Seller is responsible for all aspects of shipping, including providing adequate packaging, tagging, labeling and packing of the Merchandise in compliance with the Seller Specifications and Applicable Law.
When Seller receives notice of an order from a User (a «User Order») at the e-mail address specified by Seller in the Portal, Seller will process and fulfill the User Order in compliance with the Seller Shipping and Delivery Policy, and will make the Merchandise requested in a User Order («Requested Merchandise») available for pick up by a common carrier to deliver to the applicable User. Seller will not substitute any item(s) for the Requested Merchandise. Title to and risk of loss of and/or damage to the Requested Merchandise will remain with Seller until delivery to the User. Panyata will not have title to, or deemed the legal owner of, any Merchandise at any time under the terms of this Agreement. Seller may not include any marketing, promotional materials, or any other solicitations with the Requested Merchandise shipped to Users.
2. Overdue Orders.
Panyata may cancel any User Order that fails for any reason to ship within the applicable shipping period indicated in the Seller Specifications, and Panyata will have no duty to compensate Seller for any such cancelled orders. It is Seller's responsibility to monitor all orders and ensure all shipments are made within the timeframes indicated in the Seller Specifications.
3. Delivery Errors, Non-conformities.
Seller is responsible for any non-delivery, delivery error, mistake, theft or act in connection with the fulfillment and delivery of its Merchandise, except to the extent caused by Panyata' failure to properly process a User's address verification in the course of the purchase of the Merchandise.
4. Additional Delivery Services; «White Glove» Delivery.
With the written consent of Panyata, Seller may provide more extensive shipping services, such as delivery within the home or User premises, and/or installation services for Merchandise sold pursuant to this Agreement. In such case, Seller (a) will maintain general liability insurance, vehicle insurance, and worker's compensation insurance in such amounts set forth in the Marketplace Vendor Guide and (b) will not permit any of its Personnel or subcontractors to enter the premises or residences of Users until they have passed the drug testing and background check requirements specified in the Marketplace Vendor Guide.