THE BATTERY GEEKS TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site or users agents placing orders in your behalf into 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 or your agent do not agree to these terms and conditions, please do not use this site. These TERMS and CONDITIONS also apply when placing orders by phone, fax, or purchase orders.

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 Geeks. The collective work includes works that are licensed to The Battery Geeks. Copyright 2003, The Battery Geeks 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 Geeks or purchasing The Battery Geeks 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 Geeks or to purchase The Battery Geeks 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 Geeks. 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 Geeks used in the site are trademarks or registered trademarks of The Battery Geeks

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 Geeks 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 Geeks 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 Geeks 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 Geeks 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 Geeks 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 Geeks product is mistakenly listed at an incorrect price, The Battery Geeks reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Battery Geeks 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 Geeks shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
These terms and conditions, or any part of them, may be terminated by The Battery Geeks 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 Geeks 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 Geeks.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, 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 Geeks products) shall be in the state or federal  courts located in Travis County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Battery Geeks products) must be commenced within one (1) month after the claim or cause of action arises. The Battery Geeks' 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 Geeks 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 Geeks 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 Geeks 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, he Battery Geeks is merely acting as a passive conduit for such distribution and is not undertaking any obligation or iability relating to any contents or activities on the site. However, The Battery Geeks 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 Geeks, 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 Geeks may link to sites operated by third parties. However, even if the third party is affiliated with The Battery Geeks, The Battery Geeks has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The  Battery Geeks. These linked sites are only for your convenience and therefore you access them at your own  risk. Nonetheless, The Battery Geeks 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 shipment 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, The Battery Geeks prices do not include import or export fees, duties, tariffs, or other charges.  All costs incurred for shipping and handling will be borne by Customer.

Products
The Battery Geeks 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.  The Battery Geeks also reserves the right, at its sole discretion, to substitute a product of similar or greater functionality, and price.

Shipping and Delivery
The Battery Geeks shall deliver the Products to the place of delivery designated by the Customer and agreed to by The Battery Geeks as evidenced in the Customer's invoice. Ownership passes to the Customer immediately upon the Carrier's indication of Delivery. The Battery Geeks 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 The Battery Geeks in respect of any one or more installments shall violate the Contract in respect of Products previously delivered or undelivered. Any delivery dates quoted by The Battery Geeks are approximate only and shall not form part of the Contract. The Battery Geeks 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 The Battery Geeks to make delivery on the due date, delivery shall be deemed to have taken place and The Battery Geeks 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 The Battery Geeks 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 The Battery Geeks.

Acceptance of Products
Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract, unless Customer notifies The Battery Geeks 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 purchase price of the Products while any claim is being investigated by The Battery Geeks.

Return Policy

RENTAL Returns:  follow the procedures outlined in Battery Geeks' Rental Policy (included with your rental order).  Or see the information under Rental Policy (below).

All (NON-Rental) returns must be accompanied by an Original Invoice, AND a Returned Merchandise Authorization (RMA) Number.  To get an RMA #, please fill out an online RMA request form by visiting www.thebatterygeeks.com/rma. Once you have provided The Battery Geeks with the appropriate information we will contact you with return instructions.

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

Specific Application:  Purchasers/Renters are responsible for their application.    The Battery Geeks can advise the client, but the decision about the suitability of the application remains with the client.

• 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, The Battery Geeks reserves 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 Charges and Free Premiums are NON-REFUNDABLE including all Free Shipping.  Free Shipping is defined as all shipping costs pre-paid by The Battery Geeks and not added to the customer invoice.  For example: When The Battery Geeks paid for your free shipping - upon the return of the product the customer will be charged back the full amount of the shipping originally paid by The Battery Geeks. Additionally, you will be charged the normal selling price of Premium Items.
• There is no restocking fee for EVEN exchanges provided that the above conditions are met (New/Unused/Resaleable condition).
• Returns will only receive a percentage of the original purchase price as credit, based on the time left in the warranty period. Example: Original purchase price of $400, 3 months left in warranty period (or 25%); $400 x 25% = $100 In-store credit.
• Any batteries with any modifications made to them that were not made by our factory, or products with missing or altered Service Tags or serial numbers, will automatically invalidate the 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 LIKE KIND 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.
• All material left with The Battery Geeks for more than sixty days becomes the property of The Battery Geeks.     The Battery Geeks will dispose of the material in an eco-responsible manner.

