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. 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 ORGANISATION OR AN ENTITY, THEN YOU ARE AGREEING TO THESE TERMS AND CONDITIONS ON BEHALF OF THAT ORGANISATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANISATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” REFERS TO YOU AND THE ORGANISATION.
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. WHEN PURCHASING PRODUCTS FOR RESALE PURPOSES, YOU AGREE TO FORWARD THE SAME WARNINGS TO ALL CUSTOMERS FOR THEIR REFERENCE AND SAFETY.
FURTHERMORE, YOU SHALL INDEMNIFY AND HOLD LITHIUM SUPPLY CO LTD, ITS PARENTS, DIRECTORS, OFFICERS, PARTNERS, CONTRACTORS, LICENSORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES AND EXPENSES, INCLUDING REASONABLE SOLICITOR’S FEES, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCTS PURCHASED.
TO THE FULL EXTENT PERMISSIBLE BY NZ LAW, LITHIUM SUPPLY CO LTD 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 LITHIUM IMPORTS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, LITHIUM SUPPLY CO LTD LIABILITY SHALL NOT EXCEED THE PRICE PAID FOR THE SPECIFIC GOODS PROVIDED BY LITHIUM SUPPLY CO LTD GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
In the event that a Cell Supply product is mistakenly listed at an incorrect price, Cell Supply reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cell Supply 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, Cell Supply shall issue a credit to your credit card account in the amount of the incorrect price.
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 Cell Supply 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.
You agree to indemnify, defend, and hold harmless Lithium Supply Co Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable solicitor’s 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.
In an attempt to provide increased value to our visitors, Cell Supply may link to Sites operated by third parties. However, even if the third party is affiliated with Cell Supply, Cell Supply has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cell Supply. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cell Supply 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).
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of New Zealand, as it is applied to agreements entered into and to be performed entirely within, without regard to conflict of law principles.
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 Lithium Supply Co Ltd, constitutes the entire agreement between you and Lithium Supply Co Ltd with respect to the use of this Site and its services and shall not be modified except in writing, signed by an authorised representative of Lithium Supply Co Ltd.
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.