Last Updated on January 2, 2004
Please read the Terms of Purchase carefully before completing
your purchase
The terms and conditions
set out below, together with the general Terms and Conditions
of Use for this web site (the “Site”),
are the terms of purchase that apply to your online purchases
of products from Electrovaya Inc. (“Electrovaya”)
through this Site (the “Terms of Purchase”).
Please read the Terms of Purchase carefully before purchasing
a product from Electrovaya through this Site. By making
a purchase, you are confirming that you have read the Terms
of Purchase and that you agree to be bound by the Terms
of
Purchase. The Terms of Purchase are subject to change without
notice, therefore you should always read the Terms of Purchase
before making a purchase. In the event of any conflict
or inconsistency between the Terms of Purchase and any
terms,
rules, policies or guidelines posted elsewhere (and, to
the extent applicable, all other terms and conditions made
available
to you (in any manner or form) in connection with any products
or services purchased online on this Site), the Terms of
Purchase shall be the governing terms.
The products offered by Electrovaya are available for purchase
by you, subject to availability. You agree to provide us
with all information, including credit card information,
required to complete the transaction of paying for your Products
and/or Services.
Payments may only be made using a credit card. You authorize
us to charge purchases and ongoing charges to the credit
card that you provide when you purchase any products. The
credit card holder/user must be the same person as the name
printed on the card (owner of the card and account), and
the credit card holder must be available to sign for the
shipment upon delivery. All credit card fraud will be pursued
and enforced to the fullest extent of the law.
All prices listed on the Site are quoted without shipping
charges. Prices and specifications are subject to change
without notice, therefore you should always check prices
before making a purchase.
Unless otherwise stated herein, the prices listed on the
Site do not include customs duties or sales, use, excise,
or other similar taxes. You may be required to pay, in addition
to the prices quoted, the amount of any present or future
customs duties or sales, use, excise or other similar tax
applicable to the merchandise covered by this Agreement.
If Electrovaya is unable to immediately fill your entire
order, the balance of the shipment will be placed on back
order. Products in stock will be sent immediately unless
you otherwise specify. If you wish to cancel a back order,
you must do so prior to shipping, as all pending back orders
will be automatically shipped upon their availability. All
cancellations of back orders prior to shipment are subject
to a administration fee equal to 10% of the price of the
back order.
Once your order has
been placed with us, you will be given a confirmation via
e-mail. Once your order has been shipped,
you will be provided with the carrier’s tracking
number so that you may track your order during shipping.
If there
is a problem with your order, we will contact you via e-mail.
All deliveries are subject to the policies and procedures
of Electrovaya, which policies and procedures are subject
to change without prior written notice. Any estimated delivery
date provided is approximate only, and Electrovaya shall
not be liable for or held in breach due to any delivery
made before or after the estimated delivery date. Please
note
that Electrovaya will assume that you have received each
e-mail, unless and until you notify Electrovaya to the
contrary.
If we ship in error the incorrect product, please contact
Electrovaya in North America at 1-800-388-2865, or outside
North America at 1-905-822-6573 within 72 hours of receiving
the incorrect product to arrange for pickup and re-shipment
of the correct product, at no charge to you.
Other than for damage
claims, which shall be handled as set out in Section 10.
Below, if you are not completely satisfied
with your purchase for any reason, you may return the product,
in “like new” condition within fifteen (15)
days of receipt for an exchange or refund. Return shipping
freight
charges are your responsibility. To return merchandise,
contact Electrovaya in North America at 1-800-388-2865,
or outside
North America at 1-905-855-4610 for a RETURN AUTHORIZATION
(R.M.A.) NUMBER and shipping instructions.
Refunds will be credited to the credit card that was used
at the time of the initial order. Once Electrovaya receives
the returned merchandise, please allow 1 to 2 billing cycles
for the credit to appear on your statement. The original
shipping and handling charges are non-refundable; tax will
be automatically calculated and refunded based on
the amount of the return.
All authorized returns will be
subject to a restocking fee as a percentage of the price
of each product to be returned as per the product type restocking
guidline below:
Restocking fee for PowerPad products: 25% of the product
price
Restocking fee for Scribbler products: 15% of the product
price
Restocking fee for PowerPad
and Scribbler accessories : 25% of the item price
All products are shipped using carrier-approved materials
and methods. All products are also carefully packed to
prevent damage during shipment. Nevertheless, damage may
occasionally
occur in transit. Any damage is the responsibility of the
carrier, not Electrovaya. Therefore, you must make all
damage claims to the carrier.
In case of damage, retain all cartons, packing materials
and damaged products for the carrier to inspect. Never refuse
shipment or return it without approval since your right to
make a damage claim may be denied. If the damage is apparent
upon receipt, you must accept the products and note the damage
and irregularities (such as crushed, torn or broken packing)
on the freight bill and have the driver sign it as verification.
