TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Battery Geek. The collective work includes works that are licensed to The Battery Geek. Copyright 2003, The Battery Geek ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Battery Geek or purchasing The Battery Geek products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Battery Geek or to purchase The Battery Geek products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Battery Geek. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of The Battery Geek used in the site are trademarks or registered trademarks of The Battery Geek

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Battery Geek disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Battery Geek does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Battery Geek does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
The Battery Geek shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Battery Geek has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a The Battery Geek product is mistakenly listed at an incorrect price, The Battery Geek reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Battery Geek reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Battery Geek shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Battery Geek without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
The Battery Geek may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Battery Geek.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Battery Geek products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Battery Geek products) must be commenced within one (1) year after the claim or cause of action arises. The Battery Geek's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Battery Geek may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Battery Geek or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
The Battery Geek does not and cannot review all communications and materials posted to, or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Battery Geek is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Battery Geek reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Battery Geek in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless The Battery Geek, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, The Battery Geek may link to sites operated by third parties. However, even if the third party is affiliated with The Battery Geek, The Battery Geek has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Battery Geek. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Battery Geek seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Orders, Price and Payment
Payment for the Products shall be made in full before delivery of the Products to customer.  Customers shall under no circumstances or for any reason whatsoever, make deductions set-off or withhold payments for the Products.

Unless otherwise stated, Battery Geek prices do not include import or export fees, duties, tariffs, or other charges.  Any such charge will be shown in the customer invoice.  All costs incurred for shipping and handling will be borne by Customer.

Products
Battery Geek Inc. reserves the right to revise and or discontinue products at any time without notice.  Revised or updated products may differ but will have the functionality and performance of the products ordered.  Battery Geek Inc. also reserves the right, at its sole discretion, to substitute a product of similar or greater functionality, and price.

Shipping and Delivery
Battery Geek shall deliver the Products to the place of delivery designated by Customer and agreed to by Battery Geek as evidenced in Customer's invoice. Battery Geek may, deliver the Products by installments in any sequence. In such case, each installment shall be treated as a separate contract and no default or failure by Battery Geek in respect of any one or more installments shall vitiate the Contract in respect of Products previously delivered or undelivered Products. Any delivery dates quoted by Battery Geek are approximate only and shall not form part of the Contract. Battery Geek shall endeavor to meet the delivery date but will not be liable for any delay in delivery of the Products, howsoever caused.  If Customer fails to take delivery of the Products or any part of them tendered in installments, or fails to provide any instructions, documents, licenses, consents or authorizations required to enable Battery Geek to make delivery on the due date, delivery shall be deemed to have taken place and Battery Geek shall be entitled upon giving written notice to Customer, to store or arrange for storage of the Products, whereupon risk in the Products shall pass to Customer, and Customer shall pay to Battery Geek all costs and expenses (including storage and insurance charges) arising from its failure-refusal. Rescheduling of delivery, change or cancellation of orders are all subject to Administrative charges as shall be determined by Battery Geek.

Acceptance of Products
The Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract, unless Customer notifies Battery Geek to the contrary on the day of delivery and such notification is confirmed in writing within two days. Customer shall not be entitled to withhold payment of all or any of the price of the Products while any claim is being investigated by Battery Geek.

Return Policy

All returns must be accompanies by an Original Invoice, AND Return Merchandise Authorization (RMA) Number.  To get an RMA #, please fill out an online RMA request form by visiting www.batterygeek.net/rma. Once you have provided Battery Geek with the appropriate information we will contact you with return instructions.

All products purchased through us can be returned for a refund or exchange within 30 days of purchase.  See conditions below:

