Terms and Conditions

One Source Batteries... Your One Source for Batteries on the Internet!

The following terms and conditions shall apply to all sales of products manufactured or distributed, or services rendered, by One Source Batteries Florida, LLC, a Florida limited liability company (“One Source Batteries”) to a buyer and/or any and all agents of a buyer (collectively, “Buyer”) in whatever manner or form Buyer is identified in a purchaser order, invoice, Online order, agreement, contract or other document evidencing a sale or transfer of products or services by One Source Batteries (each a “Order”).
1. Acceptance of Order. Any online order "Order" placed through the website known as www.onesourcebattery.com or www.onesourcebatteries.com shall be deemed to be an irrevocable offer by Buyer to purchase the products described in such order, and Buyer's offer will not be accepted by One Source Batteries until the payment method chosen by Buyer has been accepted by One Source Batteries.
2. Payment Terms. Except as otherwise provided herein or in any acceptance letter furnished by One Source Batteries to Buyer, payment in full will be made in advance for all products by credit card or other payment method approved by One Source Batteries. In all other circumstances, payment by Buyer shall be made, without offset or deduction, net thirty (30) days from date of invoice unless a longer term for payment has been agreed upon by One Source Batteries in writing. At the sole option of One Source Batteries, interest shall accrue and be payable upon One Source Batteries’ demand on amounts not paid by Buyer when due at the lower of: (1) one and one-half percent (1.50%) per month, or (2) the highest rate of interest then permitted by applicable law. To secure payment of all amounts due One Source Batteries, Buyer hereby grants One Source Batteries a security interest in and to all products, parts, accessories, tools, equipment and materials which may be sold and/or furnished by One Source Batteries to Buyer, and in all proceeds and products of the foregoing.
3. Returns. All sales are final. No goods may be returned without One Source Batteries prior issuance of a Return Material Authorization (“RMA”) number. The RMA number must appear on all packages returned to One Source Batteries and referred to in all related correspondence. Goods returned with freight due (Collect) and/or without acknowledgement of a restocking charge of 25% of the invoice will be refused. Unless otherwise directed All returns must be delivered to the following address:
   One Source Batteries
   Returns
   31829 Eight Mile Road
   Livonia, MI 48152
Any items returned to any other address unless directed otherwise in writing will be refused and no credit will be extended.
4. Shipping and Risk of Loss. One Source Batteries has several locations that it ships its goods from, all products described in an Order are sold EXW from the location in which One Source Batteries has chosen for the products ordered.
5. Intellectual Property. Any and all intellectual property associated with the goods sold under the Order is the result of the cumulative work of One Source Batteries and represents years of research and development. Except for the right to use the goods in accordance with the purposes for which they were intended, no other right, license or grant is made or implied to Buyer unless otherwise expressly agreed in writing by the parties.
6. Cancellations. One Source Batteries may cancel a Order at any time without penalty or other liability if One Source Batteries determines in its sole discretion that it is unable to meet the requirements of the Order.
7. Delivery/Shipments. Packaging requirements will be determined by One Source Batteries in its sole discretion. All shipments will be directed to the location described in the Order. If Buyer fails to specify a mode of shipment, One Source Batteries will select the mode which in its estimate provides the lowest reasonable transportation cost. Unless Buyer requests otherwise, One Source Batteries may choose to insure any shipments with the carrier and pass the costs of such insurance along to Buyer. All orders will be shipped within 48 business hours unless otherwise noted on the product page. One Source Batteries reserves the right to inform customers of extended lead times depending on the products availability.
8. Specifications. Buyer agrees to provide One Source Batteries with any and all required specifications relating to goods described in a PO. One Source Batteries’ obligations hereunder shall not commence until Buyer has provided One Source Batteries with any such required information. If Buyer fails to provide such specifications, then One Source Batteries may terminate any affected PO by providing written notice to Buyer.
9. Restrictions. Buyer will not cause or permit the modification, distribution, reverse engineering, de-compilation, disassembly or other translation of any goods or integrated software sold to it pursuant to any Order. Buyer will not alter, change, or remove from such goods any identification or markings, including, patent or copyright notices and trademarks.
