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BatMax Corporation has made every effort to ensure
the accuracy of the content of the web site and manuals.
However, it is possible that it may contain technical inaccuracies
or typographical or other errors (Several parts of the web
site that are translated from foreign language). BatMax
Corporation will assume no liability for any inaccuracy
found in the web site, documentation's, packaging, photos,
images, graphs, manuals, advertising, promotional material,
publications, nor for any damages, direct, indirect, incidental,
consequential or otherwise, that may result from such an
inaccuracy, including without limitation loss of data or
profits.
BatMax Corporation and their distributors
assume no liability for losses or third party loss claims
based on the product installation. BatMax Corporation
and their distributors assume no liability for damages or
losses caused by installation, or as result of malfunction,
empty rechargeable battery, or repairs.
Please note the warranty disclaimer of the individual
manufacturers.
Please
ensure that all important data is backed up on other media
in order to prevent data loss.
End users must notify the supplier within one year of delivery
of any deficiencies of the product, including the manual
and other documents. When a defective item is replaced,
the defective item must be returned.
If the defect cannot be corrected satisfactorily, the owner
can choose to withdraw from the contract. You can not assume
the defect rectification process to have failed until the
distributor has had a reasonable time to rectify the defect
or replace it.
Important: The information regarding the liability
shown on BatMax
web site concerning the warranty constitutes the entire
warranty. By using the product you accept this warranty.
Please store this product away from children.
Please note that BatMax’s
distributed products are designed solely for the intended
purpose as described in the web site or manual. if you have
any questions please contact the BatMax’s
customer service or your specialist dealer.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, BATMAX
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES
IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY
BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH
NOT THROUGH BATMAX. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION
ALONG WITH THE PRODUCTS
FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS
OF PRODUCTS AVAILABLE THROUGH THE SITE. THE CONTENT ON THE
SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
BATMAX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF
THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT,
PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY
SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR
OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. BATMAX DOES
NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL
BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CELLULAR PHONE,
ELECTRONIC DEVICE, COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SOME ITEMS MAY COME WITH A MANUFACTURER¹S WARRANTY,
WHICH WILL VARY FROM PRODUCT TO PRODUCT. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL
BATMAX, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY
FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR
OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE
OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE
STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED
ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR
YOUR PASSWORD, EVEN IF BATMAX IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU.
Examination and Reporting liability
It
is the customer's responsibility to examine the product
and ensure that there are no items missing or damaged.
Damaged or missing items must be reported in written form,
within four weeks after delivery.
If the customer does not report any missing or damaged items
within the specified time period then the goods are considered
to be approved by the customer.
Attention: This product is not to edible !
Avoid contact with the skin or hair – the glue may
cause an allergic reaction.
Avoid eye contact – if the foil touches your eyes
please seek medical attention immediately.
Liability
is excluded for misuse or abuse of the product – the
user is liable for subsequent resulting losses.
Representations and Warranties
You represent and warrant that: a. you
are over the age of 18 and can form a legally binding contract
under applicable law. b. you have provided
and will continue to provide only true, accurate, current
and complete information about yourself when filling out
the BatMax
checkout form (the "Form"). The billing address
you provide to BatMax
on the Form must and should be the address and phone number
your credit card bank has on file for you. c.
you are not using the BatMax
service for any improper purpose, and you will act in good
faith in your relationship with BatMax.
d. you have sufficient authority, if you
are purchasing on behalf of a company, to bind that company
to these Terms.
User Conduct
You understand and agree that all Content is the sole responsibility
of the person from whom that Content originated, which means
you are responsible for all Content you post or transmit
via the Site. You agree that you will not use the Site in
any way to: a. transmit any Content that
is harassing, unlawful, defamatory, abusive,
threatening, obscene, harmful, tortuous, invasive of another's
privacy or right of publicity, or that infringes any copyright,
trademark, trade secret, patent or other proprietary right,
or that is otherwise objectionable; b.
transmit viruses or other harmful, disruptive or destructive
files, codes or programs; c. violate any
local, state, national or international law or regulation
or transmit any Content that you do not have the right to
disseminate under law, or contractual or fiduciary relationships;
d. interfere with, disrupt or harm in any
way the Site or servers or networks connected to the Site;
e. collect or store personal data about
other users; f. harm minors in any way.
g. transmit any unauthorized advertising,
promotional materials, spam, or other type of unsolicited
mass-e-mail to any party who has not agreed to be part of
such mailings.
