Payment Plan Terms & Conditions
HawkGrips Payment Plans are available for USA domestic customers only.
This Payment Agreement is entered into by and between an online customer (CUSTOMER) checking out through our e-commerce website(s) at any HawkGrips affiliated website wherein customer chooses a payment plan as an option, and HawkGrips having its principal place of business located at 1495 Alanwood Rd. Conshohocken, PA 19428 (“HawkGrips”), both of whom agree to be bound by this Agreement.
WHEREAS, the CUSTOMER is personally responsible and owes HawkGrips the total amount of the purchase indicated in the e-commerce website checkout and receipt (the “Balance of Purchase”); and
WHEREAS, the CUSTOMER and HawkGrips desire to enter into an agreement whereby the CUSTOMER shall pay HawkGrips the sum of the Balance of Purchase on a payment plan according to the terms and conditions herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the CUSTOMER and HawkGrips (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
Balance of Purchase ACKNOWLEDGMENT. The CUSTOMER agrees and acknowledges that it owes HawkGrips an amount of money equal to the Balance of Purchase as defined above. Nothing in this Payment Agreement is a waiver of any amounts owed and in the event of any breach of this Agreement by the CUSTOMER, HawkGrips’ rights to the Balance of Purchase shall not be limited.
CUSTOMER REPRESENTATION AND WARRANTY. The CUSTOMER hereby represents and warrants that this Agreement and the payment plan herein has been developed in a manner that the CUSTOMER is confident it can pay HawkGrips.
PAYMENT PLAN. The Parties hereby agree to the payment plan consisting of a specified down paymentand the balance to be paid in equal monthly installments until paid in full (the “Payment Plan”). The monthly installment amount will be calculated by dividing the balance due by the monthly term chosen by the customer during the e-commerce checkout process. (3, 6, or 12 months). The CUSTOMER agrees to make the payments to HawkGrips associated with the terms described in the Payment Plan.
METHOD OF PAYMENT. Payments shall be made to HawkGrips in accordance with the Payment Plan via Customer’s credit card provided at time of original purchase. Customer’s credit card information will be stored securely and all monthly payments will be automatically charged to said credit card in equal monthly amounts until the debt is paid in full.
ACCELERATION UPON BREACH. In the event that the CUSTOMER fails to make any payments in accordance with the Payment Plan, upon reaching ten (10) days after the failure to make any such prescribed payment, the full amount of the Balance of Purchase shall come immediately due and payable.
ASSIGNMENT. HawkGrips may assign this Agreement with written notice to the CUSTOMER. In the event of such assignment, the assignee may designate a new method of payment.
NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
OWNERSHIP OF GOODS. HawkGrips will be the sole owner of all products shipped to CUSTOMER under a payment plan or payment agreement until the final balance has been paid. Any products purchased under a HawkGrips payment plan or payment agreement will be considered ‘on loan’ to the CUSTOMER until full payment is received by HawkGrips. In the event of default or non-payment, including bankruptcy or failure to make all scheduled payments for any reason, CUSTOMER agrees to return any and all products purchased under a payment agreement to HawkGrips in like new condition upon demand. Customer will be held responsible for the full cost of any damaged products.
APPLICABLE LAW. This Consulting Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania and subject to the exclusive jurisdiction of the federal and state courts located in Montgomery County, Pennsylvania.
SEVERABILITY. In the event any provision of this Agreement is held to be invalid, illegal, or enforceable for any reason, then the Parties agree that such provision shall be deemed to be struck and the remainder of the Agreement shall be enforced as if the struck provision were never included in the Agreement.