Terms & Conditions of Sale

These Terms and Conditions (“Agreement”) apply to all sales of batteries and chargers (“Products”) by Eternity Technologies Inc. (“Seller”) to the customer (“Buyer”). By purchasing Products from Seller, Buyer agrees to be bound by these Terms and Conditions. Any additional or different terms proposed by Buyer are expressly rejected, unless agreed to in writing by Seller.

1. Orders and Acceptance All orders placed by Buyer are subject to acceptance by Seller. Seller reserves the right to refuse or cancel any order at its discretion. Once an order is accepted by Seller, the sale is deemed final, and Buyer agrees to pay for the Products as specified in the invoice.

2. Pricing and Payment Terms Prices for Products are those in effect at the time of order acceptance, unless otherwise specified. All prices are quoted in U.S. dollars, and payment is due in full upon delivery unless a different payment term is agreed upon in writing. Seller accepts payments by ACH, company check or credit card (a convenience fee will apply), or other methods as determined by Seller. If Buyer fails to make payment when due, Seller may charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate allowed by applicable law, whichever is lower.

3. Delivery and Shipping

• Prepaid Delivery: Unless otherwise specified in the order confirmation, all Products are delivered prepaid by Seller to the Buyer’s specified location. Seller may choose the carrier and method of delivery, unless otherwise agreed.
• Risk of Loss: The risk of loss or damage to Products passes to Buyer upon delivery to the carrier, unless otherwise specified in writing.
• Delivery Times: Delivery times are estimates only and are not guaranteed. Seller is not responsible for delays caused by factors beyond its control, including but not limited to weather, strikes, or shipping carrier delays.

4. Title and Risk of Loss Title to and ownership of the Products shall pass to Buyer upon shipment of the Products from Seller’s facility (FOB Shipping Point). Seller shall bear the risk of loss or damage to the Products during transit until delivery to Buyer. Seller’s obligation with respect to such risk shall be limited to repair or replacement of lost or damaged Products, or reimbursement of the purchase price, at Seller’s option. Notwithstanding the foregoing, Seller retains a purchase money security interest in the Products until full payment is received.

5. Inspection and Acceptance Upon receipt of the Products, Buyer must inspect them for damage or defects. Any claims for damaged or defective Products must be made in writing within 24 hours after delivery. Failure to notify Seller within this period constitutes acceptance of the Products.

6. Warranty Seller warrants that the Products will be free from defects in material and workmanship under normal use for a period outline in the specific product warranty disclosure from the date of delivery. This warranty does not cover damage caused by misuse, abuse, improper installation, or failure to follow Seller’s instructions. In the event of a defect, Seller’s sole obligation is to repair or replace the defective Products at its discretion.

7. Returns and Cancellations

• Returns: Products may only be returned with Seller’s prior written approval. Approved returns must be made within 30 days of delivery, and Products must be in their original packaging and condition. Returned Products will incur a 15% restocking fee to cover the freight charges incurred by Eternity Technologies Inc. for both cumulative outbound and return freight costs.
• Cancellations: Once an order is placed and accepted by Seller, it cannot be canceled unless agreed upon by Seller. Any cancellation by Buyer may be subject to a cancellation fee.

8. Limitation of Liability Seller’s liability for any claim arising out of or related to the sale of Products is limited to the purchase price paid by Buyer for the affected Products. In no event will Seller be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, even if Seller has been advised of the possibility of such damages.

9. Force Majeure Seller shall not be liable for any delay or failure in performance of its obligations hereunder caused by circumstances beyond its reasonable control, including but not limited to acts of God, labor disputes, or governmental regulations.

10. Governing Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law principles. The sole venue for any disputes arising from or related to this Agreement shall be State court in Maricopa County, Arizona.

11. Confidentiality Buyer agrees to maintain the confidentiality of any confidential or proprietary information disclosed by Seller during the transaction. This obligation survives the termination of this Agreement.

12. Entire Agreement This Agreement constitutes the entire understanding between the parties regarding the sale of Products. Any modifications to these terms must be made in writing and signed by an authorized representative of Seller.

13. Severability If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

14. No Waiver Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.

15. Independent Contractors The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the parties.

By purchasing Products from Seller, Buyer acknowledges that they have read, understood, and agree to these Terms and Conditions.