Terms and Conditions

JW Batteries (“JW Batteries”, “we”, or “our”) has created, controls and publishes this website (the “Site”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND OTHER APPLICABLE YOU’RE YOUR ACCESS TO OR USE OF ANY PART OF THE SITE OR ITS SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

IF YOU ARE USING THE SITE AND ITS SERVICES ON BEHALF OF AN ORGANIZATION OR AN ENTITY, THEN YOU ARE AGREEING TO THESE TERMS AND CONDITIONS ON BEHALF OF THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” REFERS TO YOU AND THE ORGANIZATION.

Returns & Exchanges
30 day exchange on any battery packs exhibiting any issues. You will need to provide photos or video of the damage/issue.  Just contact us within 30 days from the point you received the pack and we will issue pre-paid shipping back to us for products exhibiting any issues. We will get you a new replacement pack built and shipped ASAP.

To start a return, you can contact us at info@jwbatteries.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. 

You can always contact us for any return question at info@jwbatteries.com.

Refunds 
We do not offer refunds on any product regardless of whether it has been used or not. The reason for this is we cannot verify if a battery has been used or not.

Damaged or Dead on arrival

If you receive an item that has been damaged during transit, please contact us immediately. You will need to provide photos or video of the damage. Our customer service will work with you on an individual case basis to remedy the situation.

If you receive a battery which is DOA (completely dead and will not charge), please contact us within 5 days of accepted delivery. We will accept the battery to be returned for a replacement under the following conditions:

•    Battery must be new/unused without any signs of use.

•    All original packaging must be included.

Please contact our customer service. We will issue you an RMA to return the DOA battery. Once the battery has been received and tested to be DOA, a replacement will be issued at no cost. After the 5-day window has passed, our DOA guarantee will expire and no DOA return will be accepted.

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 JW Batteries. The collective work includes works that are licensed to JW Batteries. Copyright 2020, JW Batteries 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 JW Batteries or purchasing JW Batteries Store 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 JW Batteries or to purchase JW Batteries 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 JW Batteries. 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 JW Batteries used in the Site are trademarks or registered trademarks of JW Batteries and its licensors.

 

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, JW BATTERIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JW BATTERIES 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. JW BATTERIES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT ALL SALES ARE FINAL. YOU HAVE READ THE WARNINGS AND CLEARLY UNDERSTAND THE POTENTIAL DANGERS OF USING LITHIUM ION BATTERIES. YOU UNDERSTAND THAT LITHIUM BATTERIES ARE INTENDED TO BE USED WITHIN SYSTEM INTEGRATIONS OR BATTERY PACKS ONLY. 

FURTHERMORE, YOU SHALL INDEMNIFY AND HOLD JW BATTERIES, ITS PARENTS, DIRECTORS, OFFICERS, PARTNERS, CONTRACTORS, LICENSORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCTS PURCHASED.

TO THE FULL EXTENT PERMISSIBLE BY LAW, JW BATTERIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON, PURCHASED THROUGH, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, AND CONSEQUENTIAL DAMAGES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER JW BATTERIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULL EXTENT PERMISSIBLE BY LAW, JW BATTERIES LIABILITY SHALL NOT EXCEED THE PRICE PAID FOR THE SPECIFIC GOODS PROVIDED BY JW BATTERIES GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

In purchasing products from JWBatteries.com you, the buyer, understand that these packs are built with lithium-ion batteries that may cause a FIRE or EXPLOSION which can result in INJURY or DEATH.  You, the buyer, also understand that these battery packs are assembled by hand and thus construction defects may cause a FIRE or EXPLOSION which can result in INJURY or DEATH.  You accept this risk by purchasing products from JWBatteries.com.

Products sold on JWBatteries.com are primarily intended to support the Personal Electric Vehicle Sector and use lithium-ion batteries that may cause a FIRE or EXPLOSION which can result in INJURY or DEATH.  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 JWBatteries.com 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 JWBatteries.com, buyer agrees to:

  1. Assume ANY and ALL RISKS of INJURY OR DEATH resulting from use of the product,
  2. WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against JWBatteries.com, 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
  3. 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.

Typographical Errors

In the event that a JW Batteries product is mistakenly listed at an incorrect price, JW Batteries reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. JW Batteries 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, JW Batteries shall issue a credit to your credit card account in the amount of the incorrect price.

 

Term; Termination, and Modification

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or modified by JW Batteries without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Disputes, and General, shall survive any termination.

 

Notice

JW Batteries 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 JW Batteries.

 

Privacy

Please review this Site’s Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using this Site and its services, you agree to the terms of the Privacy Policy.

 

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 JW Batteries 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

JW Batteries 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, JW Batteries is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, JW Batteries 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 JW Batteries in its sole discretion.

 

Indemnification

You agree to indemnify, defend, and hold harmless JW Batteries, 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, JW Batteries may link to Sites operated by third parties. However, even if the third party is affiliated with JW Batteries, JW Batteries has no control over these linked sites, all of which have separate privacy and data collection practices, independent of JW Batteries. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, JW Batteries 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).

 

Disputes

You agree that we may bring an action against you for your failure to pay any and all fees or other charges under these Terms and Conditions in the state or federal courts located in Dallas, Dallas County, Texas, and you unconditionally submit to the exclusive jurisdiction of those courts in connection with any such action.

You agree that all other disputes, claims and causes of action relating to these Terms and Conditions and the Privacy Policy shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Dallas, Texas, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association.  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information.  The parties to the arbitration will share equally the administrative costs of such arbitration proceedings.  You agree to commence any arbitration proceeding with respect to these Terms and Conditions within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

 

General

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If any provision of these Terms and Conditions, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms and Conditions (including any limitations of liability or other exclusions of damages) shall remain unaffected and in full force and effect.

The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms and Conditions shall not be construed as a waiver of any provision or right.

Unless expressly provided otherwise, these Terms and Conditions, together with any amendments and additional agreements you may enter into with JW Batteries, constitutes the entire agreement between you and JW Batteries with respect to the use of this Site and its services and shall not be modified except in writing, signed by an authorized representative of JW Batteries.

No party shall be liable for any default or delay in the performance of its obligations under these Terms and Conditions if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.