TERMS, CONDITIONS, WARRANTY, SAFETY

TERMS AND CONDITIONS

DIY (Do It Yourself) BATTERY PACK SAFETY, MAINTENANCE, INSTALLING

DIY BATTERY / BMS WARRNTY INFORMATION

Products sold by Hybrid Auto Center/ EV Battery Center include batteries. As such, products are inherently associated with activities which could lead to death or serious injury. By purchasing a product offered, sold, or made available through this website, the buyer explicitly releases Hybrid Auto Center/ EV Battery Center and its business partners from all liability and waives all legal rights whatsoever related to use of the product. This shall be the case no matter how or where the item was used.
By purchasing a product from Hybrid Auto Center/ EV Battery Center store, buyer agrees to:
Assume ANY and ALL RISKS of INJURY OR DEATH resulting from use of the product,
WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Hybrid Auto Center/ EV Battery Center, or any other owner or operator of businesses offering products through this website, or any one of the aforementioned entities and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any manufacturers and distributors (hereinafter the “Indemnified Parties” collectively, the “Indemnified Party” individually) that are based on, arise or result from, in whole or in part, use of the product, and
INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any activity and any loss, damage or injury, including death, that may be sustained by buyer or assignee, or caused to others or their property by buyer or assignee. Buyer also agrees to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Buyer or assignee.

TERMS AND CONDITIONS

EV BATTERY CENTER, BATTERY MODULES, DIY(Do Ii yourself) BATTERY PACKS, DIY PARTS - POLICY

We would like to remind that ALL ELECTRIC COMPONENTS AND PACKS OFFERED BY EV BATTERY CENTER AND/OR DESIGNED, ASSEMBLED OR INSTALLED BY YOU PERSONALLY OR A THIRD PARTY ARE STILL CONSIDERED EXPERIMENTAL, DIY (DO IT BY YOURSELF) AND HOBBY PROJECTS. EV BATTERY CENTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED COMPONENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EV BATTERY CENTER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED COMPONENTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

By electing to order from us you acknowledge that you, or the user if you are ordering on somebody else’s behalf, or any third party involved (on your behalf) - have the knowledge and skills and understand the safety measures needed to handle electrical projects, high voltage, batteries, lithium-ion batteries, computer software, etc.

Products sold by Hybrid Auto Center/ EV Battery Center include batteries. As such, products are inherently associated with activities which could lead to death or serious injury. By purchasing a product offered, sold, or made available through this website, the buyer explicitly releases Hybrid Auto Center/ EV Battery Center and its business partners from all liability and waives all legal rights whatsoever related to use of the product. This shall be the case no matter how or where the item was used.
By purchasing a product from Hybrid Auto Center/ EV Battery Center store, buyer agrees to:
Assume ANY and ALL RISKS of INJURY OR DEATH resulting from use of the product,
WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Hybrid Auto Center/ EV Battery Center, or any other owner or operator of businesses offering products through this website, or any one of the aforementioned entities and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any manufacturers and distributors (hereinafter the “Indemnified Parties” collectively, the “Indemnified Party” individually) that are based on, arise or result from, in whole or in part, use of the product, and
INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any activity and any loss, damage or injury, including death, that may be sustained by buyer or assignee, or caused to others or their property by buyer or assignee. Buyer also agrees to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Buyer or assignee.

These additional terms and conditions make up part of our offer (product listing, quote) – referred to as Quote below, to you, and, if you accept our offer, part of the contract which will bind us.

All battery packs and components (part of our offer, product listing, quote ) by EV Battery Center are selling as DIY (Do It Yourself), hobby, experimental components, modules,  NOT as a CONSUMER PRODUCT, READY FOR USE, or PLUG-AND-PLAY. Buying, installing, using them you are and agree and acknowledge that you have the necessary knowledge to assembly, maintain, properly use, troubleshoot, repair, replace components if necessary.  Step by step instructions or complete connecting guide will not be provided in any case.  The battery/BMS have to be installed by a person with an extensive experience and knowledge in electric, electronics and computer software. By purchasing our products you acknowledge that you have all the necessary knowledge and experience to operate with high and low voltage electricity. Also the buyer acknowledges that will not be provided any support, maintenance, installing and repair instructions in writing or by phone. Any questions regarding these terms and conditions or about the products may be requested by email or through our website. With the battery / BMS provided will be the only available technical information. To complete the project and for the assembling/installing additional parts, hardware, cables, relays, fuses, connectors, may be required which may or may not be provided.