• NO refunds given after 30 days from date of purchase.
• All products returned for refund are subject to a 20% restocking fee.
• All products returned for refund must be in NEW/UNUSED/RE-SALEABLE condition, otherwise an additional 20% restocking fee will apply.  However, we reserve the right to refuse any returns that are in a damaged condition caused by any misuse or mishandling.   [New/Unused/Re-saleable: shrink-wrap in tact, twist-ties on cables, all parts included, clean, & intact, product in working order]
• All materials such as manuals, accessories, and cables must be included.  If any of these materials are missing, your account will be billed accordingly. 
• Pack Returns Carefully: Customer must pack defective/returned items as if they were new and working. Failure to do so may invalidate both the RMA and the warranty. We are not responsible for goods that are damaged during shipment or misused/abused by the customer/carrier.
• Returns must be shipped freight prepaid.  Products received freight collect, without an RMA #, not approved for return, or in anyway not meeting the above criteria, will be refused.
• Shipping costs are NOT refundable.
• There is no restocking fee for exchanges or in-store credits providing that the above conditions are met.
• Any batteries with any modifications made to them that were not made by our factory will automatically invalidate their warranty and will not be accepted for return or exchange.
• We will directly refund your credit card or PayPal account after receiving your return within 30 days of receiving your return.
• DOA/Defective products can be returned for REPLACEMENT ONLY.  See Warranty Information, below.
• RMA # are good for 30 days only. Any products returned after the RMA expiration date will be refused.
• Products returned with expired warranty, can be repaired at buyers expense.  We cannot replace products with expired warranties.
• Once an order is confirmed, or payment is completed, there will be a 5% cancellation fee for any order cancellation.

Warranty Information

Defective products under warranty can be returned for warranty service. All products purchased through us have a 1year limited warranty.  The limited warranty on all products purchased from us begins on the date of the packing slip or invoice. The warranty period is not extended if we repair or replace a warranted product or any parts.

What is covered by this limited warranty?

This limited warranty covers defects in materials and workmanship in your products purchased through us.

What is not covered by this limited warranty?

This limited warranty does not cover problems that result from:

• External causes such as accident, abuse, misuse, or problems with electrical power
• Servicing not authorized by us.
• Usage that is not in accordance with product instructions
• Failure to follow the product instructions or failure to perform preventive maintenance
• Problems caused by using accessories, parts, or components not supplied by us.
• Products with missing or altered Service Tags or serial numbers
• Products for which we have not received payment.

What do I do if I need warranty service?

First, please fill out our online RMA# Request Form by visiting www.batterygeek.net/rma.   After you fill out and submit your RMA# request form,  we will respond within one business day for with your
RMA # and specific return instructions.

After you receive your RMA #, you must

• Return the product to us in its original or equivalent packaging.
• Prepay shipping charges, and insure the shipment or accept the risk if the product is lost or damaged in shipment.

What will we do?

During the warranty period, we will repair any Batterygeek.net purchased hardware products returned to us that prove to be defective in materials or workmanship. If we are not able to repair the product, we will replace it with a comparable product that is new or refurbished.  Replacement parts and systems are covered for the remaining period of the limited warranty for the product you bought.

We will return the repaired or replacement products to you. We will pay to ship the repaired or replaced products to you if you use an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, we will ship the product after all of your actual freight charges have been pre-paid and collected.

What if product is not covered under Warranty?

Products returned with an expired warranty, can be repaired at buyers expense.  We cannot replace products with expired warranties.  Additionally, if we determine that the problem is not covered under this warranty, we will notify you and inform you of service alternatives that are available to you on a fee basis. We use new and refurbished parts made by various manufacturers in performing warranty repairs and in building replacement parts and systems.

Here are some more details of our Warranty return policies & return procedures:
All warranty return products must be still under warranty.

• Shipping charges are non-refundable.
• All returns must be in original factory cartons with all original packing materials.
• All miscellaneous materials such as manuals, accessories and cables must be included or you will be billed for the missing parts accordingly.
• Returns must be shipped freight prepaid. Any return sent back freight collect will be refused.
• Return authorization must be received within 30 business days from the date of the RMA or the return will be refused.
• Pack Returns Carefully: Customer must pack defective items being returned as if they were new and working. Failure to do so may invalidate both the RMA and the warranty. We are not responsible for goods that are damaged during shipment or misused/abused by the customer/carrier.
• Replacement RMA items will be shipped back to Customers via FedEx Ground only. Express and overseas shipping is subject to an additional cost to the customer.
• All replacement items will be shipped after we have received and processed your defective return.
• All credits will be made back to the original payment method.
• If a package arrives damaged, it is best if you refuse the package. If you sign for and keep the package, please make sure you notate the damage when you sign for it so that we may file a claim with the carrier in the event that the actual product you ordered was also damaged.
  

Return Procedures: In order to return your product(s) please fill out the online RMA form at www.batterygeek.net/rma, complete the online form and just wait up to one business day for us to get back to you with your RMA # and specific return instructions.