TERMS AND CONDITIONS OF SALE
Battery Builders, LLC
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by Battery Builders, LLC (BBI) and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. BBI’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
- All quotations are for immediate acceptance and subject to change or withdrawal without notice before an order is acknowledged by Seller. This proposal shall not become effective until accepted by an authorized employee of the Seller. This proposal cannot be changed or varied by any verbal agreement. If this proposal is deemed to constitute an offer, it may be accepted only on terms set forth in this proposal, including, without limitation, these Terms and Conditions. If this proposal constitutes an acceptance of an offer, such acceptance is expressly conditioned on Purchaser's assent solely to the terms of proposal, including, without limitation, these Terms and Conditions. An acceptance of any part of the Product(s) or services covered hereunder shall be deemed to constitute such assent. Any additional and/or different terms and conditions proposed by Buyer and/or any attempt by Buyer to vary any of these terms and conditions shall be deemed a material alteration and is hereby objected to and rejected.
- Unless otherwise agreed by Seller in writing, Seller’s prices are subject to change without advance notice at any time prior to order acknowledgment. The prices of the Products are those prices specified on the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation. If requested ship date is more than 90 days, BBI reserves the right to change pricing.
- All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that Seller accepts the purchase order. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as non-cancelable, non- returnable and the sale of such Products shall be subject to any special terms and conditions.
- The Seller reserves the right to change, discontinue or modify the design and construction of any product that is not already subject to an order, or to substitute material equal to or superior to that originally specified, without notice to the Buyer.
- All claims by Buyer for shortages in a shipment of Product or Product damaged in transit must be made against the carrier. All claims by Buyer against Seller for nonconforming Product and claims for shortages in a shipment or damaged Product (other than claims to be made against the carrier) must be made in writing to Seller within ten (10) days after receipt of shipment or thirty (30) days after date of shipment, whichever occurs first, or they are waived.
Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Buyer). A surcharge of 3% for credit card sales and 4% for sales via PayPal will be assessed except for sales shipped to these states: Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts and Oklahoma. Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted.
On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
Buyer cannot cancel orders under any circumstances without Buyer first reaching an agreement in writing or email with Seller. If Seller has incurred specific, non-refundable costs for the materials required in Buyer’s order, Seller has the right to request reimbursement for such expenses. When Seller is able to repurpose materials for other customer orders, no expenses would be charged to Buyer.
RETURNS, REFUNDS AND EXCHANGES
RETURNS: Only products originally shipped from BBI or from an authorized supplier (drop-ship) will be considered for return to BBI. By a Buyer requesting return of products to BBI, the Buyer certifies that the products were purchased from BBI and there has been no substitution of the product from another supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a BBI representative via a Return Material Authorization (RMA).
EXCHANGES: Any item for exchange must be in new, unused condition. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from BBI that have been used or altered and any items that have been sold as NC/NR will not be accepted for exchange.
RETURN FREIGHT / RESTOCKING FEE: BBI reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Buyer refund; see Returns and Restocking policy. BBI does not refund the original shipping and handling. Buyer is responsible for all return freight charges. BBI does not accept COD shipments.
REFUNDS: Upon receipt and inspection of returned item(s), BBI will advise of the refund status. In the case of factory warranty or failure analysis, BBI will issue any applicable credit pending manufacturer confirmation of failure. BBI initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.
HOW TO RETURN A PRODUCT
Contact BBI within 30 days of ship date of product(s) by calling (630) 851-5800 or emailing [email protected]. BBI will issue a Return Material Authorization (RMA) number. Product(s) must be returned within 14 days per instructions on where to return item(s) to with RMA number.
RETURNS AND RESTOCKING POLICY
Battery Builders, LLC
Only products originally shipped from BBI or from an authorized supplier (drop ship) will be considered for return to BBI. By a Buyer requesting return of products to BBI, the Buyer certifies that the products were purchased from BBI and there has been no substitution of the product from another supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a BBI representative via a Return Material Authorization (RMA).
PRODUCT RETURNS – RESTOCKING FEES
BBI reserves the right to charge cancellation and restocking fees, along with shipping and handling fees. The following guidelines are issued to customers. Contact your BBI sales representative for clarification.
BBI RETURN POLICY
BBI will charge a restocking fee of 10% of the original invoice. Considerations such as order quantity may impact approval of return and/or final restocking fee. BBI will charge customer for the original ship-to destination freight costs. Customer is responsible for logistics and cost of return shipping to BBI. BBI does not accept COD shipments.
Return must be reviewed and formally approved by BBI.
HOW TO RETURN A PRODUCT
Contact BBI within 30 days of ship date of product(s) by calling (630) 851-5800, emailing your assigned Sales Coordinator, or emailing [email protected]. BBI will issue a Return Material Authorization (RMA) number. Product(s) must be returned within 14 days per instructions on where to return item(s) to with RMA number.