BY PLACING AN ORDER FOR
PRODUCTS FROM THIS LISTING, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THE
TERMS AND CONDITIONS WITHIN THIS LISTING.
________________________________________________________________________
DESCRIPTION
USED TOOL PACKS
NON-WORKING
OFFERED AS PARTS FOR REBUILDING OR REPAIRING
HIGH EXPACTATION THESE CAN BE REUSED
RETURNS ACCEPTED: Item can be returned within 30 days
of purchase date. (Some restrictions may apply see below for more
information.)
NO WARRANTY: Untested Item. Sold as is with no
warranty expressed or implied.
CONDITION OF ITEM: Item
is used and may have marks, nicks, writing, peeling, flaking, dents, wear,
tare, and blemishes unlike a new item or product.
PHOTOS: Photos used may be BattMech STOCK
PHOTOS. Your item may vary slightly. Please reference Part Numbers
to be sure your part number matches and is similar.
*DANGERS ASSOCIATED WITH THIS PRODUCT INCLUDE 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). USE AT YOUR OWN RISK!
________________________________________________________________________
Terms and Conditions Agreement
Within
this “Agreement”, you, the buyer, will be known as “Purchaser” and us, GlobalTech Environmental Corp. having a
division and a DBA known as BattMech, the seller of product(s) on eBay.com
will be known as “BattMech” for the purposes of this agreement. For purposes of
this Agreement, BattMech and Purchaser may be referred to individually as a “Party”
and collectively as the “Parties”.
DEFINITIONS:
Product(s). The item(s) offered by BattMech for sale on this website
being purchased by Purchaser on EBay.com and may also be referred to as “Item
or Items”.
1.
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, repairing and or using Product(s) offered by
BattMech. Purchaser undertakes in connection therewith Products offered
by BattMech including but not
limited to Battery Pack(s) or Module(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.
2.
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.
3.
Warranty. Purchaser
acknowledges and accepts this product comes with no warranty. No warranty has
been expressed or implied.
4.
Shipping and Handling; Return; Refund;
Replacement Policy. Purchaser
acknowledges and accepts the terms of any applicable Shipping and Handling, Return, Refund, and Replacement
terms for the Item which can be found below
in the section titled Shipping and
Handling; Return; Refund; Replacement Policy.
5.
ERRORS, INACCURACIES AND OMISSIONS. BattMech makes every effort to ensure that the
information offered in the description, in words or pictures, of this listing
is accurate and error-free. BattMech apologizes for any errors that may have been
stated. BattMech cannot give Purchaser any warranty that the description, in
words or pictures, of Item listed in this listing will be error-free or that errors
will be amended. Accuracy of description, in words or pictures, comes with no
warranty whatsoever, whether express or implied, relating to the item’s
description and Purchaser will indemnify,
defend, and hold harmless BattMech and its subsidiaries, affiliates, divisions,
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 errors and inaccuracies of the Product(s).
6.
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 affirms
they are trained in such areas and knowledgeable of such ways to properly use,
rebuild, reuse or rebuild any item Purchaser buys from BattMech from this
website.
7.
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.
8. 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 listing. All orders must
be accepted by BattMech, or BattMech will not be obligated to sell the Products
or services to Purchaser. BattMech may choose not to accept orders at our sole
discretion, even after we a confirmation with an order number and details of
the items you have ordered.
9.
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.
10.
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.
11. 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.
12. 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.
13.
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.
14.
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.
15.
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.
WARRANTY
This
Item comes with no warranty. No warranty has been
expressed or implied.
________________________________________________________________________
Shipping and
Handling; Return; Refund; Replacement Policy
SHIPPING:
· BattMech will ship your item purchased
using UPS Ground for most packages.
· Purchases will normally be mailed out
within 3 Business Days.
TRACKING: BattMech will issue a tracking
number/s for your package.
REPLACEMENT:
·
Request
for a replacement item must be made through eBay.
· BattMech will replace a defective item
upon request through eBay and only after the Purchaser returns the defective item.
· Item must be postmarked within 30-days
of original purchase date unless otherwise stated through communications on
eBay with BattMech.
· Return of the item for a replacement
and all costs associated with the return of item to be replaced are the Purchaser’s responsibility, unless otherwise
stated through communications on eBay with BattMech.
· A comparable item must be in stock and
verified by BattMech through eBay communication to the Purchaser prior to return. (This is so we
can set the replacment item aside for your return, unless otherwise stated
through communications on eBay with BattMech.)
· If item is replaced, replacements will
be issued for the same like item only, of the same value, unless otherwise
stated through communications on eBay with BattMech.
· Replacement NOT ISSUEDED if damage is done to any of the QR codes or
Stickers on BattMech Products.
· Replacement
NOT ISSUEED if what you return is not the original
product BattMech sent in its original condition.
· Replacement
NOT ISSUED if any module is charged or discharged in any
way prior to its installation into vehicle.
· Replacement
NOT ISSUED if any tamper sticker is void, removed, or
tampered with.
RETURN:
·
The
Purchaser assumes responsibility for the cost of
return, packaging, handling and shipping costs and/or fees to return the item
back to BattMech.
(Unless otherwise stated through communications on eBay between Purchaser and BattMech.)
·
All
returns must be submitted with the proper documentation.
·
We
cannot guarantee fast turnaround times but will try our best to do so.
·
Returns NOT
ACCEPTED if damage is done to any of the QR
codes or Stickers on BattMech Products.
·
Returns NOT ACCEPTED
if what you return is not the original product BattMech sent in its original
condition.
·
Returns NOT ACCEPTED
if any tamper sticker is void, removed, or tampered with.
RETURN ADDRESS: Return
your eBay purchase in the exact condition as the description stated in listing
to…
BattMech
100 West Hamilton Street
Fox Lake, WI 53933
USA
REFUND:
·
The
Purchaser assumes responsibility for all costs of
returning the item for refund including but not limited to, packaging,
handling, shipping costs, and fees. (Unless otherwise stated through
communications on eBay between Purchaser and BattMech.)
·
Refunds NOT
ISSUED if damage is done to any of the QR
codes or Stickers on BattMech Products.
·
Refunds NOT ISSUED
if what you return is not the original product BattMech sent in its original
condition.
·
BattMech will not reimburse you for any
lost time or credit you for time you put into a project where product does
not work for any reason.
·
Refunds NOT ISSUED
if any tamper sticker is void, removed, or tampered with.