BatteryShip.com Terms & Conditions of Sale
IMPORTANT: The following terms and conditions of sales is the consumer agreement you are entering through the use of our website and or purchase of our products. YOU ARE HEREBY GIVEN NOTICE TO READ CAREFULLY THE FOLLOWING AGREEMENT.
By using our website (WWW.BATTERYSHIP.COM), and or by placing an order, and or by accepting delivery of the products and services described in BatteryShip's Invoice or other BatteryShip documentation, you the customer fully agree to be bound by and hereby accept these terms and conditions of sales; unless Customer and BatteryShip have signed a separate agreement, in which case the separate agreement will govern.
The terms and conditions of sale ("Terms") are limited to those contained herein. Any additional or different terms in any form(s) delivered by Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
"We", "Our" or "Us" refers to Batteryship. “You” or “Your” refers to Customer and or person visiting or browsing BatteryShip.com.
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and Batteryship. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site") www.batteryship.com. These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law ALL SALES MADE IN WYOMING. These terms and any sale hereunder will be governed by the laws of the state of Wyoming, without regard to conflicts of laws, and or rules, and regardless of the location of the Customer. Any dispute, action or litigation must be brought in Wyoming and Customer consents to the jurisidication of the Federal and State Courts located in Wyoming, the County of Laramie, and Customer submits to jurisdiction there, and Customer waives the right to change venue. Customer hereby agrees that such venue is appropriate and that BatteryShip's agreement to sell and deliver products to the Customer is dependent on this provision.
Pricing Information; Availability; Errors and omissions Disclaimer
All pricing is listed in US Dollars. All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service 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, we cannot guarantee that we will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published in our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. Therefore we make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites, search engines, or price engines are accurate or up-to-date.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. An accepted order means all orders that have been placed by customer, processed and shipped by BatteryShip.com. Terms of payment are within our sole discretion. Invoices are due and payable prior to the shipment of your order. Customer is responsible for, and will indemnify and hold Batteryship 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 any and all costs of collection, including court costs, filing fees and attorney's fees.
Shipping; Risk of Loss; Security Interest
Customer agrees that BatteryShip is not a shipping company but a retailer
of electronic accessory equipment. Customer agrees that Batteryship as a
matter of convenience ONLY will arrange and collect payment from Customer
at the time of the Customerís order through the BatteryShip shopping cart.
Customer agrees that BatteryShip will arrange shipping and payment to the
carrier as requested by Customer at the time of the Customerís order with
BatteryShip. Customer agrees that all shipping costs and shipping
liabilities shall be the responsibility of Customer. Batteryship charges
shipping and handling fees for every shipment, unless a special promotion
or contract term provides otherwise; such cost includes the freight
charged by the carrier, packaging, and handling, but does not necessarily
equal a direct pass-through of such cost to the customer. Customer agrees
that all RISK OF LOSS SHALL BE THE RESPONSIBILITY OF CUSTOMER AND CUSTOMER
SHALL HAVE NO RECOURSE WITH BATTERYSHIP IN THE EVENT A LOSS OCCURS DURING
SHIPMENT. THE ONLY RECOURSE CUSTOMER SHALL HAVE IS THROUGH A NEW PURCHASE
WITH BATTERYSHIP AND OR REIMBURSEMENT FROM THE CUSTOMERíS CARRIER OF
CHOICE. Delivery times are estimates only and Batteryship shall not be
liable for delays.
BatteryShip retains a security interest in the products until payment in full is received.
Customer agrees that BatteryShip shall not be liable for products received
damaged due to shipping. If damaged products are accepted from the
carrier, Customer shall notify the carrier delivery record, by calling the
carrier directly. BatteryShip may be able to assist Customer in obtaining a
reimbursement through the carrier; however BatteryShip does not guarantee
that a reimbursement will be made. Customer agrees that all RISK OF LOSS
SHALL BE THE RESPONSIBILITY OF CUSTOMER AND CUSTOMER SHALL HAVE NO
RECOURSE WITH BATTERYSHIP IN THE EVENT A LOSS OCCURS DURING SHIPMENT. THE
ONLY RECOURSE CUSTOMER SHALL HAVE IS THROUGH A NEW PURCHASE WITH
BATTERYSHIP AND OR REIMBURSEMENT FROM THE CUSTOMERíS CARRIER OF CHOICE.
