive use, non-compliance with the instructions provided with the device, acts of negligence or improper application. Damages caused to the surface of the device are also not covered by this limited warranty.
In addition, the warranty referred to in Article 9.2 hereof shall not cover Services, Application, Contributive Data or Third Party Content that may accompany the device.
This limited warranty does not cover the installation, removal or maintenance of the device, nor any of the costs relating thereto.
10. Product Availability
Service Provider does not guarantee the availability of Products on the Online Store.
Save for those orders that have already been accepted, Service Provider reserves the right to change, discontinue or cease the sale of any Product, without its liability being incurred and without prior notification.
11. Data and Intellectual Property
11.1. Data
Personal data provided by Buyer is necessary to process Buyer’s order and draw up invoices.
Such data may be disclosed to Seller’s partners responsible for the fulfillment, processing, management and payment of orders.
The processing of information collected through the https://o-dive.com website has been declared to CNIL.
In accordance with the provisions of Article 34 of the French law dated 6th January 1978 relating to information technology, data files and civil liberties, AZOTH SYSTEMS takes all precautions to preserve Buyer’s data security, in particular to prevent such data being disclosed to non-authorised third parties.
In accordance with the provisions of Articles 38, 39 and 40 of the French law dated 6th January 1978 relating to information technology, data files and civil liberties, as amended, data collected on the Service is processed by AZOTH SYSTEMS. Buyer has the right to access, correct and oppose data processing relating to it and may exercise such right by writing by mail or email to (a copy of Buyer’s ID is required):
AZOTH SYSTEMS – Technopole de la mer – 93, Forum de la méditerranée – 83190 Ollioules – France or
contact@azoth-systems.com.
Collected information is exclusively intended for AZOTH SYSTEMS in order to allow Customer to use the Service defined hereunder and subject to the terms of use. AZOTH SYSTEMS warrants that Buyer’s data shall not be used for commercial solicitation purposes without Buyer’s prior agreement. Should Buyer agree to commercial solicitations, AZOTH SYSTEMS warrants to Customer the right to oppose such solicitations a posteriori.
Buyer is informed and accepts that Service Provider can access its Data and provide disclosure thereof should a requisition be made by any legal or administrative authority empowered to access such Data. Unless prevented from doing so by the requisition, Service Provider undertakes to inform Buyer immediately of the existence of the requisition and the Data that has been provided.
Buyer acknowledges that Service Provider has no control over the transfer of Data via public telecommunication networks used by Buyer to access the Services, and in particular the Internet network. Buyer acknowledges and accepts that Service Provider cannot guarantee the Data’s confidentiality when such Data is being transferred on the aforementioned public networks. Consequently, Service Provider shall under no circumstances be held liable in the event of misuse, capture, corruption of Data, or for any other event likely to affect such Data and having occurred upon its transfer on public telecommunication networks. For the purposes of this clause, the term Data shall include Sensitive Data and Personal Data that may fall under the scope of Buyer’s use of the Service.
11.2. Intellectual Property
The contents of the website (technical documentation, drawings, photographs etc.) remain the property of Seller, and the latter holds exclusive intellectual property rights with respect thereto.
Buyers undertake to make no use of this content; reproduction in whole or in part of this content is strictly prohibited and may constitute an offence of infringement of copyright.
12. Liability and Force Majeure
12.1. Liability
To the fullest extent permitted by applicable law, neither AZOTH SYSTEMS nor its suppliers, subcontractors, affiliates, directors, officers, employees or agents shall be liable to Buyer or any other third party in the event of any direct, special, incidental, indirect or consequential damages (including but not limited to in the event of damages linked to inability to use the Products or have access thereto, data loss, loss of business, missing income, business interruption or any other similar damages) arising from or related to the following:
- i. use of the Products, Services, Apps, User Data, Contributive Data or Third Party Content, or conversely the inability to use them or have access thereto, or any other execution thereof, including in such cases where AZOTH SYSTEMS had been informed of the possibility of such damages; or
- ii. your conduct or that of other users (whether online or not), or any Contributive Data, including in such cases where AZOTH SYSTEMS had been informed of the possibility of such damages. Buyer assumes full responsibility of its use of the Services, Apps, User Data and Contributive Data ; or
- iii. any fraudulent statement by users of the Services, Apps; or
- iv. any breach of the provisions contained herein;
- v. any violation of any law or of any third party rights.