Information Provided by You
BatMax
respects the privacy of its users. To view our privacy
policy click this the link here Privacy.
For more details, please contact us directly or via email
at info@batmax.com.
Orders,
Payment Terms
You
agree that your placement of an electronic
order on the BatMax site is sufficient
to satisfy the Statute of Frauds, and no further writing
is required. Terms of payment are within BatMax’s
sole discretion, and unless otherwise agreed by BatMax,
payment must be received by BatMax prior
to BatMax’s acceptance of an order.
BatMax may accept payment via Visa, MasterCard,
Discover and American Express (other credit or debit cards
may be added at BatMax’s sole discretion).
Orders are not binding until the order is accepted by BatMax.
BatMax may need to verify any information
you provide before BatMax
accepts an order, and may cancel or limit an order any time
after it has been placed. BatMax
expressly conditions it acceptance of your order on your
agreement to the Terms. Invoices are due and payable within
the time period indicated on the invoice. You agree to pay
interest on all past-due sums at the highest rate allowed
by law.
Returns, Refunds and Exchanges Conditions
Merchandise purchased on the Site may be returned at consumers
own expense via confirmed delivery within 30 days of purchase
after that date, BatMax will not under any circumstance
refund or exchange any purchase. All merchandise
must have original package receipt and all merchandise tags
attached in order to request a refund or exchange. All returned
merchandise must be in "as-new" condition to be
eligible for refunds. All refunds are subject to BatMax
consideration and approval. Refunds are issued in the same
tender as the original purchase. BatMax
will not reimburse for shipping and handling charges under
any circumstances. Please send your package with a copy
of your original invoice and include a brief description
of your request (i.e. refund or exchange) to:
BatMax
Corporation
Miami FL
USA
Checkout Process
In placing an order, you
agree to provide only true, accurate, current and complete
information during the checkout process, and agree to update
that information to keep it true, accurate, current and
complete. BatMax shall have the right to
bar your access to the Site if it has reasonable grounds
to believe that you have provided untrue, inaccurate, not
current, or incomplete information to BatMax.
Canceling
& Changing Your Orders
For orders that have yet to ship, you will be able
to review the order total, shipping address, payment method,
and item availability by contacting BatMax.
For orders that have already been shipped, you can confirm
the date and method of shipment, an estimated date of arrival,
and a tracking number, only if applicable. As long as your
order or merchandise from BatMax
has not yet entered the shipping process, you can change
the details via telephone. Please note that you can make
changes only to orders from BatMax
that have not yet entered the shipping process. Due to the
volume of packages we ship each day, it is impossible to
locate and make changes to a single package once it has
entered the shipping process. BatMax
will not reimburse for shipping and handling charges once
the order has entered the shipping process.
Shipping
Unless
otherwise noted, BatMax
will make best efforts to ship merchandise within 7 to 10
days of the receipt of a properly completed order. However,
any delivery or shipment date provided by BatMax
to you is BatMax's
good faith estimate. You understand that product availability
may be limited and particular products may not be available
for immediate delivery. BatMax
shall not be liable for any loss, damage, cost or expense
related to any delay in shipment or delivery. Title to any
product and risk of loss passes from BatMax
to you on shipment from BatMax’s
facility.
Charges
You will be charged separately for shipping and
handling, and all shipping and handling charges will appear
on the checkout form when you submit an order. Pricing and
Sales Tax Prices are subject to change at BatMax
discretion. If a discrepancy arises between the price quoted
on the Site and on the checkout page, the latter will prevail.
In the event a product is listed at an incorrect price due
to a typographical or other error, BatMax
shall have the right to refuse, cancel or limit any order
placed for products listed at the incorrect price, whether
or not an order confirmation has been sent and/or payment
has been made. If payment has already been made and your
order is canceled or limited, BatMax
shall refund any payment you made for any item that will
not be shipped due to cancellation or limitation of an order
in the same tender as the original purchase. BatMax
shall automatically charge and withhold the applicable sales
tax for orders to be delivered to addresses within California.
You are solely responsible for all sales taxes, or other
taxes, on orders shipped to any other state.
Indemnification
You agree to indemnify and hold harmless BatMax,
its parents, subsidiaries, affiliates, officers, directors,
agents, employees, co-branders or other partners, and suppliers,
from any claim, demand, action or damage, including reasonable
attorney's fees, made or incurred by any third party arising
out of or related to your use of the Site, any Content you
transmit via the Site, or your violation of the Terms.
