PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
YOU.
This Agreement contains the terms and conditions that apply to your purchase from
the Champion-battery-sales.com, Inc. entity named on the invoice
("Champion-battery-sales.com, Inc.") that will be provided to you ("Customer") on
orders for products sold in the United States. By accepting delivery of the products
described on that invoice, Customer agrees to be bound by and accepts these terms
and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED
A SEPARATE FORMAL PURCHASE AGREEMENT WITH CHAMPION-BATTERY-SALES.COM, INC., IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER
CHAMPION-BATTERY-SALES.COM, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These
terms and conditions are subject to change without prior written notice at any time,
in Champion-battery-sales.com, Inc.'s sole discretion.
1. Other Documents. These terms and conditions may NOT be altered,
supplemented, or amended by the use of any other document(s). Any attempt to alter,
supplement or amend this document or to enter an order for product(s) which is
subject to additional or altered terms and conditions will be null and void, unless
otherwise agreed to in a written agreement signed by both Customer and
Champion-battery-sales.com, Inc.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within
Champion-battery-sales.com, Inc.'s sole discretion, and unless otherwise agreed to
by Champion-battery-sales.com, Inc., payment must be received by
Champion-battery-sales.com, Inc. prior to Champion-battery-sales.com, Inc.'s
acceptance of an order. Payment for the products will be made by credit card, wire
transfer, or some other prearranged payment method unless credit terms have been
agreed to by Champion-battery-sales.com, Inc. Invoices are due and payable within
the time period noted on the reverse side of this invoice, measured from the date
of the invoice. Champion-battery-sales.com, Inc. may invoice parts of an order
separately. Orders are not binding upon Champion-battery-sales.com, Inc. until
accepted by Champion-battery-sales.com, Inc. Any quotations given by
Champion-battery-sales.com, Inc. will be valid for the period stated on the
quotation. Customer agrees to pay interest on all past-due sums at the highest
rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling
will be shown on Champion-battery-sales.com, Inc.'s invoice(s). Unless Customer
provides Champion-battery-sales.com, Inc. with a valid and correct tax exemption
certificate applicable to the product ship-to location prior to
Champion-battery-sales.com, Inc.'s acceptance of the order, the Customer is
responsible for sales and all other taxes associated with the order, however
designated, except for Champion-battery-sales.com, Inc.'s franchise taxes and
taxes on Champion-battery-sales.com, Inc.'s net income. If applicable, a separate
charge for taxes will be shown on Champion-battery-sales.com, Inc.'s invoice.
5. Title; Risk of Loss. Title to products passes from
Champion-battery-sales.com, Inc. to Customer on shipment from
Champion-battery-sales.com, Inc.'s facility. Loss or damage that occurs during
shipping by a carrier selected by Champion-battery-sales.com, Inc. is
Champion-battery-sales.com, Inc.'s responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. CHAMPION-BATTERY-SALES.COM, INC. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and
Conditions, customer agrees to be bound by the acceptance of contract terms contained
elsewhere in this site.
7. Return Policies. Champion-battery-sales.com, Inc. products that are
purchased directly from Champion-battery-sales.com, Inc. by an end-user Customer
may be returned by Customer in accordance with Champion-battery-sales.com, Inc.'s
"5 STAR GUARANTEE" in effect on the date of the invoice.
8. Products. Champion-battery-sales.com, Inc.'s policy is one of
on-going product update and revision. Champion-battery-sales.com, Inc. may revise
and discontinue products at any time.
9. Limitation of Liability. CHAMPION-BATTERY-SALES.COM, INC. DOES NOT
ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS FOR ANY REASON. CHAMPION-BATTERY-SALES.COM, INC. WILL NOT 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 EXCEPT AS EXPRESSLY PROVIDED HEREIN.
10. Arbitration. Any claim, dispute or controversy (whether in contract,
tort, or otherwise, whether pre-existing, present or future, and including
statutory, common law, intentional tort and equitable claims) against
Champion-battery-sales.com, Inc., its agents, employees, successors, assigns or
affiliates (collectively for purposes of this paragraph,
"Champion-battery-sales.com, Inc.") arising from or relating to this Agreement,
its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full extent
permitted by applicable law, relationships with third parties who are not
signatories to this Agreement), Champion-battery-sales.com, Inc.'s advertising,
any related purchase, including the validity of this arbitration clause shall be
resolved exclusively and finally by binding arbitration administered by the National
Arbitration Forum (NAF) under its Code of Procedure then in effect (available via
the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The
arbitration will be conducted before a single arbitrator, and will be limited solely
to the dispute or controversy between Customer and Champion-battery-sales.com, Inc.
The arbitration shall be held in Massachusetts at the office of
Champion-battery-sales.com, Inc., by telephone, or online. Any award of the
arbitrator(s) shall be final and binding on each of the parties, and may be entered
as a judgment in any court of competent jurisdiction. Information may be obtained
and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis,
MN 55405.
11. Applicable Law; Not For Resale. Customer agrees to comply with all
applicable laws and regulations of the various states and of the United States.
Customer agrees and represents that it is buying for its own internal use only, and
not for resale. Champion-battery-sales.com, Inc. has separate terms and conditions
governing resales.
12. Headings. The section headings used herein are for convenience of
reference only and do not form a part of these terms and conditions, and no
construction or inference shall be derived therefrom.
13. Acceptance. By ordering any product from Champion-battery-sales.com,
Inc., whether by clicking through over the internet, telephone, facsimile or
otherwise, the customer agrees to be bound by these Terms and Conditions of Sale,
as well as the "Acceptance of Contract Terms" contained elsewhere in the
Champion-battery-sales.com, Inc. site.
|