In any event, should AZOTH SYSTEMS be found liable to Buyer for any damages relating to use of the products and services, the liability of AZOTH SYSTEMS, in the event of damages affecting the Buyer, for any reason and regardless of the form of action invoked or held against AZOTH SYSTEMS, for any and all losses, is expressly limited and may in no case exceed a lump amount equal to a six-month subscription.
This limitation of damages shall not apply in the event of willful misrepresentation, gross negligence or counterfeiting by either one of the Parties within the framework of the order.
Under no circumstances shall Service Provider be found liable in the event of the following:
- use of the Service in a manner that was not provided for in the terms of use or use of the Service that was not expressly authorised herein;
- modification of all or part of the Applications or information available via the Service that was not carried out by Service Provider or by one the Authorised Services Providers appointed thereby; or
- use of all or part of the Service despite Service Provider having recommended, further to a difficulty or for any other reason, to suspend its use;
- use of the Service in an environment or with a configuration that does not comply with Service Provider’s technical prerequisites, or in conjunction with programs or third party data that have not been expressly endorsed by Service Provider;
- loss of Buyer’s data upon the intervention of Service Provider or a third party service provider appointed by Buyer or by Service Provider in such cases where Buyer did not take the precaution of saving its data prior to the intervention when so requested;
- any damage resulting from an error or negligence committed by Buyer, or that Buyer could have avoided by requesting Service Provider’s advice;
- use in conjunction with the Service of programs that have not been provided nor endorsed by Service Provider and that are likely to affect the Service or Buyer’s Data.
12.2. Force majeure
Neither party shall be liable for breach of its contractual obligations resulting from a case of force majeure, as such term is usually defined by the case-law of French courts.
First, the subscription shall be suspended for a period of one month.
Should the case of force majeure exceed one month, the contractual relationship may be terminated by either party at any time by registered letter with acknowledgement of receipt sent to the other party, without notice nor compensation for either party.
Events considered as force majeure, other than those usually considered as such by case-law in France, include: wars, civil unrest (strikes or lock-outs), acts of terrorism, extreme weather, epidemics, earthquakes, floods, water damage, fires, blockades affecting means of communication, transport or supply (including telecommunication networks) etc.
The party invoking a case of force majeure shall inform the other party as soon as possible by registered letter with acknowledgement of receipt. This letter shall include a brief description of the event presenting the characteristics of force majeure as well as an estimation of its duration and shall further inform the other party of the foreseeable consequences of such force majeure on the performance of the agreement.
Each party undertakes to take all measures necessary to limit the adverse impact of the force majeure on the other party.
13. Claims, Termination and Right of Withdrawal
13.1. Termination at the initiative of AZOTH SYSTEMS
AZOTH SYSTEMS has a unilateral termination right, which it can exercise by sending a registered letter with acknowledgement of receipt, subject to one month’s prior notice.
In addition, AZOTH SYSTEMS has the right to suspend or terminate, without prior notice or possibility of appeal to the relevant jurisdictions, Buyer’s subscription to the Service following a fraud or breach of an obligation arising out of these Terms and Conditions or of the Terms of Use, including but not limited to the impossibility to debit the amount owed by Buyer for the subscription on the agreed date, or any violation of the limited rights of use that are granted within the framework of Customer’s access to the Service.
13.2. Termination at the Initiative of User
The termination conditions of the subscription taken out by User are set out in the Terms and Conditions of Use relating to the AZOTH SYSTEMS services.
13.3. Right of Withdrawal
In accordance with legal provisions in force, Customers who expressly fulfill the conditions laid down in Article L.221-8 of the French Consumer Code have a period of 14 (fourteen) days as of the Product being delivered to exercise their right of withdrawal vis-à-vis the Seller, without having to justify reasons nor pay penalties, for the purposes of an exchange or a refund, subject to the Products being returned in their original packaging and in perfect condition within 14 (fourteen) days as of Seller receiving notification of Customer’s decision to withdraw.
