TERMS & CONDITIONS

RELiON Battery – Order Terms and Conditions:

Welcome to RELiON Battery’s online ordering service.

For orders placed by dealers, distributors and OEM Manufacturers, please refer to our B2B Terms and Conditions of Sale: https://www.navico.com/legal/navico-group-btob-general-terms-and-conditions-of-sale.html

Please review these order Terms and conditions (these “Order terms”) Carefully before placing an order with us. THese order terms form a legal contract between the person placing an order on the website (“Customer”, “You” or “Your”) and Relion battery llc (“RELiON”, “WE”, “US” or “OUR”).

BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE, (a) YOU ACCEPT AND ARE BOUND BY THESE ORDER TERMS; (B) ARE AT LEAST 18 YEARS OF AGE (OR The AGE of majority in your jurisdiction of residence, if higher) and are able TO FORM A legally BINDING CONTRACT; and (c) Agree to comply with all laws and regulations applicable to you.

These Order Terms apply to all orders placed by any customer of RELiON on the https://www.relionbattery.com website (the “Website”). RELiON reserves the right, at its sole discretion, to modify or replace these Order Terms without prior notice at any time. Any changes to these Order Terms will become effective upon posting of revised terms. Your continued use of the Website after a posted change in these Order Terms will constitute your acceptance of and agreement to such changes.

Orders

You agree that your order is an offer to buy, under these Order Terms, all RELiON branded batteries (“Products” and each a “Product”) listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products. We may choose not to accept any orders in our sole discretion. We will send you a confirmation email with your order number and details of the items you have ordered after we receive your order. If you wish to make a purchase, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment information and shipping information, which is treated according to our Privacy Policy.

Contact Us

If you have any questions regarding your order, please contact us at [email protected].

Pricing; Payment Terms

Pricing for Products ordered by you from RELiON Battery (and associated shipping costs, taxes, and other costs) will be presented to you during the online ordering process. You acknowledge and agree to pay all amounts agreed to by you during the online ordering process.

RELiON Battery accepts the following payment methods for online orders: Visa, MasterCard, American Express and Discover. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by the payment company or financial institution; and (iv) you will pay charges incurred by you, including all applicable taxes, if any. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Shipments; Title and Risk of Loss

We will arrange for shipment of the Products to you. Currently, we only ship to the continental U.S. (i.e., the 48 contiguous U.S. states). We do not ship to Alaska or Hawaii, U.S. territories, or internationally at this time.

Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

RELiON’s Limited Warranty

RELiON’s limited warranty policy applicable to Products purchased from the Website is available at https://relionbattery.com/resource-center/warranty (“Warranty Policy”).

Return and Refund Policy

We will accept returns of the Products in accordance with these Order Terms for a refund of your purchase price, provided such return is made within 30 days of shipment and provided such Products are returned in their original condition.

You agree to incur the full return cost of Products to us, provided that RELiON will cover return costs in the event that the purchased Product is defective. You are responsible for shipping charges at full published rates for return shipping, even if you refused delivery or were unavailable for delivery at the time we delivered your order and its associated products to you. You bear the risk of loss during shipment of returned Products. Note that any returned Products must be shipped in compliance with DOT requirements that all persons shipping batteries to be Hazmat certified. You must contact RELiON before sending a return shipment. All returns are subject to a 5% restocking fee.

We recommend that you keep your original packaging to ensure your order’s safe return to us. If you choose to make a return, we strongly recommend that you fully insure your shipment and use a carrier that provides proof of delivery. Keep your tracking number for your return shipment at all times. You acknowledge that any failure to take these precautions for your return order is your sole responsibility and will not be a material breach of contract on our part.

To return Products to us, complete the return form found here https://relionbattery.com/resource-center/returns. After you have completed the return form for your order, we will email you with the additional steps that you need to take regarding your return shipment.

