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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 are a resident of Canada or the United States,
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.
Pricing
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 Canadian or US dollars.
We collect sales and use taxes for sales shipped to the State(s) of Washington.
Additional states may be added without notice. We shall not be liable for handling
or customs charges for shipments outside the United States.
Limitation of Liability
DISCLAIMERS
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
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
If you are under 18, you may use BattDepot.com only with involvement of a parent
or guardian. BattDepot.com and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Unsolicited Submissions
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.
Disputes
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.
Tariff classification policy
The purchaser hereby acknowledges and agrees that the purchased goods will solely
be used as a replacement battery pack for the laptop model specified at time of
purchase in accordance with the terms of H.S. tariff item 9948.00.00. If the
purchased goods are put to any other use, the purchaser hereby agrees to
immediately notify the vendor of such alternative use or uses.
Your Information
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 the carrier.
Our Address
BattDepot.com
1313 E. Maple St., Ste 508,
Bellingham, WA, 98225
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