10. Inspection and Acceptance. Unless One Source Batteries agrees in writing to the contrary, Buyer shall inspect each of the products delivered pursuant to a Order within five (5) days of delivery. In the event Buyer fails to notify One Source Batteries of any defect, deficiency, omission, or nonconforming delivery with respect to equipment or other products delivered to Buyer within such five (5) day period following delivery, Buyer shall be deemed to have unconditionally accepted delivery of each such product. If any product delivered or required to be delivered by One Source Batteries to Buyer shall be defective, omitted, or otherwise nonconforming, Buyer must deliver a written notice to One Source Batteries within the five (5) day period following the nonconforming delivery by One Source Batteries, specifying in said notice the particular defect, deficiency, omission, or nonconformity upon which Buyer is relying to justify rejection of delivery. Buyer hereby agrees that such five (5) day period is a reasonable period of time after delivery within which to reject such products. Within ten (10) business days following One Source Batteries receipt of Buyer's written notice of rejection with respect to any products sold, One Source Batteries may notify Buyer in writing of One Source Batteries intention to cure any such defective or nonconforming goods, and One Source Batteries shall have a reasonable period of time within which to make a conforming delivery or to otherwise correct or remedy the specific condition upon which Buyer is then relying in rejecting the equipment or other products. Any rejection properly made by Buyer shall apply only to nonconforming goods, and Buyer is required to complete its purchase of all other products pursuant to any and all Orders, strictly in accordance with the terms and conditions thereof.
11. Safety Disclaimer. By accepting delivery and utilizing the goods and services provided pursuant to any Order, Buyer acknowledges and accepts all the safety information provided by One Source Batteries and accepts One Source Batteries disclaimer of any and all liability for personal injuries associated with the use of such goods and services. Buyer agrees not to hold One Source Batteries liable for any injuries that occur in the installation, operation, maintenance, use or possession of the goods provided pursuant to a Order. Buyer acknowledges that the goods sold pursuant to a Order may include prototypes and may not have undergone product safety testing. Buyer will instruct all of its employees and other operators of such goods to exercise extreme caution when operating such goods and will undertake no efforts at repair or modification of such goods without the prior consent and direction of One Source Batteries.
12. Indemnification of One Source Batteries. Buyer assumes all liability of any nature whatsoever arising out of the use or possession of all goods and services provided under a Order and agrees to indemnify, protect, defend and hold harmless One Source Batteries, it’s officers, employees, stockholders, successors and assigns with respect to any claim, suit, action or judgment of any kind arising out of the installation, operation, maintenance, use or possession of the goods or services provided pursuant to any Order and any expenses related thereto including attorneys’ fees and costs.
13. WARRANTIES. DISCLAIMER. One Source Batteries warrants that each battery pack sold by One Source Batteries shall, for a period of one (1) year from One Source Batteries delivery of such unit, be free from defects in materials and workmanship and shall conform to its written specifications provided by One Source Batteries. This warranty does not cover defects or failure caused by improper handling, storage, maintenance or repair or by any modification, abuse or abnormal use of such goods after delivery by One Source Batteries. For any products produced by a third party and distributed by One Source Batteries, One Source Batteries will, as permitted by the third party, pass through any applicable warranties directly to Buyer and One Source Batteries will have no further obligations to Buyer with respect to such products. THE FOREGOING LIMITED WARRANTIES WITH RESPECT TO PRODUCTS ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES OF QUALITY OR PERFORMANCE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS OF SAID EQUIPMENT AND PRODUCTS FOR ANY PARTICULAR PURPOSE. ONE SOURCE BATTERIES HEREBY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY PRODUCTS SUPPLIED BY ONE SOURCE BATTERIES WITH RESPECT TO INSTALLATION IN ANY PARTICULAR SYSTEM OR WITH RESPECT TO ANY OTHER CLAIM. ONE SOURCE BATTERIES MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO ANY SERVICES PERFORMED BY ONE SOURCE BATTERIES OR ITS AGENTS. One Source Batteries does not authorize any person or entity (including, without limitation, One Source Batteries agents and employees) to make any representations (verbal or written) contrary to the terms of this limited warranty or its exclusions. Such terms of this limited warranty and its exclusions can only be effectively modified in writing and only by the President of One Source Batteries.