Returns are to be made in their original condition and in full (packaging, accessories, leaflet…) for resale in their unused condition, accompanied by the purchase invoice.
Products that are returned incomplete, damaged or dirty will not be taken back
Such right of withdrawal can be exercised online, using the withdrawal form available on the website, in which case an acknowledgement of receipt on a durable medium shall immediately be sent to Customer by Seller, or by any other statement expressing unambiguously Buyer’s intention to withdraw.
Should a right of withdrawal be exercised in the aforementioned timeframe, only the price of the Product(s) purchased and the delivery costs shall be refunded; return costs are borne by Customer.
Exchanges (subject to availability) and refunds shall be carried out within 14 (fourteen) days as of Seller receiving the Products sent back by Customer under the conditions set out in this Article.
13.4. Exception to Right of Withdrawal
In accordance with the provisions of Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised in the case of supply of services agreements that are immediately enforceable and for agreements pertaining to the supply of goods that have been unsealed by the consumer further to delivery and cannot be sent back on the grounds of health protection and hygiene.
14. Miscellaneous
14.1. Transfer
AZOTH SYSTEMS may transfer its rights and obligations hereunder to any company, organisation or person at any time as long as such transfer does not significantly affect Buyer’s rights.
Buyer cannot transfer its rights and obligations hereunder without the prior written consent of AZOTH SYSTEMS.
14.2. Applicable Law
These Conditions and the order contract shall be governed by French law with respect to all provisions and consequences.
In the event of a dispute that cannot be resolved amicably, the competent court shall be that of the place of residence of the defendant. If, however, the proceedings are brought by Buyer, the latter has the possibility of doing so in the court of its place of residence, providing such place of residence is in France.
The Parties elect domicile at the addresses set out in the order contract and notifications shall be sent thereto, save in the case of change of address, which shall be notified to all other parties as soon as practicable. In case of change of address, any notification sent to the addresses set out in the contract or to the latest address for which notification was made shall be deemed valid, unless demonstrated that the party having sent the notification was aware of the effective address of the party to whom such notification was sent.
14.3. Entire Agreement
If one or more provisions of the Terms and Conditions of Use are found to be null and void or invalid under any rule of law or regulation or as a result of a legal or regulatory decision that is final, all other provisions shall remain fully in effect.
AZOTH SYSTEMS shall make its best efforts to substitute for such provision a valid provision that most closely approximates the intent of these terms and conditions.
No failure by either party to require the application of any clause contained herein, whether temporarily or permanently, may be construed as a waiver thereof.
These Terms and Conditions and any other document expressly referred to herein constitute the entire agreement between AZOTH SYSTEMS and Buyer and supersede all previous exchanges, correspondence and negotiations relating to the subject matter hereof.
Headings and sub-headings contained herein are for ease of reference only. The parties expressly agree that such headings and sub-headings shall not affect the interpretation of any provision contained herein.
14.4. Pre-contractual Information – Customer Acceptance
Customer acknowledges having been provided with these Terms and Conditions of Sale in a legible and understandable form prior to placing the order and entering into the agreement along with all the information set out under Article L.221-5 of the French Consumer Code, including the following information:
- the Product’s essential characteristics, taking into consideration the communication medium used and the Product concerned;
- the price of Products and of related costs (delivery, for example);
- in the absence of immediate implementation of the contract, the date or timeframe within which Seller undertakes to deliver the Product;
- information relating to Seller’s identity, its telephone, post and electronic contact details, and its activities, if not already apparent from the context,
- information relating to the legal and contractual warranties and the practicalities of their implementation;
- the functionalities of the digital content and, where applicable, its interoperability,
- the possible to have recourse to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, timeframe, ways in which such rights can be exercised and standard withdrawal form), to the cost for returning the Products, to the terms governing termination and other important contractual conditions;
- accepted methods of payment.
Customer expressly acknowledges that any order by a natural or legal person on the AZOTH SYSTEMS website shall imply unreserved acceptance of and full adherence to these Terms and Conditions of Sale, and the obligation to pay the ordered Products. Customer relinquishes the right to use any contradictory document, which would be unenforceable against Seller.