INDEMNIFICATION, PURCHASE, and USE AGREEMENT
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
Within this “Agreement”, you, the buyer, will be known as “Purchaser” and us, GlobalTech Environmental Corp. having a division and/or DBA known as BattMech, the seller of Product(s) or services on www.BattMech.com, or from BattMech directly, will be known as “BattMech”. For purposes of this Agreement, BattMech and Purchaser may be referred to each individually as a “Party” and collectively as the “Parties”.
Both the Purchaser and BattMech, agree to the terms set forth below in connection with Purchaser’s purchase from www.BattMech.com, or from BattMech directly.
Definitions.
Core: Original battery modules/cells that are coming out of the battery case that need replacing. These can be either Lithium Ion (Li-Ion) or Nickel Metal Hydride (NiMH) chemistry types. These are Generation 2 or newer if NIMH and originally produced by Panasonic in Japan.
Battery Pack: New cells/modules purchased from BattMech by Purchaser, usually to replace core. The battery pack can consist of 20, 28, 34 or 40 cells/modules of Nickel Metal Hydride design.
NIMH: Nickel Metal Hydride Battery abbreviation
Bus Bar: Copper and or Nickel metal plate found on the orange electrical harness that connects to the battery terminals.
Product(s): The item(s) offered by BattMech for sale on this website or directly from BattMech being purchased by Purchaser.
- Disclaimer; Assumption of Risk; Waiver and Release. By entering into this Agreement, Purchaser acknowledges that there are certain dangers, hazards, and risks inherent in replacing and or using Product(s) offered by BattMech in a hybrid or electric vehicle and in all activities Purchaser undertakes in connection therewith Products offered by BattMech including but not limited to Battery Pack(s). BattMech does not provide installation or other services in connection with the Products, and therefore: (a) BattMech hereby disclaims any and all liability to Purchaser for, and Purchaser fully assumes all risk of, personal injury, death, or property damage arising out of or attributable to Purchaser’s use of the purchased Product(s) including, without limitation, Purchaser’s installation, removal, handling, or modification of such product(s); and (b) Purchaser waives and releases any and all claims on account of personal injury, death, or property damage against BattMech, its subsidiaries, affiliates, divisions, DBA’s, shareholders, officers, employees, and contractors, arising out of or attributable to Purchaser’s use of the purchased Product(s) including, without limitation, Purchaser’s installation, removal, handling, or modification of such Product(s). Notwithstanding the foregoing, the foregoing waiver and release does not extend to BattMech’s gross negligence or willful misconduct, or any other liabilities that Wisconsin law does not permit to be released by agreement.
- Indemnification. Purchaser agrees to indemnify, defend, and hold harmless BattMech and its subsidiaries, affiliates, division’s, DBA’s, shareholders, officers, employees, and contractors, from any and all liabilities, claims, actions, damage, losses, fines, penalties, costs or expenses of any kind, including, without limitation, reasonable attorney’s fees, arising from or in connection with Purchaser’s use and or handling of the Products.
- Payment Terms. All amounts due under this Agreement shall be billed and paid for: (a) at the time that Purchaser orders the Product and/or (b) at the time any added fees occur for such things like non-returns on battery cores. All fees payable to BattMech are payable in the currency specified online for each product or at the time purchase is made, or if no currency is specified, in United States Dollars. Payments are due at the time that Purchaser orders the Product (purchase is made) and, except as otherwise expressly specified herein, are non-cancellable and non-refundable. BattMech may charge Purchaser interest at a rate of 1.5% per month (or the highest rate permitted by law, if less) on all overdue payments for service(s) provided or for not returning a Core to BattMech within 30 days of receiving a product that requires a Core exchange to be returned to BattMech. Purchaser agrees to pay any sales, value-added or other similar taxes imposed by applicable law that BattMech must pay or collect on such fees, except those based on BattMech’s income. Invoices may be issued by an affiliate. If Purchaser is to pay by credit card, Purchaser will provide BattMech with valid and updated credit card information and authorizes BattMech to store such information and bill such credit card for all fees applicable: (i) at the time that you order the Product (time of check out) and/or (ii) at the time any added fees occur for such things like non-returns on battery Core or any other that may occur for various reasons. If BattMech should have to and chooses to seek legal remedy from Purchaser for unpaid payment owed to BattMech, Purchaser agrees to pay all legal fees including but not limited to attorney fees for BattMech to sue and pursue damages and recover loses and accrue no more loss because of a nonpayment.
