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 Canada (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 Canada 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
BattDepot Canada cannot guarantee that products and services advertised on the Website
will be available when ordered or thereafter. BattDepot Canada does not warrant that the
content of the Website including, without limitation, product descriptions,
cross-referencing or photographs, is accurate or complete.
BattDepot Canada 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 province of British Columbia.
Additional provinces may be added without notice. All orders that are shipped within
Canada will be charged the GST tax. We shall not be liable for handling or customs
charges for shipments outside of Canada.
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 Canada 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
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.
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 Canada only with involvement of a
parent or guardian. BattDepot Canada and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
Visitors may submit suggestions, ideas, comments, questions, or other information
("Submissions"). If you send Submissions to BattDepot Canada or the Website, you
automatically grant (or warrant that the owner of the Submissions grants) to
BattDepot Canada 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 Canada 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 Canada and its successors, assigns and licensees.
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.
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE PROVINCE
OF BRITISH COLUMBIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE
LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN
BRITISH COLUMBIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND
PROVINCIAL COURTS LOCATED IN BRITISH COLUMBIA, SUBMITS TO JURISDICTION THERE,
AND WAIVES THE RIGHT TO CHANGE VENUE. PERSON HEREBY AGREES THAT SUCH VENUE IS
APPROPRIATE AND THAT BattDepot Canada'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 Canada 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 Canada 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 Canada 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.