Terms and Conditions of Sale

Website: battfactory.com

Considerations for battfactory.com Customers
As a battfactory.com customer, you (“Customer”) agree that all products and services purchased through the battfactory.com website or any battfactory.com store will be subject to the terms and conditions referenced below and will specifically overrule any additional or conflicting terms or conditions contained in any Customer purchase order or other communication.

Standard Terms and Conditions
These standard terms and conditions are effective respecting all sales by battfactory.com, a DBA (“Seller”), on its website “battfactory.com” and are binding on all battfactory.com customers (“Buyer”). These terms supplement Seller’s form order confirmation generated in response to Buyer’s online order for Product (each individually or collectively, the “Order Confirmation”).

  1. AGREEMENT
    The term “Agreement” means these standard terms and conditions, as supplemented for each transaction solely as to the Product(s) description, quantity, and price for the Product(s) described in Seller’s Order Confirmation. The Seller objects to and will not otherwise be bound by any additional or different terms, whether printed or otherwise, in any Buyer’s purchase order or in any other communication from Buyer to Seller.
  2. PRODUCT
    The term “Product” means any and all goods sold by the Seller.
  3. TERMS OF PAYMENT
    Payment will be by credit card at the time of order. In addition to payment of the price for the Product, Buyer also will pay all taxes applicable respecting the purchase of the Product. Tax-exempt organizations seeking tax-exempt transactions must obtain Seller’s approval in advance and submit requested documentation. Buyer is responsible for all applicable shipping and handling costs.
  4. SHIPPING/DELIVERY
    Shipping and delivery dates are not guaranteed. Shipping dates are estimated on the basis of Seller’s immediate receipt of all information Buyer must furnish and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller’s reasonable control. Seller will in good faith endeavor to meet estimated shipping dates, although either party will have the right to cancel backordered Product(s). Seller reserves the right to make multiple shipments to fulfill an order. Seller reserves the right to withhold delivery of the Product(s) or cancel an order for Product(s) if Seller has reasonable belief that the Product(s) will be used for improper or unlawful purposes or activities or if a transaction appears fraudulent. Seller will not be liable for any damages or losses arising out of or resulting from any delay in delivery of Product.
  5. RISK OF LOSS
    Unless Seller or Seller’s designated carrier expressly agrees in writing to other terms following acceptance of Buyer’s online order for Product, Buyer assumes all risk of loss of Product upon Seller’s delivery of Product to Buyer’s designated address. Notwithstanding this allocation of the risk of loss, the Product remains subject to Seller’s right to reclaim and stop the Product in transit.
  6. WARRANTIES AND LIMITATIONS OF LIABILITY
    Seller warrants that all Products will be substantially free of defects in material and workmanship for a period of time as designated in Seller’s then current warranty table found in the “Warranty” section of the “battfactory.com” website; beginning on the date Buyer receives the Product. This warranty is void if the Product is modified (e.g., used in custom pack assemblies), misused, altered, tampered with, or installed or used in connection with life-sustaining or other medical or aviation equipment or otherwise in a manner that is inconsistent with applicable specifications. ALL OTHER WARRANTIES EXPRESS OR IMPLIED, WHETHER ORAL, WRITTEN, OR IN ANY OTHER FORM, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Seller is not liable for special, indirect, incidental, or consequential damages, including loss, damage, personal injury, or any other expense directly or indirectly arising from the use of or inability to use the Products, including loss of data. The sole and exclusive remedy under this limited warranty is limited to, at Seller’s option, Seller’s repair or replacement of the defective Product or a refund of or account credit for the then-current purchase price for the Product.
  7. RETURN POLICY
    Buyer must inspect the Product upon delivery. If Buyer believes any Product is non-conforming or was shipped to Buyer in error, Buyer may reject the Product only by written notice to Seller. Buyer, at Seller’s election, must return any defective Product to Seller, properly dispose of the defective Product, or make the Product available to Seller or its agents for inspection at Buyer’s place of business, if applicable. Buyer must request return authorization from Seller prior to the return of any Product. Buyer must provide such other information as Seller may reasonably request as to any defective Product(s). Seller’s liability for non-conforming Product will not exceed the price of the Product. Seller will not be liable on any claim for non-conforming Product which is not made within fourteen (14) days after Buyer has received Product. Buyer must return Product to Seller, if requested, within 30 days of receiving the Product. Returns that do not meet these requirements may not be accepted or may be subject to a return fee. See the “Return” section of the “battfactory.com” website for additional detail regarding Seller’s return policy.