- Limited Product Warranty. Purchaser acknowledges and accepts the terms of any applicable limited warranty for the Product which can be found here. (the “Warranty”).
- Core Return. a) Purchaser agrees to return and exchange core that Purchaser is replacing with new Battery Pack to BattMech. If the core is not returned within 30 days from purchase date, a fee of the amount you would have been billed for the make, model and year of the battery you purchased will be billed to Purchasers credit card on file. If no card can be billed for any reason an invoice will be sent via email and/or via mail to the address/es on file. BattMech will charge Purchaser interest at a rate of 1.5% per month (or the highest rate permitted by law, if less) on all overdue payments for not paying the core charge for an unreturned core within 30 days of receiving an invoice from BattMech and make Warranty void. b) Purchaser agrees to surrender all rights to the Core Purchaser exchanges in to BattMech and Core becomes property of BattMech once received by BattMech. Purchaser will have no rights to the Core once received by BattMech. If Purchaser exchanges Core and then returns Battery Pack purchased from BattMech within 30 days from purchase date, for any reason, BattMech may return Purchasers Core to Purchaser at BattMech's sole discretion. Purchaser understands and acknowledges BattMech is not responsible for any damage that may occur or may have occurred in the shipping processes of Core to BattMech or from BattMech. BattMech is not responsible for condition of the Core returned to Purchaser. If BattMech, at its sole discrection, returns Core to Purchaser, there is no guarantee that the Core will work for Purchaser or that it is the same Core sent to BattMech in exchange for purchasing Battery Pack. Purchaser makes no claim and has no claim Core was sent to BattMech in a working condition, especially since Purchaser is buying a Battery Pack to replace a Core. If Purchaser purchases a Battery Pack from BattMech and later finds that Battery Pack did not fix the Purchasers vehicle, the Purchaser is aware and understands fully that Purchaser has no claim to Core they exchanged for Battery Pack and that being without a Battery Pack or Core may leave Purchaser without a Battery Pack or a Core for Purchasers vehicle and that vehicle may not be operational with out a Battery Pack or Core. (30 Day Money Back Guarantee can found by clicking link here) (Shipping and Handling Policies can be found by clicking here). c) Purchaser is fully aware of Subsection b. of Section 5. Core Return, and is aware 30 Day Money Back Guarantee may be applicable to section 5 as well as Shipping and Handling Policies found on www.BattMech.com. d) Purchaser is responsible for shipping and handling fees associated with Core return to Purchaser if applicable and for sending a Core to BattMech and these fees are not BattMech's responsibility and are not refundable. (Core Return applicable to products where a Battery Pack is purchased, and a Core return is needed only)
- Bus Bar Return. Purchaser agrees to return old Bus Bars and replace them with new bus bars supplied and shipped to Purchaser from BattMech. Purchaser also agrees to return old Bus Bars with Core to BattMech within 30 days from purchase date, to validate that Bus Bars have been replaced by Purchaser. The non-return of old Bus Bars will void Warranty. (Only Applicable if buying battery pack from BattMech)
- Training. Items available from BattMech are intended for individuals who have been trained professionally to use, handle, or repair such an item and who understand the dangers associated with such an item including electrical dangers that may cause injury or death to Purchaser and or those around Purchaser. Purchaser agrees they are trained in such areas and knowledgeable of such ways to properly use any item.
- Personal Protective Equipment. Purchaser agrees to use proper personal protective equipment when working with, using and/or handling Product(s) purchased from BattMech. Working with High Voltage can cause injury or death and Purchaser is aware of these dangers.
- Order Acceptance and Cancellation: Purchaser agrees that making an order through this website is an offer to buy, under these terms, all products and services listed in the order. All orders must be accepted by BattMech, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Class Action Waiver. Any claim by Purchaser must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). Purchaser waives the ability to maintain or participate in any Class Action in any forum or form.
- Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, United States of America, without giving effect to any choice or conflict of law provisions or rules. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated under this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin each case located in the city of Madison and County of Dane and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.]
- Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained in this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party.
- Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. By checking and affirming that you agree to these terms in this agreement you are signing a copy of this Agreement and electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
- Legal Age. Purchaser must be 18 years of age or older, and able to form a binding contract with BattMech and to purchase BattMech products offered on BattMechs website or from BattMech in any manner. Purchaser herby certifies by purchasing a product or service from BattMech that Purchaser is indeed 18 years of age or older.
- Legally Binding Contract. This agreement is a legally binding contract. If you have any questions before moving forward with this agreement, please seek legal advice.
