Last Updated – 1 June 2019
These standard terms and conditions are effective respecting all sales by BoosterBatteries, Inc on its website “BoosterBatteries.com” (“Seller”) or in person at stores and trade shows, and are binding on all BoosterBatteries® 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”).
- 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.
- PRODUCT. The term “Product” means any and all goods sold by the Seller.
- TERMS OF PAYMENT. Payment will be by credit card at 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.
- 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 purpose or activity 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.
- 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.
- 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 “BoosterBatteries.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 are installed or use in connection with life sustaining or other medical or aviation equipment or purposes 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 or for failing to follow the IMPORTANT LITHIUM BATTERY SAFETY INSTRUCTIONS at the bottom of these Terms and Conditions. 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.
- ACCEPTABLE USE. When you access the BoosterBatteries.com website you understand that these terms and conditions are applicable to you. Any part of these terms and conditions may be modified by Booster Batteries, Inc for any reason and at any time. You agree to indemnify, defend and hold harmless all those connected with the business of Booster Batteries, Inc against all losses including attorneys’ fees.
- LIABILITY LIMITATIONS. Booster Batteries, Inc shall not be liable for any loss or damages that result from the use of or the inability to use information on this web site, or from the violation of any of these terms and conditions.
- TRADEMARKS AND COPYRIGHTS. The entirety of the BoosterBatteries.com web site and any related printed materials is copyrighted and the property of Booster Batteries, Inc. Any commercial use of these copyrighted materials requires the express written permission of Booster Batteries, Inc.
- 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 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 45 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 “BoosterBatteries.com” website for additional detail regarding Seller’s return policy.
- 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 any 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.
- 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.
- 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.
- GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement is governed by and construed under the laws of the state of Wisconsin without reference to Wisconsin’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 Milwaukee, Wisconsin 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 Eastern District of Wisconsin or in state court in Milwaukee County, Wisconsin.
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 discussion 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.
How can I give you feedback or contact you?
You may contact us via email or phone. Our Customer Care team is available by phone 9am CT – 4pm PT, Monday through Friday 1-503-852-1065 or email at email@example.com. Comments or questions can also be sent to us via postal mail, and we will use reasonable efforts to promptly review and respond as appropriate:
Booster Batteries, Inc, 3663 Holly Dr, Hood River, OR 97031
IMPORTANT LITHIUM BATTERY SAFETY INSTRUCTIONS & WARNINGS
You must read these safety instructions and warnings before using or charging your batteries. If you do not agree with these conditions, you must return the battery immediately to the seller before use.
Lithium Polymer and Li-ion batteries are volatile. Failure to read and follow the below instructions may result in fire, personal injury and damage to property if charged or used improperly. By purchasing Booster Batteries, Inc Lithium Polymer and Li-ion batteries, the buyer assumes all risks associated with lithium batteries.
Li-Ion and Polymer battery & packs may explode and cause fire if misused. All persons performing the installation of Booster Batteries for their intended use must be experienced professionals and assume all responsibility for proper installation, as well as have the capability to provide services in the event of an emergency.
1. When charging Battery Pack, put the battery in a fire proof container. Don’t leave battery pack and charger on wood or carpet, or leave it unattended.
2. Keep Li-Ion & Polymer battery packs away from children.
3. Never make wrong polarity connection when charging and discharging battery packs. Always double check polarity of battery’s connector to ensure proper polarity. Always check first with a Volt-Ohm multimeter.
4. Lithium batteries have a cycle life, replace old batteries with new ones when they reach the end of their service life or when two years old, whichever occurs first.
5. Testing battery condition is your own responsibility. Test the lithium battery received before using to ensure battery can be operated properly and safely. Refer to the UL safety test standard for lithium batteries and packs. For more information, contact Underwriters Laboratories directly.
General Guidelines and Warnings
1. Use specific Lithium Polymer/Li-ion charger only. Do not use a NiMH or a NiCd charger- Failure to do so may a cause fire which may result in personal injury and/or property damage.
2. Never charge batteries unattended. When charging lithium batteries you should always remain in constant observation to monitor the charging process and react to potential problems that may occur.
3. It is your responsibility solely to ensure that the charger you are using to charge the batteries works properly. Always monitor charging process to assure batteries are being charged properly. Failure to do so may result in fire.
4. If at any time you witness a battery starting to balloon, swell up, smoke or hot, discontinue charging process immediately, disconnect the battery and observe it in a safe place for approximately 15 minutes.This may cause the battery to leak, and the reaction with air may cause the chemicals to ignite, resulting in fire.
5. Since delayed chemical reaction can occur, it is best to observe the battery as a safety precaution in a safe area outside of any building or vehicle and away from any combustible material.
6. Wire lead shorts can cause fire! If you accidentally short the wires, the battery must be placed in a safe area for observation for approximately 15 minutes. Additionally, if a short occurs and contact is made with metal (such as rings on your hand), severe injuries may occur due to the electrical conductibility of metal.
7. A battery can still ignite even after 10 minutes.
8. In the event of a strong jolt to the battery, such as from a vehicle crash, you must remove battery for observation and place in a safe open area away from any combustible material for approximately 15 minutes. Never drop the batteries.
8. If for any reason you need to cut the terminal wires take care to cut each wire separately to ensure the wires to not touch each, otherwise or a short may occur and potentially cause a fire.
9. Never store or charge battery pack inside inside a closed space during extreme temperatures, since extreme temperature could ignite a fire.
1. Never charge batteries unattended.
2. Put battery in the fireproof container and charge in an isolated area, away from other flammable materials. Always have fire extinguisher for emergency use.
3. Let battery cool down to ambient temperature before charging.
4. Do not charge batteries packs in series. Charge each battery pack individually. Failure to do so may result in incorrect battery recognition and charging functions. Overcharging may occur and fire may be the result.
Storage & Transportation
1. Store battery at room temperature between 40 and 80 degrees F for best results.
2. Do not expose battery pack to direct sunlight (heat) for extended periods.
3. When transporting or temporarily storing in a vehicle, temperature range should be greater than 20 degrees F but no more than 150 degrees F.
Storing battery at temperatures greater than 170 degrees F for extended periods of time (more than 2 hours) may cause damage to battery and a possible fire.
Batteries that lose 20% of their capacity must be removed from service and disposed of properly. Discharge the battery to 3V/Cell, making sure output wires are insulated, then wrap battery in a bag for disposal.
Product warranty is limited to original defects in material and workmanship. Warranty does not cover collateral damage. Misuse, abuse, incorrect charging and other inappropriate use of this product are not covered under warranty.