14. WARRANTY CLAIMS. If Buyer believes that any goods warranted by One Source Batteries are defective, then Buyer must obtain a RMA number from One Source Batteries prior to shipment of such defective goods back to One Source Batteries. The RMA number must appear on all packages returned to One Source Batteries and be referred to in all related correspondence. Return shipment of the damaged goods shall be at Buyer’s expense, and such goods shall not be returned, repaired or discarded without One Source Batteries written consent. Returned goods will be subject to inspection and final determination as to whether or not any adjustment is due. If the inspection shows that the warranty in Section 13 for the goods has been breached, then Buyer’s exclusive remedy against One Source Batteries, and One Source Batteries sole obligation, for any and all claims (whether for breach of warranty, breach of contract, tort (including negligence and strict liability) or otherwise) shall be limited to, at One Source Batteries option, repairing or replacing the defective good or refunding the purchase price of such defective good. Such repair, replacement or refund is the sole remedy with respect to defective goods. Refunds may be applied against Buyer’s open balances at One Source Batteries sole discretion. In no event shall One Source Batteries have any liability for damages in an amount exceeding the purchase price of the related defective goods nor shall One Source Batteries have any liability for incidental or consequential damages. The foregoing remedies (repair, replacement or refund) are Buyer’s sole and exclusive remedies with respect to all warranty claims on defective goods (including any express warranties and/or under any implied warranties not negated by these Terms and Conditions). Warranty claims must be made within the warranty period or are forever waived. The provisions of this Section limiting remedies to repair, replacement, or refund and limiting liability and excluding consequential or incidental damages are independent provisions and any determination that any such limitation of remedies fails of its essential purpose or any other determination that any of the aforementioned provisions are unenforceable, shall not be construed to make any other provision of these Terms and Conditions unenforceable.
15. DAMAGES AND LIMITATION OF LIABILITY. IN NO EVENT SHALL ONE SOURCE BATTERIES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH OR RELATING TO THE PROVISION OF ANY GOODS OR SERVICES TO BUYER UNDER ANY Order, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ONE SOURCE BATTERIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF BUYER GOODWILL, ATTORNEYS’ FEES, DAMAGE TO BUSINESS OR BUSINESS RELATIONS, LOSS OF USE OF EQUIPMENT, COST OF CAPITAL, CLAIMS BY CLIENTS OR CUSTOMERS OF BUYER, OR DAMAGES FOR ECONOMIC LOSSES OR PROPERTY DAMAGE ARISING FROM, CONNECTED WITH OR RELATING TO ONE SOURCE BATTERIES ACTS OR OMISSIONS, WHETHER UNDER NEGLIGENCE, STRICT LIABILITY, ENTERPRISE LIABILITY OR OTHER PRODUCT LIABILITY THEORIES. ONE SOURCE BATTERIES TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO ONE SOURCE BATTERIES PURSUANT TO A Order. ANY ACTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR SERVICES FURNISHED BY ONE SOURCE BATTERIES MUST BE BROUGHT BY BUYER WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OR THE APPLICABLE STATUTORY PERIOD, WHICHEVER IS SHORTER.
16. Force Majeure. One Source Batteries will not be deemed to be in default or otherwise responsible for delays or failures in performance resulting from acts of God, acts of war or civil disturbance, epidemics, governmental action or inaction, fires, earthquakes, unavailability of labor, materials, power or communication, or other causes beyond One Source Batteries reasonable control.
17. Waiver. Any failure of One Source Batteries to enforce any of the provisions, rights or remedies of any Order or these standard terms and conditions, to exercise any election or option provided therein or herein, or to require at any time performance of any of the provisions thereof or hereof, shall in no way be construed to be a waiver of such provisions, rights or remedies, nor in any way construed to affect the validity or enforceability of such Order or these standard terms and conditions, or any part thereof or hereof, or the right thereafter to enforce each and every such provisions, right or remedy.
18. Insolvency. One Source Batteries may immediately cancel all or part of any Order between One Source Batteries and Buyer, without any liability to One Source Batteries, in the event of any of the following: (a) insolvency of Buyer; (b) Buyer’s filing of a voluntary petition in bankruptcy; (c) the filing of an involuntary petition to have Buyer declared bankrupt provided it is not vacated within ninety (90) days from the filing date; (d) the appointment of a receiver or trustee for Buyer provided such appointment is not vacated within ninety (90) days from the appointment date; or (e) the execution by Buyer of an assignment for the benefit of creditors.
19. Amendment. No amendment or modification of these terms and conditions or any Order shall be of any force and effect unless in writing and signed by the party claimed to be bound thereby, and no amendment or modification shall be effected by an acknowledgment or acceptance by One Source Batteries of a purchase order from Buyer containing any different terms and conditions. In the event such new terms and conditions are inconsistent with these terms and conditions, these terms and conditions shall govern any such inconsistencies.
20. Severability. Whenever possible, each provision of these terms and conditions and of any Order will be interpreted in such a way as to be effective and valid under applicable law. If a provision is prohibited by or invalid under applicable law, it will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions.
21. Assignment. These standard terms and conditions, and any related Order, shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however, that Buyer shall not transfer, sell, assign, pledge or encumber any of its rights, interests, or obligations hereunder or thereunder without the prior written consent of One Source Batteries.

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