- Acceptance. By clinking the box or submitting the order to purchase products, Purchaser agrees to all the terms of the INDEMNIFICATION, PURCHASE, and USE AGREMENT.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
Within this agreement, you, the buyer, of a product, item, or service from www.BattMech.com, or BattMech directly, will be referred to as the “Purchaser” for purposes of this agreement. We, BattMech, the seller of products or services from www.BattMech.com, or from BattMech directly, will be known as BattMech.
- Indemnification. Purchaser agrees to indemnify, defend, and hold BattMech harmless from any liability, claim, action, damage, loss, fine, penalty, cost or expense, including, without limitation, reasonable attorney’s fees, of every kind or nature against BattMech or incurred by BattMech and arising directly or indirectly from or in connection with Purchaser’s use or need of any BattMech product and/or service, including but not limited to battery packs.
- Waiver for Damages and Risk. Purchaser understands that there are certain dangers, hazards, and risks inherent in replacing a battery pack, or using other products offered by BattMech in a hybrid or electric vehicle including, but not limited to personal injury, death, and property damage. Purchaser further understands that BattMech cannot and does not assume responsibility for any such personal injury, death, or property damage.
- Assumption of Risk. Notwithstanding the dangers, hazards, and risks involved, and in consideration Purchaser agrees to assume all the risks surrounding replacing a battery pack, or use of other products offered by BattMech in a hybrid or electric vehicle and in the activities Purchaser undertakes in connection therewith; and (ii) Purchaser release and forever discharge BattMech, its parent company, affiliates, trustees, officers, agents, employees, and anyone acting as employees, from any and all liability for any injury, damage, loss, cost or expense (including, without limitation, reasonable attorney’s fees) of any nature that Purchaser at any time have or incur, arising out of or in any manner related to any loss, damage, or injury, including but not limited to suffering and death, that may be sustained by Purchaser or by any property belonging to Purchaser.
- Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for at the time that Purchaser orders the Product (Time of Check Out) and/or (b) at the time any added fees occur for such things like non-returns on battery cores. All fees payable to BattMech are payable in the currency specified online for each product or at Time of Check Out, or if no currency is specified, in United States Dollars. Payments are due at the time that Purchaser orders the Product (Time of Check Out) and, except as otherwise expressly specified herein, are non-cancellable and non-refundable. BattMech may charge Purchaser interest at a rate of 1.5% per month (or the highest rate permitted by law, if less) on all overdue payments for service provided or for not returning a battery core to BattMech within 30 days of receiving a product that requires a core exchange to be returned to BattMech. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that we must pay on such fees, except those based on our income. Invoices may be issued by our Affiliate. If you pay by credit card, Purchaser will provide BattMech with valid and updated credit card information and authorizes BattMech to store such information and bill such credit card for all fees applicable: (a) at the time that you order the Product (Time of Check Out) and/or (b) at the time any added fees occur for such things like non-returns on battery cores or any other that may occur for various reasons. If BattMech should have to and chooses to seek legal remedy from Purchaser for unpaid payment owed to BattMech, Purchaser agrees to pay all legal fees including but not limited to attorney fees for BattMech to sue and pursue damages and recover loses and accrue no more loss as a result of a nonpayment.
- Core Charge for Battery Packs. Purchaser agrees to return and exchange old battery core made up of NIMH cells/modules or Li-Ion cells, depending on battery purchased, to BattMech. If core battery pack is not returned, a fee of $499 will be charged to Purchasers credit card on file. If no card can be billed for any reason an invoice will be sent via email and/or via mail to the address/es on file. BattMech will charge Purchaser interest at a rate of 1.5% per month (or the highest rate permitted by law, if less) on all overdue payments for not paying the core charge for an unreturned core within 30 days of receiving an invoice from BattMech.
- Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, United States of America, without giving effect to any choice or conflict of law provisions or rules. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated under this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin each case located in the city of Madison and County of Dane and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.]
- Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained in this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party.
- Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. By checking and affirming that you agree to these terms in this agreement you are signing a copy of this Agreement and electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
- Legal Age. Purchaser must be 18 years of age or older, and able to form a binding contract with BattMech and to purchase BattMech products offered on BattMechs website or from BattMech in any manner. Purchaser herby certifies by purchasing a product or service from BattMech that Purchaser is indeed 18 years of age or older.
- Acceptance. By clinking the box or submitting the order, you agree to all the terms of the INDEMNIFICATION, PURCHASE, and USE AGREMENT.
- Legally Binding Contract. This agreement is a legally binding contract. If you have any questions before moving forward with this agreement, please seek legal advice.