Terms & Conditions.
The following terms and conditions (“Terms”) apply for all orders. When placing a order you have understood and accepted these Terms.
1. ORDERS, PAYMENT AND DELIVERY
CMEC batteries are available only by order, and are not in stock available. Are designed and assembled in the Netherlands, and are shipped directly from the manufacturing plant to the country and address of destination given to us in the order.
The prices for battery packs or services are stated on our websites and CMEC (CMIUTA Electric Company) reserves the right to change these at any time.
Complete payment is due upon placing the order. Shipping costs are included in the final purchase price. Additional costs for customs duties, value added tax (VAT) and other fees or taxes in the country of destination may apply.
Estimated time for assembling is stated in the order confirmation. Please note that the estimated time is only an estimate and may change. CMEC will keep you duly noted on any changes affecting the delivery of your products.
2. CANCELLATION OF ORDERS
Please note: Check everything two times and be sure it’s what you need when you start to order the battery pack. We start processing your order as soon as send you a proforma invoice! It may be possible to cancel your order during processing (24 hours) but once it moves to the production and shipping process, it cannot be canceled!
CMEC may cancel your order before the shipment date at own discretion, and will reimburse all your full payments within 4 weeks. CMEC will notify you at least 14 days prior to the shipment date (read section 6)
3. DESCRIPTION OF THE PRODUCT
CMEC strives to provide a complete and accurate description of the products offered.
CMEC also reserves the right to the minor change of product, such as cover material selection or color of these, in the period up to the shipping date. An updated and final product specification will be available after order processing.
4. RETURN OF DEFECTED AND NON-CONFORMING PRODUCTS
CMEC warrants you a product without defects in conformance with the CMEC strict quality policy for a period of 2 years after you received the products, or for the period prescribed by mandatory law in your country, whichever is longer (read section 5)
You are responsible for inspecting the products upon delivery. If the products are defected or non-conforming, you shall notify CMEC without undue delay. When filing a complaint, please indicate the invoice number of your order found on the order confirmation email received at time of ordering, contact information (name and address) and reason for return.
Proper use of the product is described in the warranty disclosed with the product. CMEC disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on water, or solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the warranty. Improper use also includes modifications, reengineering or copying.
CMEC will replace batteries if it is clear that there was a defect in CMEC manufacturing process and that the battery hasnot been misused.
5. LIMITATION OF LIABILITY
CMEC SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY CMEC OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF CMEC HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. CMEC’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.
CMEC (CMIUTA Electric Company) don’t have any responsibility and aren’t liable for any damage caused through improper use of these battery packs and chargers, or to use for purposes other than mentioned on product specifications.
CMEC (CMIUTA Electric Company) will not be liable for any problems caused by design defects of the electric vehicle, chargers or electronic devices, located in propriety of customers.
6. FORCE MAJEURE
If either CMEC or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond CMEC or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event.
A force majeure event may be but is not limited to war, terrorism and natural disasters such as earthquakes, drought and floods.
7. PERSONAL DATA
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.
9. GOVERNING LAW AND LEGAL VENUE
Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to District Court Gelderland as legal venue.
10. ALTERNATIVE DISPUTE RESOLUTION (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may in lieu of law suit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.