If damage is not readily apparent at the time of arrival
(where the box is intact but the merchandise inside is damaged),
then you must report such damage to the carrier within one
(1) Business Day after receipt of shipment. After inspecting
the damaged products, the carrier will determine what course
of action to take. All disputes as to the settlement amount
or manner must be addressed with the carrier. Electrovaya,
under no circumstances, shall be liable for products damaged
in shipment or for subsequent settlement of the claim with
the carrier.
Please see our site-page at www.electrovaya.com/support/limited
warranty for our limited warranty, the terms and conditions
of which are incorporated herein.
You shall defend, indemnify and hold harmless each of Electrovaya,
its affiliates, and each of their officers, directors, employees
and agents from and against any and all claims, actions or
demands, including without limitation reasonable legal and
accounting fees, alleged to have resulted, or resulting from
your use of your online purchases of products from Electrovaya,
or for any breach of these Terms of Purchase.
These Terms of Purchase shall be governed by the laws of
the Province of Ontario and the federal laws of Canada applicable
therein, without reference to its conflict of laws principles.
Any and all claims,
disputes or controversies (whether in contract or tort,
pursuant to statute or regulation, or otherwise
and whether pre-existing, present or future) arising out
of a product purchased through this Site or from these
Terms of Purchase, or oral or written statements, advertisements
or promotions relating to these Terms of Purchase or to
such
a product; or the relationships which result from these
Terms of Purchase (including relationships with third parties
who
are not signatories to this agreement) (each, a "Claim"),
will be referred to and finally settled by private and
confidential binding arbitration before a single arbitrator
held in Toronto,
Ontario in English and governed by Ontario law pursuant
to the Arbitration Act, 1991 (Ontario), as amended, replaced
or re-enacted from time to time. The arbitrator shall be
a person who is legally trained (if reasonably practical,
who has experience in the battery field in Canada) and
is
independent of either party. If you have a Claim you should
give notice to arbitrate to us at the address found under
the Electrovaya contact information at the end of these
Terms of Purchase, c/o Vice-President, Finance. If we have
a Claim
we will give you notice to arbitrate at your address. You
hereby waive any right you may have to commence or participate
in any class action against Electrovaya related to any
Claim and, where applicable, you hereby agree to opt out
of any
class proceeding against us otherwise commenced.
Notwithstanding the foregoing, in respect of any matter
relating to the enforcement of intellectual property rights
and protection of confidential information, each party may
pursue remedies, including injunctive or other equitable
relief, through the courts, in which circumstance the parties
hereby agree to submit to the jurisdiction of the courts
of Ontario and to waive any objections based upon venue in
any such action, suit or proceeding.
The Terms of Purchase
(together with the Terms and Conditions of Use) constitute
the entire agreement between Electrovaya
and you with respect to the subject matter hereof, and
supersede all communications, representations or agreements,
either
oral or written, between Electrovaya or its affiliates
and you with respect to this subject matter. If for any reason
a court of competent jurisdiction finds any provision of
the Terms of Purchase or portion thereof to be unenforceable,
that provision shall be enforced to the maximum extent
permissible
so as to effect the intent of the Terms of Purchase, and
the remainder of the Terms of Purchase shall continue in
full force and effect. No waiver of any provision herein
shall be valid unless in writing and signed by an authorized
representative of both you and Electrovaya. Electrovaya
failure to insist upon or enforce strict performance of any
provision
of the Terms of Purchase or any right shall not be construed
as a waiver of any such provision or right. No changes
to the Terms of Purchase shall be made except by a revised
posting
on this page. The Terms of Purchase shall enure to the
benefit of Electrovaya and its affiliates. Any and all references
in the Terms of Purchase to Electrovaya and its affiliates
shall, where the context so permits, include Electrovaya’s
parent companies, sister companies, and their respective
subsidiaries, affiliates, directors, officers, employees,
contractors and agents. The headings contained herein are
for convenience only and shall have no legal or interpretive
effect. Additional terms and conditions may apply when
you use other services, affiliate services, third party
content
or third party software on or through a link provided on
the Site. Electrovaya may assign its rights and duties
under these Terms of Purchase to any party at any time
without
notice to you. You may not assign your rights and duties
under these Terms of Purchase to any party at any time.
The terms and conditions herein shall survive the completion
of performance, cancellation or termination of these Terms
of Purchase.
Should you have any questions regarding the Terms of Purchase,
you may contact Electrovaya at:
Customer Service
Electrovaya Inc.
2645 Royal Windsor Drive
Mississauga, Ontario
Canada L5J 1K9
or by sending an e-mail to customerservice@electrovaya.com
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