Customer agrees that all products BatteryShip retails are a unique
selection of electronic hardware selected, manufactured, rated and
assembled for each specific product. To assist the Customer in ordering
the correct product, BatteryShip products and part numbers are clearly
marked for use with their respective device and models. Customer agrees
that if Customer uses products bought from BatteryShip in any device,
product, and or in any conceivable manner other than what BatteryShip's product
compatibility list, model list, and part number list indicates, then
Customer agrees to waive all return privileges and warranties.
Return Privileges and Refund Privileges
Batteryship as a matter of customer satisfaction extends a 30 Day Money Back Refund privilege on all products that are undamaged and in the original condition. Products (and product packaging) that have been torn, scratched, used, and in any way damaged will be deemed “consumed” by Customer and therefore we hereby negate and void all refunds. All shipping fees to and from Batteryship are the sole responsibility of Customer. If a Customer is granted, in BatteryShip’s sole discretion, a right to refund then BatteryShip will refund the customer in the amount equal to the original purchase price less a fifteen percent (15%) cancellation fee. As a matter of fact BatteryShip shall not refund and shipping charges.
Batteryship also extends Return privilege for defective products. On certain products we include a 30 day defective product return policy. In addition on certain other products we include a 1 Year defective product return policy. Both the 30 day defective product return policy and the 1 Year defective product return policy are clearly marked on each and every product page within our website and within your shopping cart when you order. For batteries that do not include our 1 Year Warranty, our 1 Year Replacement Plan can be purchased/added to your order at the time of your order. All shipping fees to and from Batteryship are the sole responsibility of Customer.
All refund privileges and return privileges require prior authorization from BatteryShip.com. Authorization may be granted only if all refund privilege rules and our return privilege rules are met. To receive a refund privilege and or a return privilege please follow the rules at: http://www.batteryship.com/returnpolicy.html.
DISCLAIMER OF WARRENTIES
THE FOREGOING WARRANTY, AND REFUND POLICY, AND RETURN POLICY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. BATTERYSHIP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
WAIVER AND LIMITATION OF LIABILITY
WAIVER AND LIMITATION OF LIABILITY
You hereby acknowledge that the warranty provided herein and the
accompanying obligations and liabilities of BATTERYSHIP are exclusive and
you hereby waive all other remedies, warranties, guarantees or
liabilities, express or implied, arising by law or otherwise, whether or
not occasioned by the negligence of BATTERYSHIP. You acknowledge by your
use of BATTERYSHIPíS products that your use of the products and any
reliance upon them is at your sole risk, and that you assume full
responsibility for all costs associated with all necessary servicing or
repairs of any equipment you use in connection with BATTERYSHIPíS
IN NO WAY SHALL BATTERYSHIP BE RESPONSIBLE OR LIABLE FOR ANY FORM OF
CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT
DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL,
BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR
OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.
BATTERYSHIP AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES
EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED
BY THIRD PARTIES OR AFFILIATES OF BATTERYSHIP, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A
CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BATTERYSHIP
ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Product Title, Product Delays, Product Technology
We warrant that we have good title to the hardware products we sell and distribute.
We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, 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.
Batteryship has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. Batteryship will pass through any such indemnity it receives from the Product manufacturer or supplier.
Third Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of products and are not a service provider, or repair shop. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Batteryship, and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by us solely in the capacity as an independent sales agent.
Vendor license agreements
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for installation of products must be used carefully and with adult supervision.
You warrant that you have sufficient knowledge to perform a battery self-installation. You warrant that all battery installation instructions that you may or may not receive from BatteryShip.com websites, and or in the provided instructions in your shipment, come with no warranty or guarantee. By utilizing the provided instructions, as indicated above, then you AGREE to hold BatteryShip.com blameless and unaccountable for any and all damages, problems, or personal injuries that may or may not arise by your use of the provided instructions. Replacing your battery may void any warranty you may have with your device and manufacturer. You assume all responsibilities with regard to securing your own data and all other personal information prior to any self-installation and AGREE that BatteryShip is not responsible for any and all data loss.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BATTERYSHIP FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
These Terms constitute the entire agreement between Customer and Batteryship relating to the sale of products and services 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 contained herein and in our 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 or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and Batteryship.
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.