Terms & Conditions.
The following terms and conditions (“Terms”) apply to all orders. When placing an order you have understood and accepted these Terms, and also any warnings or product specifications.
1. ORDERS, PAYMENT, AND DELIVERY
Notice: Plan the purchasing with some time ahead, and consider a time margin for delivering. The CMEC battery packs 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 place to the country and address of destination given to us in the order.
The prices for battery packs are stated on our website and CMIUTA Electric Company reserves the right to change these at any time. Check these before ordering.
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 and delivering is stated in the order confirmation. Please note that the estimated time is only an estimate and may change. CMIUTA
Electric Company will keep you duly noted on any changes affecting the delivery of products.
2.CANCELLATION OF ORDERS
Please note: Check everything two times and be sure it’s what you need when you request the battery pack(s). Once it moves to the assembling or delivery status, the order it cannot be canceled!
From security concerns, CMIUTA Electric Company may cancel your order before the shipment date, without any explanation. CMIUTA Electric Company will reimburse all your full payments.
3. DESCRIPTION OF THE PRODUCT
CMIUTA Electric Company strives to provide a complete and accurate description of the products offered. For many reasons, all battery packs produced by the CMIUTA Electric Company have an internal serial number, registered for every order.
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 CMIUTA Electric Company without undue delay. When filing a complaint, please indicate the invoice number of your order, found on the order confirmation email received at the time of ordering, contact information (name and address) and the 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, re-engineering or copying. The CMEC will replace batteries if it is clear that there was a defect in the CMEC manufacturing process and that the battery has not been misused.
5. LIMITATION OF LIABILITY
CMIUTA ELECTRIC COMPANY 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. CMIUTA ELECTRIC COMPANY AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.
CMIUTA Electric Company doesn’t have any responsibility and isn’t liable for any damage caused by improper use of these battery packs and chargers, or to use for purposes other than mentioned in product specifications. CMIUTA Electric Company will not be liable for any problems caused by design defects of the electric vehicle/aircraft/device located in the propriety of customers.
6. FORCE MAJEURE
If either CMIUTA Electric Company or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond CMIUTA Electric Company 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 with District Court Gelderland as a 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 lawsuit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.