Warranty Policy

By purchasing through us you have agreed to the Terms & Conditions found on our website, which include this Warranty, and our Return Policy.  These products have a limited 1 Year Pro-Rated Warranty*, with the below exceptions. Products under warranty can be returned for warranty service under the following guidelines:

• The MFP 130 and the MFP 200, have a limited 6 month pro-rated warranty.
• All purchases made by Re-Sellers including Rental businesses have a limited 30 day warranty.
• All medical cart and OEM applications have a 6 month or 500 cycles, whichever comes first, pro-rated warranty.
• Personal Power Bank battery packs have a limited 3 month pro-rated warranty.
• The limited pro-rated warranty on all products purchased from us begins on the date of shipment, and must be received on The Battery Geeks dock before the end of the warranty period, to qualify for warranty service.
• The warranty period is not extended if we repair or replace a warranted product or any parts.

What is covered by this limited pro-rated warranty?

This limited pro-rated warranty covers defects in materials and workmanship in your products purchased through The Battery Geeks.  Note that the Warranty applies only to the original buyer of record.  This Warranty is not transferable.

What is not covered by this limited pro-rated warranty?

This limited pro-rated warranty does not cover:

• Free Premiums (all "FREE with Purchase" products are as is;  no Warranty applies)
• External causes such as accident, abuse, misuse, or problems with electrical power
• Servicing not authorized by The Battery Geeks.
• Usage that is not in accordance with product instructions
• 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.
• Normal degradation in performance and decreased runtime experienced over the life of any battery pack
• Return shipping costs to The Battery Geeks and back to you.

What do I do if I need warranty service?

First, please fill out our online RMA# Request Form by visiting www.thebatterygeeks.com/rma.   After you fill out and submit your RMA# request form, The Battery Geeks 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 The Battery Geeks 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.

Additional information regarding The Battery Geeks Warranty policies & procedures:

·        Returns must be shipped freight prepaid.  Any return sent back freight collect will be refused.

·        Returns 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. The Battery Geeks is not responsible for goods that are damaged during shipment or misused/abused by the customer/carrier.

·        Returned RMA items will be shipped back to Customers at Customer's expense.

·        All replacement items will be shipped after The Battery Geeks have received and processed your defective return.

* Replacement product will require payment for the already used portion of your Pro-Rated Warranty. For example: if your Original purchase price was $400, and you returned a product, for a warranty issue, after 9 months (or 75% of warranty period used), you will need to pay $300 to receive a replacement product ($400 x 75% = $300). 

OR the unused portion of your Warranty period can be used as a credit for our battery Rental Program. 

What if product is not covered under Warranty?

If the product is out of warranty, The Battery Geeks offer a Free Diagnostic Testing Service to our valued customers as a way to determine if the battery can be revived or to establish a salvage value towards a future purchase.

Rental Policy

Rentals are only available for US & Canada.   All Terms & Conditions Apply.

Upon receipt of rental, please IMMEDIATELY check that you have received all items, including all tips, cables, chargers, inverters, batteries, AND test with your CPAP to ensure compatibility.  If anything is missing, or if your CPAP is not performing properly, contact us right away.

Specific Application: Renters/purchasers are responsible for the application. Novuscell Batteries, Inc. will advise the client but the decision about the suitability of the application remains with the client.

Rental Charges: Order processing is through our standard ordering system.  Your credit card or PayPal account will be charged a deposit of the full purchase price. Upon return of your rental, the deposit is then refunded, less rental fees. Rental must be returned fully functional and in good condition with all parts & accessories, INCLUDING bag, tips, cables, and inverter, otherwise repair/reconditioning fees, and 20% restocking fees will apply.  Items not returned will not be refunded.  Note:  It may take 5-7 days to receive your refund.

Rental Period: Rental STARTS the day we ship the product, and ENDS the day the battery pack, INCLUDING bag and all parts, is received back at our facility (inclusive). Novuscell Batteries reserves the right to adjust the rental period to correct shipping anomalies.  Rental period may not exceed 60 days.  Rentals kept beyond 60 days will be considered purchased and are not eligible for rental return or refund of deposit.

Rent to Own:  Rental fees charged to a particular battery can be applied to the purchase of that same battery or
to a greater watt-hour size battery.  Subject to Rental Period limitations noted above.  Inverters must be purchased separately.

Shipping:

• FREE 7-10 day shipping to US customers
• Express shipping is available for an extra charge
• Shipping charges are estimates only; charges may be adjusted to meet the customer's required receipt date
• Customer is responsible for return shipping costs.

Daily charges:

• CPAP Battery Rental Kit 20000 - $5
• CPAP Battery Rental Kit 40000 - $9
• Foldable Solar Charging Kit - $9
• External Laptop Battery 16/19-250 - $6
• External Laptop Battery 16/19-450 - $10

Texas Sales and Use Taxes apply for Texas shipping addresses.

Rental Return:

• Please pack return carefully to avoid damage;  best to use original packing material & box.
• You may ship it the least expensive way, but with Tracking/Delivery Confirmation #.
• IMPORTANT: send E-mail with the return Tracking/Delivery Confirmation # to: Support@thebatterygeeks.com
  
• Send return to:   Rental Returns