TERMS AND CONDITIONS – Emertech Battery Products

Shipping Costs
Shipping & Handling fees are not refundable. Please note returns may be subject to a 15% restocking fee (call for details). Signature may be required for UPS delivery. It is the sole responsibility of the Customer to ensure their availability to accept delivery. In the event a package is not accepted or is returned by the Customer/Shipper the Customer will be charged all applicable fees related to their order and its return. Please ensure you have listed the correct address and zip code. Customer will be responsible for paying the RETURN. Address Correction Fee (This fee is charged by UPS /Fedex or USPS and changes annually), we will charge back the fee as: EMERTECHBATTERY.COM(EMERTECH)Terms, Conditions, Returns & Warranty InformationThank you for your purchase from EMERTECHBATTERY.COM. We value each and every one of our customers. Below is important information you need to know concerning purchases, terms, payment and procedures for returning merchandise.1. Credit TermsEMERTECHBATTERY.COM requires a completed credit application and a personal letter of guarantee on all open accounts. A returned check fee will be assessed if a check is returned for any reason by the issuer’s bank. Replacement checks shall be certified, and all purchases will be for cash or certified check only, until returned check has been replaced and all returned check fees paid. Interest will be charged on all accounts unpaid beyond 30 days at the maximum legal limit allowed in buyer’s state. EMERTECHBATTERY.COM reserves the right not to extend credit terms and credit terms may be withdrawn at any time by EMERTECHBATTERY.COM in its sole discretion.

Limitation of Liability
EXCEPT AS TO TITLE, EMERTECH DOES NOT MAKE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OR ALL MERCHANDISE OFFERED FOR SALE BY AGT, INCLUDING, WITHOUT BEING LIMITED TO, ANY REPRESENTATION OR WARRANTY AS TO QUALITY, MERCHANTABILITY, FITNESS FOR USE OR SUITABILITY. BUYER SHALL BE LIMITED TO THE WARRANTIES, IF ANY, GIVEN BY THE ORIGINAL MANUFACTURER OF THE MERCHANDISE.

IT IS UNDERSTOOD THAT EMERTECH’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL AGT BE LIABLE FOR SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITINGEMERTECH’S LIABILITY.

NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE MANAGING MEMBER OF EMERTECH.

Delivery
Deliveries shall be subject to and contingent upon timely receipt of orders by EMERTECH together with buyer’s satisfaction of credit requirements. EMERTECH shall not be liable for any loss, damage, detention or delay resulting from causes beyond its reasonable control, including (without limiting the generality of the foregoing) unavailability of production from EMERTECH’s sources of supply, fire explosion, flood, strike or other labor difficulties, shortage of utility, facility, material or labor, default by common carriers or other delay in transportation, breakdown or accident, riot, insurrection, civil or military authority, or governmental controls, restrictions or regulations. EMERTECH shall have the right to apportion its supplies of merchandise among its customers in such manner as it, in its sole discretion determines to be appropriate.

Seller’s Right of Possession
In addition to all other remedies, EMERTECH shall have the right, at any time, for credit reasons or because of buyer’s payment default, to withhold shipment in whole or in part, to recall goods in transit, retake same, and repossess all goods which may be stored without the necessity of taking any other action, and buyer consents that all merchandise so recalled, retaken, or repossessed shall become the absolute property of EMERTECH provided the buyer is promptly notified of such action and given full credit therefore.

Risk of Loss; Claims
Merchandise is shipped FOB shipping point and buyer assumes all risk of loss due to damages, shortages or non-delivery due to carrier fault. Claims stemming from discrepancies between invoice description or quantities and actual product received by buyer due to an error of EMERTECH must be made within 10 days of invoice date, and failure to make such claim shall result in waiver of any right to make any claim for such error.

Product Installation and Operation
Buyer assumes all responsibility for the proper selection, installation, operation and maintenance of the merchandise purchased from EMERTECH.

Items Returned for Credit & Repair

EMERTECH will return to the manufacturer for repair or replacement, any item EMERTECH carries or which was previously purchased from EMERTECH, provided, however, that buyer shall be responsible for any and all freight charges, service charges, and repair charges, even if the product is found to be beyond economical repair or buyer does not wish to pursue the repair after acknowledgment of the estimated repair charges.

Return Policy
You may return for exchange or credit any normally stocked item within 30 days from date of invoice for credit or refund of the purchase price and sales tax if applicable, provided: (1) Item has not been used, altered, or marred in any way (2) Item is returned with original wrapping in original container with all accessories, instruction manuals, warranties, papers, etc., in resale condition and (3) Item is returned with proof of purchase from EMERTECH Items cannot be returned if they are: special ordered, not normally in stock, close-outs, clearance, used or blemished, etc. Shipping & handling charges are not refundable. Furthermore all returns are subject to a 15% restocking charge.

If any of the previous return conditions cannot be met, the following applies at the discretion of EMERTECH. Any defective item returned within the specific manufacture’s warranty period will be replaced/repaired in accordance with the manufacturers’ warranty guidelines. Replacement will be given only at the request of the manufacturer with proper proof of purchase. Any item returned as defective, found to be so as the result of improper usage and thus not covered by the manufacturer’s warranty will be treated as an item returned under the preceding paragraph.

To return any item, buyer must contact EMERTECH Customer Service: (305) 7557-9474, Monday through Friday, 9:00am – 4:00pm EST. Request a Return Authorization Number. The Return Authorization (RA) number must be marked on the outside return label of the package. Please Note: EMERTECH will refuse delivery of any returned packages without a Return Authorization (RA) number displayed on the exterior of the returned package. Buyer is responsible, and will not be reimbursed, for necessary shipping and insurance costs for returned packages to EMERTECH Include a copy of your original purchase invoice.

Purchase Orders
If the Buyer intends to issue purchase orders to the Seller from time to time, every purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery. Despite any provisions to the contrary all such orders will be made pursuant and subject to this agreement, whether specifically stated or not. If there is any inconsistency between the terms and conditions of this agreement and the terms of a purchase order, the terms and conditions of this agreement shall prevail.

Governing Law
The parties agree and intend that this agreement will be construed and interpreted in accordance with the laws of the State of FLORIDA including specifically the provisions of the FLORIDA Uniform Commercial Code. The parties also acknowledge that the transaction that is the subject matter of this contract bears a reasonable relation to the State of FLORIDA.

Arbitration
Any controversy or claim arising out of, in connection with, or relating to this agreement or a breach thereof shall be settled by arbitration pursuant to the arbitration rules governed by the State of FLORIDA.

Complete Understanding
This agreement terminates and supersedes all prior agreements between the parties, if any. This agreement sets forth the entire agreement between the parties. This agreement may not be changed, altered, or amended except by a writing signed by both parties.

Additional Terms & Conditions NOT printed on the back of EMERTECH, Invoices

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of EMERTECH. The collective work includes works that are licensed to EMERTECH, Copyright 2007, EMERTECH ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with EMERFTECH or purchasing EMERTECH products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with EMERTECHor to purchase EMERTECH products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by EMERTECH. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of EMERTECCH used in the site are trademarks or registered trademarks of EMERTECHEMERTECHBATTERY.COM

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, EMERTECH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. EMERTECH does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. EMERTECH does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
EXCEPT AS TO TITLE, EMERTECH DOES NOT MAKE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OR ALL MERCHANDISE OFFERED FOR SALE BYEMERTECH, INCLUDING, WITHOUT BEING LIMITED TO, ANY REPRESENTATION OR WARRANTY AS TO QUALITY, MERCHANTABILITY, FITNESS FOR USE OR SUITABILITY. BUYER SHALL BE LIMITED TO THE WARRANTIES, IF ANY, GIVEN BY THE ORIGINAL MANUFACTURER OF THE MERCHANDISE.

NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE MANAGING MEMBER OF EMERTECH.

EMERTECH shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if EMERTECH has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a EMERTECH product is mistakenly listed at an incorrect price, EMERTECH reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. EMERTECH reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, EMERTECH shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by EMERTECH without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
EMERTECH may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to EMERTECH.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of FLORIDA U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of EMERTECH) shall be in the state or federal courts located in BROWARD COUNTY, FLORIDA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of EMERTECH products) must be commenced within one (1) year after the claim or cause of action arises. EMERTECH’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.emertechbattery.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a EMERTECH, or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
EMERTECH does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, EMERTECH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.emertechbattery.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to EMERTECH in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless EMERTECH, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors,www.emertechbattery.com may link to sites operated by third parties. However, even if the third party is affiliated with EMERTECH, EMERTYECH has no control over these linked sites, all of which have separate privacy and data collection practices, independent of EMERTECH. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, EMERTECH seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).