Changes to the Terms
BatMax
reserves the right, in its sole discretion, to change, modify,
add or remove any portion of the Terms in whole or in part,
at any time. Changes in the Terms will be effective when
notice of such change is posted on BatMax's
homepage. Your continued use of the Site after any changes
to the Terms are posted will be considered acceptance
of those changes. You should periodically check the "Terms
& Conditions" link
on BatMax's homepage to view the then current
Terms. Changes to the Site BatMax may,
in its sole discretion, terminate, change, suspend or discontinue
any aspect of the BatMax Site, temporarily
or permanently, including the availability of any features
of the Site or access to any parts of the Site, at any time
without notice to you, and you agree that BatMax
shall not be liable therefore.
Termination
You agree that BatMax,
in its sole discretion and at any time without notice to
you, may terminate your use of the Site, including without
limitation, your password and account, and may remove or
delete any Content on the Site or within your account, including
Content you have provided to BatMax
or transmitted through the Site. You further agree that
BatMax
shall not be liable for any termination of your use of or
access to the Site. In the event of any termination of the
Terms, or your use of or access to the Site, you agree that
the provisions regarding Intellectual Property Rights, Indemnification,
Disclaimer of Warranties, Limitations of Liability, and
General shall survive any such termination. Storage of Content
You agree that BatMax
may establish, in its sole discretion and without prior
notice to you, a maximum amount of storage space that it
will maintain for Content transmitted through the Site,
and you agree that BatMax
has no responsibility or liability for the deletion or failure
to store any messages, communications or other Content transmitted
through the Site. Your Contact With Third Parties Your dealings
or communications through the Site with any party other
than BatMax
are solely between you and that third party, and BatMax
does not make any representations or warranties with respect
to any goods, services or information which may be obtained
from such third parties and BatMax
shall not be liable therefore.
Links
The Site, or third parties
on the Site, may provide links to other sites and/or resources
over which BatMax has no control, and BatMax
shall not be liable for the content, advertising, products
or other materials available through such other sites or
resources.
No Reselling of Services on the Site
You agree not to sell, resell, reproduce, duplicate,
copy or use for any unauthorized purposes any portion of
the Site, or use of or access to the Site.
International Users
This Site is controlled, operated and administered
by BatMax
from its offices within the United States of America. BatMax
makes no representation that materials on the Site are appropriate
or available for use at other locations outside of the United
States and access to them from territories where their contents
are illegal is prohibited. You may not use the Site or export
the Content in violation of U.S. export laws and regulations.
If you access this Site from a location outside of the United
States, you are responsible for compliance with all local
laws.
Choice of Law and Forum
The laws of the State of Florida shall govern
the Terms, without giving effect to its conflict of laws
provisions. Any claim or controversy arising in any way
out of or relating to the Terms shall be filed in a court
of competent jurisdiction sitting in Dade County, City of
Miami, Florida, USA. Both parties consent to exclusive jurisdiction
in that county.
Language
It is the express wish of the parties that the
Terms and all related documents have been drawn up in US
English. C'est la volonté expresse des parties
que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
Except as explicitly stated otherwise, notice
to BatMax shall be given by postal certified
mail to BatMax Corporation, Attn: Legal
Department and notice to you shall be given by an e-mail
sent to the address you provided during the checkout process
or through a general notice posted on BatMax’s
homepage. In addition, BatMax may give
you notice by certified mail to the postal address provided
during the checkout process. Postal notice shall be deemed
given 3 days after the date of mailing. E-mail notice shall
be deemed given 24 hours after the e-mail is sent, unless
the sending party is notified that the e-mail address is
invalid.
Attorney’s Fees and Costs
You agree to pay reasonable attorney’s fees
and costs incurred by BatMax
in any action or proceeding brought against BatMax
by you, (the consumer, user or customer), in the event that
BatMax
prevails in such claim or action.
The
Terms constitutes the entire agreement between BatMax
and you with respect to your use of the Site. Any cause
of action you may have with respect to the Site must be
commenced within three (3) months after the claim or cause
of action arises, notwithstanding any statutes of limitations
to the contrary. If for any reason a court of competent
jurisdiction finds any provision of the Terms or portion
thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent
of the parties as reflected by that provision, and the remainder
of the Terms shall continue in full force and effect. Any
failure by BatMax
to enforce or exercise any provision of the Terms or related
right shall not constitute a waiver of that right or provision.
The section titles used in the Terms are purely for convenience
and carry with them no legal or contractual effect.
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