  8. INDEMNIFICATION
    Buyer will indemnify, defend, and hold Seller and its corporate parents and other affiliates and their respective officers, directors, stockholders, members, insurers, attorneys, employees, agents, successors, predecessors, assigns, heirs, and personal representatives harmless against any and all liability, claims, suits, actions, losses, liabilities, damages, costs, and legal fees arising out of or related to: (i) any alleged or actual breach or non-satisfaction by Buyer or, if applicable, any of its employees, authorized representatives or advisors of any of Buyer’s warranties, representations, covenants, or obligations in this Agreement, (ii) any actual or alleged breach of warranty, representation, action, or activity by Buyer which is in addition to or otherwise conflicts with Seller’s limited Product warranties to end users or other third parties, and (iii) any other claims of any nature that any Products have caused or contributed to bodily injury or death or damage to real or personal property, excluding claims solely arising out of defective or non-conforming Product.
  9. FORCE MAJEURE
    Seller’s failure to deliver Product due to circumstances beyond its reasonable control including acts of God, fire, flood, war, labor disturbances, Seller or raw material shortages, and governmental regulation will not constitute an event of default or breach of this Agreement. Seller will promptly notify Buyer of any such delay and its cause.
  10. SUCCESSORS AND ASSIGNS
    All provisions of this Agreement will be binding on and benefit the parties hereto, and their successors, assigns, and legal representatives, except that Buyer may not assign or otherwise transfer this Agreement without Seller’s prior written consent. Any assignment, delegation, or transfer in violation of this provision will be void.
  11. GOVERNING LAW AND DISPUTE RESOLUTION
    This Agreement is governed by and construed under the laws of the state of Florida without reference to Florida’s choice of law rules. Subject to Seller’s right to seek injunctive relief as stated below, any dispute, claim, or controversy arising out of or related to the Parties involving the interpretation of this Agreement will be resolved by binding arbitration in Hallandale Beach, Florida under the American Arbitration Association Dispute Resolution Procedures in effect at the time of arbitration. Buyer acknowledges and agrees that Seller may have no adequate remedy at law if Buyer breaches this Agreement. In such event, Seller will have the right to obtain specific performance or injunctive relief and any such proceedings will be venued in federal district court for the Southern District of Florida or in state court in Broward County, Florida.
  12. MISCELLANEOUS
    a) The Agreement may be modified or terminated only upon Seller’s written consent.
    b) This Agreement represents the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations, and discussions of the parties. There are no warranties, representations, or agreements among the parties related to the same subject matter, except as expressly stated herein.
    c) Seller may, in its discretion, cancel an order or withdraw delivery if Buyer fails or cannot comply with this Agreement and/or the terms of the Order Confirmation.
    d) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction (in whole or in part), the remainder of this Agreement will remain in full force and effect and will not be affected, impaired, or invalidated.
    e) Failure of Seller to insist upon performance of any provisions of this Agreement or to exercise any right or privilege hereunder will not be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such right.
  13. PRIVACY
    battfactory.com is committed to protecting your privacy. This policy describes our practices regarding personal and account information collected by battfactory.com (“we,” “us,” “our,” “battfactory.com”) at our stores, online at battfactory.com (Site or website), and via mobile applications (i.e. battfactory.com accessed through your mobile devices).

By using the battfactory.com website or any of our applications, products, services, features, tools, or resources you agree to the terms of this Privacy Policy and our Terms/Conditions of Use.

This Privacy Policy, along with our Conditions of Use, governs your use of the battfactory.com website at https://battfactory.com (Site) and any other links through social media platforms such as Facebook or Twitter, as well as the use of our mobile application.