Conditions of Use
These terms constitute a binding contract between you and all persons you
represent (and for the purposes of these Conditions of Use, "person" includes
all natural persons and any type of incorporated or unincorporated entity).
Person acknowledges agreement and acceptance of these Conditions of Use by
making a purchase, placing an order or otherwise shopping on BattDepot.com
(the "Website"). These conditions of use are subject to change without prior
notice, except that the Conditions of Use posted on the Website at the time
Person initially places or modifies an order will govern the order in question.
Permission To Use the Website
You may use the Website only if you have reached the age of majority where you
live and you can form legally binding contracts under applicable law. You may
not use the Website if you live in a jurisdiction where access to or use of
the Website or any part of it may be illegal or prohibited. It is solely your
responsibility to determine whether your use of the Website is lawful, and you
must comply with all applicable laws. BattDepot.com reserves the right to request
proof of identification and age.
Prices are listed in our Website and are subject to change without notice.
Payment is due before shipment, unless credit terms have been arranged in
advance with our credit department. In such case, payment terms shall be as
set forth in the credit agreement.
BattDepot.com cannot guarantee that products and services advertised on the
Website will be available when ordered or thereafter. BattDepot.com does not
warrant that the content of the Website including, without limitation, product
descriptions, cross-referencing or photographs, is accurate or complete.
BattDepot.com reserves the right to: (a) correct any error, inaccuracy or omission
at any time without prior notice or liability to you or any other person; (b)
change at any time the products and services advertised or made available for
sale on the Website, the prices, fees, charges and specifications of such products
and services, any promotional offers and any other Website content without any
notice or liability to you or any other person; (c) reject, correct, cancel or
terminate any order, including accepted orders for any reason and (d) limit
quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to
purchase products and services on the Website and are not offers to sell. All
prices and other amounts appearing on the Website are quoted in
Limitation of Liability
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT
LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO
ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY BATTDEPOT.COM TO THE
FULLEST EXTENT PERMITTED BY LAW.
NEITHER BATTDEPOT.COM NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
NEITHER BATTDEPOT.COM NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF
SERVICES BY THIRD PARTIES. PERSON AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY BATTDEPOT.COM OR ITS AFFILIATES,
NEITHER BATTDEPOT.COM NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY PERSON FOR THE PRODUCT(S) OR SERVICE(S)
GIVING RISE TO THE CLAIM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW.
Visitors may submit suggestions, ideas, comments, questions, or other information
("Submissions"). If you send Submissions to BattDepot.com or the Website, you
automatically grant (or warrant that the owner of the Submissions grants) to
BattDepot.com and its successors, assigns and licensees a perpetual, royalty-free,
irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable,
right and license to use and exploit the Submissions or any ideas, concepts, know-how
or techniques associated with the Submissions for any purpose whatsoever, commercial
or otherwise, using any form, media or technology now known or later developed,
without providing any attribution or compensation to you or any other person, without
any liability whatsoever, and free from any obligation of confidence or other duties
on the part of BattDepot.com or its successors, assigns and licensees, and you agree,
represent and warrant that all moral rights in the Submissions are waived in favor of
BattDepot.com and its successors, assigns and licensees.
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY
DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN WASHINGTON AND CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN WASHINGTON, SUBMITS TO JURISDICTION
THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. PERSON HEREBY AGREES THAT SUCH VENUE IS
APPROPRIATE AND THAT BATTDEPOT.COM'S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE PERSON
IS DEPENDENT ON THIS PROVISION.
All information you provide through the Website, including registration information
(name and email address), payment information (credit card numbers and expiration dates),
and transaction-related information, must be true, accurate, current and complete.
BattDepot.com will rely on the information you provide. You will be solely responsible
and liable for any and all loss, damage, and additional costs that you, BattDepot.com
or any other person may incur as a result of your submission of any false, incorrect
or incomplete information or your failure to update your registration information and
payment information within 30 days of any change.
Risk of Loss
All items purchased from BattDepot.com are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery to