Terms and Conditions
By using the Battery Warehouse web site (the “site”), you agree to be bound by all terms, conditions and notices contained or referenced herein. We reserve the right to change the terms by posting revisions to the site at any time. Your continued use of the site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms and Conditions at the start of each use of the site, and if you do not agree to the terms of this or any revised version, please exit the site immediately.
Disclaimer of Warranties
By using the Battery Warehouse site, you expressly agree that use of the Battery Warehouse site is at your sole risk. The Battery Warehouse Web site is provided on an “AS IS” and “as available” basis. Neither Battery Warehouse nor its parent company, employees, affiliates, licensors, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, or the like (collectively, “Associates”) warrant that use of the Battery Warehouse site will be uninterrupted or error-free. Battery Warehouse does not warrant the accuracy, integrity or completeness of the content provided on the Battery Warehouse Web site or the products or services offered for sale on the Battery Warehouse site.
BATTERY WAREHOUSE AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BATTERY WAREHOUSE SHALL CREATE A WARRANTY. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS AND SERVICES DESCRIBED ON THIS WEB SITE IS PROVIDED BY THE ADVERTISER OR MANUFACTURER ONLY, AND NOT BY BATTERY WAREHOUSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances shall Battery Warehouse be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Battery Warehouse Inc, including but not limited to reliance by you on any information obtained from the Battery Warehouse Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Battery Warehouse has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Battery Warehouse site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Shipping & Delivery
The risk of loss and title for all merchandise ordered on this Web site pass to the buyer when the merchandise is delivered to the shipping carrier.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Battery Warehouse shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship and the amount of controversy exceeding $75,000.00, the Eastern District Court of Virginia. Both parties expressly waive a trial by jury.
The Terms and Conditions constitute the entire agreement between the user and Battery Warehouse with respect to this site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Battery Warehouse with respect to this site. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.