ACCEPTANCE & CANCELLATION. Purchaser, by accepting this Quote, acknowledges and agrees that each and every one of these terms and conditions make up a part of the Contract created when Purchaser accepts this Quote. No terms, conditions, indemnities, or warranties of sale are offered, if not included in this Quote. This Quote supersedes any and all discussions, representations, statements, or descriptions of the terms of this Quote, and all verbal discussions concerning this transaction or any part of it, are, by virtue of this acceptance, merged into this Contract, and extinguished by the specific terms of this Contract.

FREIGHT & DELIVERY. All prices quoted and all products described are FOB Seller's location. Seller agrees to package products for shipment in a reasonable fashion according only to a seller discretion and requirements. If Purchaser wishes products that are the subject of this Quote to be packaged in a specific manner or way, such instructions shall be provided to Seller, in writing, at the time Purchaser accepts this Quote.
Both title and risk of loss of products shall transfer to Purchaser when Purchaser picks up the products in question from Seller's location, or when the products pass into the possession of a shipping agent, such as the U.S. Postal Service, FedEx, U.P.S., DHL, or any freight carrier. Purchaser shall pay, and is responsible for, all shipping and handling charges related to the shipment of the products identified in this quote. Purchaser is responsible for the payment of any taxes, duties, or other fees or charges imposed by any carrier, or by any local, state, federal, or foreign governmental body or entity.
Acceptance by Purchaser of the products described in this Quote and/or Contract shall constitute a waiver, by Purchaser, of any claim for damages flowing from or account of any delay in the Seller making these products available for shipment.

SUITABILITY OF PRODUCT. Purchaser acknowledges that, while Seller may attempt to provide Purchaser with products that fit its disclosed specifications, it is the Purchaser and only the Purchaser who is responsible for making a determination that the products purchased are suitable for the use or uses to which the Purchaser will put them. The products identified in this Quote and/or Contract are not sold for the purpose of, and are not authorized to be used in any critical equipment. Any use of the products identified in this Quote for such purposes is a use chosen by Purchaser and Purchaser alone, and Purchaser agrees to indemnify, defend, and hold Seller harmless of and from any and all claims (whether or not later proved), damages, and costs, including attorneys' fees, and including sums paid in compliance and settlement, which Seller is required to pay, or reasonably chooses to pay, to extinguish such a claim, damage, and/or cost arising out of such a use.

DISCLAIMER OF WARRANTY. Seller's only warranty with regard to the products described on the first page of this Quote and/or Contract is the "EV Battery Center Warranty", if any, which is appended hereto, and made a part hereof. SAVE THE TERMS OF THE “EV Battery Center Warranty”, WHICH IS APPLICABLE TO THIS QUOTE AND/OR CONTRACT IF AND ONLY IF THE BOX MARKED "WARRANTY" IS CHECKED, PURCHASER UNDERSTANDS THAT THE “EV Battery Center Warranty " IS IN LIEU OF ANY AND ALL, AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR IMPLIED BY OPERATION OF LAW, OR OTHERWISE. PURCHASER FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT THERE IS NO WARRANTY, SAVE THE WARRANTY ATTACHED HERETO, AND THAT THIS CLAUSE EXCLUDES ANY WARRANTY WHICH WOULD ACTUALLY OR ALLEGEDLY RELATE TO THESE PRODUCTS BEING FIT FOR A PARTICULAR PURPOSE. PURCHASER FURTHER ACKNOWLEDGES THAT THE IMPLIED WARRANTY OF MERCHANTABILITY IS SPECIFICALLY EXCLUDED.

