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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.

GENERAL PROVISIONS

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

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.

CANCELLATION

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.


 

RETURN MERCHANDISE AUTHORIZATION 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 unused condition except if approved for failure analysis/warranty evaluation by a BBI representative via a Return Material Authorization (RMA).


INITIATING A RETURN
Contact BBI within 30 days of received date of product(s) by calling (630) 851-5800, emailing your assigned Sales Coordinator, or emailing [email protected]

ELIGIBILITY
Customers are eligible for returns within 30 days from the original received date. To qualify for a return, the industrial lead acid batteries must be unused and undamaged. Returns will only be accepted for manufacturing defects or if the wrong product was ordered or shipped. 

Orders placed in error or inaccurate information that was provided at the time of ordering to a customer service representative are subject to restocking fees and must be inspected for damage prior to authorization of any return credit. Shipping costs back to Battery Builders, LLC is at the customer’s expense through round trip freight and is non-refundable. 

RMA REQUIRED INFORMATION
When contacting Customer Service, customers are required to provide the following information:

  • Original Sales Order or Purchase Order Number
  • Reason for Return
  • Product Serial Number(s) [where applicable]
  • Photographic documentation of all four (4) sides and the top of the battery in addition to any damage or manufacturing defects. This must be received by customer service prior to shipment. If photographic documentation is not received prior to shipment, the customer will be responsible for any damage noted upon return inspection.

RMA APPROVAL
Upon receipt of the RMA request, Battery Builders, LLC will review the provided information. If the return is deemed eligible, an RMA number will be issued along with shipping instructions. Customers are advised not to return products without obtaining an RMA number, as unauthorized returns may not be processed.

PACKAGING REQUIREMENTS
Customers are responsible for securely packaging the industrial lead acid batteries or battery cells to prevent damage during transit. The RMA number must be clearly marked on the outside of the package. Failure to comply with packaging requirements may result in delay in processing the RMA or denial of the return.

SHIPPING COSTS
Customers are responsible for round trip freight fees associated with the return, unless otherwise specified by Battery Builders, LLC. Product(s) must be returned within 14 days per instructions on where to return item(s) to with RMA number. Battery Builders, LLC is not liable for any damage that may occur during the return shipping process.

INSPECTION AND EVALUATION
Upon receiving the returned industrial lead acid batteries or battery cells, Battery Builders, LLC will conduct a thorough inspection. If the product is found to have manufacturing defects or if the wrong product was ordered or shipped, a replacement or refund will be issued, as per the customer's preference.

RESTOCKING FEES
All returned Quick Ship batteries and battery cells are subject to a minimum 15% restocking fee. All returned custom batteries are subject to a minimum 25% restocking fee. 

REFUND OR REPLACEMENT
Refunds or replacements are subject to final review and approval. Refunds will be processed within 14 business days after the inspection is complete and the return is approved.

WARRANTY CONSIDERATIONS
Products returned under warranty will be subject to the terms and conditions of Battery Builders, LLC’s warranty policy.