These terms constitute a binding contract between you and all persons you represent (and for the purposes of these Conditions of Use, "person" includes all natural persons and any type of incorporated or unincorporated entity). Person acknowledges agreement and acceptance of these Conditions of Use by making a purchase, placing an order or otherwise shopping on BattPit (the "Website"). These conditions of use are subject to change without prior notice, except that the Conditions of Use posted on the Website at the time Person initially places or modifies an order will govern the order in question.
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. BattPit reserves the right to request proof of identification and age.
Prices are listed in our Website and are subject to change without notice. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement.
BattPit cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Battpit does not warrant that the content of the Website including, without limitation, product descriptions, cross-referencing or photographs, is accurate or complete.
BattPit reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian or US dollars.
We collect sales and use taxes for sales shipped to the province of British Columbia. Additional provinces may be added without notice. All orders that are shipped within Canada will be charged the GST tax. We shall not be liable for handling or customs charges for shipments outside of Canada.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY BATTPIT TO THE FULLEST EXTENT PERMITTED BY LAW.
NEITHER BATTPIT.COM NOR ITS AFFILIATES WILL 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. NEITHER BATTPIT.COM NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. PERSON AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY BATTPIT.COM OR ITS AFFILIATES, NEITHER BATTPIT.COM NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY PERSON FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use BattPit only with involvement of a parent or guardian. BattPit and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may submit suggestions, ideas, comments, questions, or other information ("Submissions"). If you send Submissions to BattPit or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to BattPit and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of BattPit or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of BattPit and its successors, assigns and licensees.
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN BRITISH COLUMBIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND PROVINCIAL COURTS LOCATED IN BRITISH COLUMBIA, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. PERSON HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT LU BATTPIT'S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE PERSON IS DEPENDENT ON THIS PROVISION.
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. BattPit will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, BattPit or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
All items purchased from BattPit are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