If, at any time, your return shipment arrives damaged to us, the return will be immediately refused, or will be held until you pay for return shipping or file for an insurance claim.

You acknowledge that you are solely responsible for return shipping and handling of any claim of a Product that is returned to us with shipping damage. This policy is non-negotiable, and there are no exceptions to this policy.

If, at any time, an order has been returned to us and you still want the order, you are responsible for the return shipping costs at the published rates before the product can be released to you. Additional shipping and other fees may apply for any secondary delivery.

Privacy Policy

All personal information that RELiON collects through this online ordering service is subject to its Privacy Policy available at https://relionbattery.com/privacy-policy.

Disclaimer

All descriptions, images, references, features, content, specifications, Products, and prices of Products and services described or depicted on the Site are subject to change at any time without notice. RELiON attempts to be as accurate as possible in all Product descriptions and other information available via the Site. However, RELiON does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, free of typographical errors or error-free. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.

As this online ordering service is an electronic service, access is not 100% guaranteed due to external factors outside RELiON’s control. RELiON does not guarantee, represent, or warrant that your use of this online ordering service will be uninterrupted or error-free, and you agree that RELiON may, in its sole discretion, remove its online ordering service for indefinite periods of time, or cancel this online ordering service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the RELiON Battery online ordering service is at your sole risk. RELiON Battery is not responsible for any taxes, return shipping costs or any other costs incurred due to any local regulations.

EXCEPT FOR THE WARRANTY SET FORTH IN OUR WARRANTY POLICY, RELiON BATTERY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Limitation of Liability

THE REMEDIES DESCRIBED IN OUR WARRANTY POLICY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY.

OUR LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF THE PRODUCTS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT PURCHASED THROUGH THE WEBSITE GIVING RISE TO THE ACTION.

IN NO EVENT SHALL RELiON AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, HOWEVER CAUSED, ARISING OUT OF OR RELATING TO THE PRODUCTS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR RELiON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Governing Law and Venue

These Order Terms and the relationship between Customer and RELiON will be governed and construed in accordance with the laws of North Carolina, United States of America, without regard to conflict-of-laws principles. The parties agree that the United Nations Convention on Contracts for International Sale of Goods do not apply. Customer agrees to submit to the personal jurisdiction and venue of the courts of the state of North Carolina.

Notices

The communications between you and us use electronic means, whether through the Website or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Order Terms, for any failure or delay in our performance under these Order Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, trade restrictions, quotas, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or power outage.

Export Controls

Customer agrees to comply with all applicable laws and regulations, including all export laws and regulations. You represent and warrant that you are buying products from the Website for your own use only, and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. §§ 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. §§ 768-799), the International Traffic in Arms Regulations (22 C.F.R. §§ 120-128 and 130), each, as amended, and their successor and supplemental regulations. Customer may not export or allow the export or re-export of the Products in violation of any such laws, restrictions or regulations.

Miscellaneous

You acknowledge that you have read these Order Terms, understand them, and agree to be bound by them. The relationship of the parties is that of independent contractors. Nothing in these Order Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever. These Order Terms, together with our Warranty Policy, and Privacy Policy, each as may be amended by RELiON from time to time, constitute the entire agreement between you and RELiON regarding the online ordering services provided by the Website. Neither the course of conduct between the parties nor trade practice shall act to modify these Order Terms. If any provision of these Order Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Order Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Order Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Order Terms preclude further exercise of that or any other right under these Order Terms. RELiON may assign its rights and obligations under these Order Terms to any party at any time without prior notice to Customer. Customer may not assign any of its rights or obligations under these Order Terms to any third party without the prior written consent of RELiON. These Order Terms are binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

Contact Us – Reach Out to RELiON

If you have any questions regarding these Order Terms, or would like more information about our lithium-ion technology, selecting the correct battery, and/or the Products that we offer, please visit https://relionbattery.com/lithium-battery-inquiry.

RELiON Affiliate User Agreement: https://relionbattery.com/affi...