Shipping Costs

Terms, Conditions, Returns & Warranty Information
(As Printed On The Back OF SureWay Invoices)

Thank you for your purchase from SureWay Battery, LLC. We value each and every one of our customers. Below is important information you need to know concerning purchases, terms, payment and procedures for returning merchandise.

   1. Credit Terms

SureWay Battery, LLC (SureWay) requires a completed credit application and a personal letter of guarantee on all open accounts. A returned check fee will be assessed if a check is returned for any reason by the issuer’s bank. Replacement checks shall be certified, and all purchases will be for cash or certified check only, until returned check has been replaced and all returned check fees paid. Interest will be charged on all accounts unpaid beyond 30 days at the maximum legal limit allowed in buyer’s state. SureWay reserves the right not to extend credit terms and credit terms may be withdrawn at any time by SureWay in its sole discretion.

2. Limitation of Liability

NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE MANAGING MEMBER OF SureWay.

3. Delivery

Deliveries shall be subject to and contingent upon timely receipt of orders by SureWay together with buyer’s satisfaction of credit requirements. SureWay shall not be liable for any loss, damage, detention or delay resulting from causes beyond its reasonable control, including (without limiting the generality of the foregoing) unavailability of production from SureWay’s sources of supply, fire explosion, flood, strike or other labor difficulties, shortage of utility, facility, material or labor, default by common carriers or other delay in transportation, breakdown or accident, riot, insurrection, civil or military authority, or governmental controls, restrictions or regulations. SureWay shall have the right to apportion its supplies of merchandise among its customers in such manner as it, in its sole discretion determines to be appropriate.

4. Seller’s Right of Possession

In addition to all other remedies, SureWay shall have the right, at any time, for credit reasons or because of buyer’s payment default, to withhold shipment in whole or in part, to recall goods in transit, retake same, and repossess all goods which may be stored without the necessity of taking any other action, and buyer consents that all merchandise so recalled, retaken, or repossessed shall become the absolute property of SureWay provided the buyer is promptly notified of such action and given full credit therefore.

5. Risk of Loss; Claims

Merchandise is shipped FOB shipping point and buyer assumes all risk of loss due to damages, shortages or non-delivery due to carrier fault. Claims stemming from discrepancies between invoice description or quantities and actual product received by buyer due to an error of SureWay must be made within 10 days of invoice date, and failure to make such claim shall result in waiver of any right to make any claim for such error.

6. Product Installation and Operation

Buyer assumes all responsibility for the proper selection, installation, operation and maintenance of the merchandise purchased from SureWay.

7. Items Returned for Credit & Repair
   
   

SureWay will return to the manufacturer for repair or replacement, any item SureWay carries or which was previously purchased from SureWay, provided, however, that buyer shall be responsible for any and all freight charges, service charges, and repair charges, even if the product is found to be beyond economical repair or buyer does not wish to pursue the repair after acknowledgment of the estimated repair charges.

8. Return Policy

You may return for exchange or credit any normally stocked item within 30 days from date of invoice for credit or refund of the purchase price and sales tax if applicable, provided: (1) Item has not been used, altered, or marred in any way (2) Item is returned with original wrapping in original container with all accessories, instruction manuals, warranties, papers, etc., in resale condition and (3) Item is returned with proof of purchase from SureWay. Items cannot be returned if they are: special ordered, not normally in stock, close-outs, clearance, used or blemished, etc. Shipping & handling charges are not refundable. Furthermore all returns are subject to a 15% restocking charge.

If any of the previous return conditions cannot be met, the following applies at the discretion of SureWay. Any defective item returned within the specific manufacture’s warranty period will be replaced/repaired in accordance with the manufacturers’ warranty guidelines. Replacement will be given only at the request of the manufacturer with proper proof of purchase. Any item returned as defective, found to be so as the result of improper usage and thus not covered by the manufacturer’s warranty will be treated as an item returned under the preceding paragraph.

To return any item, buyer must contact SureWay Customer Service: (973) 890-0615, Monday through Friday, 9:00am - 5:00pm EST. Request a Return Authorization Number. The Return Authorization (RA) number must be marked on the outside return label of the package. Please Note: SureWay will refuse delivery of any returned packages without a Return Authorization (RA) number displayed on the exterior of the returned package. Buyer is responsible, and will not be reimbursed, for necessary shipping and insurance costs for returned packages to SureWay. Include a copy of your original purchase invoice.

9. Purchase Orders

If the Buyer intends to issue purchase orders to the Seller from time to time, every purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery. Despite any provisions to the contrary all such orders will be made pursuant and subject to this agreement, whether specifically stated or not. If there is any inconsistency between the terms and conditions of this agreement and the terms of a purchase order, the terms and conditions of this agreement shall prevail.

10. Governing Law

The parties agree and intend that this agreement will be construed and interpreted in accordance with the laws of the State of New Jersey, including specifically the provisions of Chapter 2 of the New Jersey Uniform Commercial Code. The parties also acknowledge that the transaction that is the subject matter of this contract bears a reasonable relation to the State of New Jersey.

11. Arbitration

Any controversy or claim arising out of, in connection with, or relating to this agreement or a breach thereof shall be settled by arbitration pursuant to the arbitration rules governed by the State of New Jersey.

12. Complete Understanding