LIMITATION OF LIABILITY. Purchaser understands and agrees that Seller shall not be liable for any incidental damages or consequential damages or expenses which arise, directly or indirectly, from the sale, purchase, shipment, handling, or use of the products described on the front page of this Quote and/or Contract. Purchaser acknowledges that Seller's non-liability for incidental or consequential damages, losses, or expenses extends to any incident or claim, regardless of whether it is based on breach of contract, breach of warranty, strict liability in tort, negligence, or any other claimed violation of any other common law or statutory theory or provision. Purchaser agrees that Seller's liability for a material breach of this Contract shall be and is expressly limited to the repair or replacement of the good or products described on the face page of this Quote and/or Contract, or to the repayment of the sum paid by Purchaser (when such products are returned); or to the provision of a credit for the value of the products.

LIMITATION OF TIME TO MAKE CLAIM. Any claim for any damage, defect, or shortage relating to this Quote and/or Contract, and the items it describes, or for any other cause whatsoever, including claims based in contract, negligence, strict liability, warranty, contribution, or indemnity, shall be deemed to have been waived unless Purchaser (1) makes such a claim in writing, and (2) ensures that such a writing is received by Seller within sixty (60) days of the creation of the damage, defect, or shortage, or within sixty (60) days on which the damage, defect, or shortage should reasonably have been discovered. Purchaser however further notes and agrees that in no event shall Purchaser be allowed to pursue any claim for damage, defect, or shortage against Seller, regardless of the theory advanced, and regardless of the fact that claim was filed, for any of the products identified on the first page of this Quote and/or Contract, if more than one (1) years has passed from the date identified on the front page of this Quote and/or Contract. 

TECHNICAL ADVICE AND DATA. Purchaser acknowledges and agrees that any technical advice, if any, offered to Purchaser, or given to Purchaser in connection with the sale or use of any products, is an accommodation offered to Purchaser, and that no such advice is incorporated into or is made a part of this Quote and/or Contract, unless specifically set forth in those documents. Purchaser understands, acknowledges, and agrees that by accepting the Quote and/or Contract to install the product only on his responsibility, not based on the seller's recommendations or verbal representations and are based only on the Purchaser's specifications.
Purchaser may have learned, from Seller, or from some other source, technical data and/or specifications related to the goods and products shown on the first page of this Quote and/or Contract. Purchaser agrees that it shall use such information for no purpose other than for the installation, operation, or maintenance of the products purchased by Purchaser from Seller, and that such technical data and specifications represent the trade secrets, confidential business information, and property of Sellers.

CHOICE OF LAW AND CHOICE OF VENUE. Purchaser understands, acknowledges, and agrees that by accepting the Quote and/or Contract to which these Terms and Conditions are attached, and by entering into the contract thereby created, Purchaser agrees that the this contract will be governed and enforced under the laws of the State of Nevada and that the appropriate court in Clark County, Nevada shall have exclusive jurisdiction and venue   for the filing of claims related to this contract, or for the filing of any suit relating in whole or in part to this quote, this contract, or to the products described herein. .

RECOVERY OF SELLER'S ATTORNEYS' FEES AND COSTS. Purchaser understands, acknowledges, and agrees that if a claim is made, or if a suit is relating to this Quote and/or Contract and/or the products described therein, and Seller prevails in whole or in part, then Purchaser shall be responsible for paying for and/or for reimbursing Seller for Seller's reasonable attorneys' fees and costs incurred in either enforcing this Agreement, and/or in responding to any suit or claim initiated by Purchaser against Seller which in any way relates to this Agreement or the products described herein.

PRIVACY POLICY. Please be advised that your PRIVACY is important to us. We DO NOT sell or give to third parties any names, addresses, telephone numbers or Invoice information.

WHOLE AGREEMENT – Seller and Purchaser agree that the terms and conditions contained herein represent the entire agreement and no verbal representations shall be binding on the parties. Any changes to these terms must be in writing with the signed consent of the Seller and Purchaser.