Terms and Conditions
Agreement between user and http://www.MetroplexBattery.com
Welcome to http://www.MetroplexBattery.com. The http://www.MetroplexBattery.com website (the "Site") is comprised of various web pages operated by Metroplex Battery, Inc. ("Metroplex Battery"). http://www.MetroplexBattery.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.MetroplexBattery.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. http://www.MetroplexBattery.com is a E-commerce Site that sells batteries and battery related products.
Visiting http://www.MetroplexBattery.com or sending emails to Metroplex Battery constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Metroplex Battery is not responsible for third party access to your account that results from theft or misappropriation of your account. Metroplex Battery and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Metroplex Battery does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.MetroplexBattery.com only with permission of a parent or guardian.
***Please Note: You will need your invoice # or your online order # in hand. Without this information we cannot handle a RMA or Warranty issue*** Returns within 30 days from date of purchase. We will handle any warranty issues within 30 days of purchase. If the customer ordered the incorrect battery or no longer needs the battery, it must be returned within 30 days of purchase. We will NOT ACCEPT incorrect batteries or no longer needed batteries after 30 days from the date of purchase. No exceptions. The customer must contact us first for an RMA number to be issued. The customer is required to ship defective batteries (at their expense) for testing to: Metroplex Battery, Inc. 2750 Electronic Lane Dallas, Texas 75220 *Mark outside of box with RMA Number for proper processing.* If battery is found to be defective, Metroplex Battery will ship a replacement battery back freight paid to customer. If battery is found to be good, we can return the battery back to the customer at the customers expense. If the customer wants a refund we will issue the customer a credit to the credit card used to purchase the original product for the amount of the product only. Returns after 30 days from date of purchase. *This applies to defective batteries only* The customer must contact us first for an RMA number to be issued. The customer is required to ship defective batteries (at their expense) for testing to: Metroplex Battery, Inc. 2750 Electronic Lane Dallas, Texas 75220 *Mark outside of box with RMA Number for proper processing.* If battery is found to be defective, Metroplex Battery will ship a replacement battery back freight paid to customer. If battery is found to be good, we can return the battery back to the customer at the customers expense. Each manufacturer has their own policies for warranty replacement. Metroplex Battery will assist with all warranty claims. In most cases the manufacturer requires the customer to obtain an RMA number for the product to be returned for testing.
Links to third party sites/Third party services
http://www.MetroplexBattery.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Metroplex Battery and Metroplex Battery is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Metroplex Battery is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Metroplex Battery of the site or any association with its operators. Certain services made available via http://www.MetroplexBattery.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.MetroplexBattery.com domain, you hereby acknowledge and consent that Metroplex Battery may share such information and data with any third party with whom Metroplex Battery has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.MetroplexBattery.com users and customers.
No unlawful or prohibited use/Intellectual Property
The Service is controlled, operated and administered by Metroplex Battery from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Metroplex Battery Content accessed through http://www.MetroplexBattery.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Metroplex Battery, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Metroplex Battery reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Metroplex Battery in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Metroplex Battery reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Metroplex Battery as a result of this agreement or use of the Site. Metroplex Battery's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Metroplex Battery's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Metroplex Battery with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Metroplex Battery with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Metroplex Battery with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Metroplex Battery reserves the right, in its sole discretion, to change the Terms under which http://www.MetroplexBattery.com is offered. The most current version of the Terms will supersede all previous versions. Metroplex Battery encourages you to periodically review the Terms to stay informed of our updates.
Metroplex Battery welcomes your questions or comments regarding the Terms:
Metroplex Battery, Inc.
2750 Electronic Lane
Dallas, Texas 75220
Email Address: email@example.com
Telephone number: 214-956-8277
Effective as of March 16, 2015