TERMS OF SERVICE

OVERVIEW

This website is operated by Specialty Industrial Battery. Throughout the site, the terms “we,” “us,” and “our” refer to Specialty Industrial Battery. Specialty Industrial Battery offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of specialty-ib.com, you agree to be bound by these Terms of Service.

If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any Services.

Any new features, tools, products, or services added to the current store will also be subject to these Terms of Service.

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change, or replace any portion of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given us consent to allow any minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service, including but not limited to copyright laws.

You must not transmit worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of these Terms may result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions across various networks and changes made to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or contact through the website without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to provide accurate and useful information regarding industrial batteries, chargers, battery accessories, forklift battery fitment, specifications, dimensions, capacities, weights, maintenance, and related products.

However, we are not responsible if information made available on this site is inaccurate, incomplete, or not current.

Information provided on this site is intended for general informational purposes and should not be relied upon as the sole basis for selecting or installing an industrial battery, charger, or related component where equipment-specific specifications are required.

Customers are responsible for verifying applicable equipment requirements, including but not limited to:

• Battery voltage

• Battery compartment dimensions

• Minimum and maximum battery weight requirements

• Amp-hour capacity

• Connector type and polarity

• Charger compatibility

• Equipment manufacturer specifications

When necessary, customers should consult the forklift manufacturer, equipment data plate, battery compartment measurements, charger specifications, or other primary sources before purchasing or installing a product.

Any reliance on information presented on this website is at your own risk.

This site may contain historical information that is provided for reference only and may not reflect current products or specifications.

We reserve the right to modify the contents of this site at any time without obligation to update previously published information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any portion or content thereof, at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Product pricing displayed on the website may change due to manufacturer pricing changes, material costs, freight costs, availability, configuration, or other factors.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through specialty-ib.com.

Products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

Industrial batteries, chargers, and related products may vary in appearance from images shown on the website. Product photographs may be representative images and may not display the exact configuration, connector, cable, tray, watering system, branding, or other characteristics of the product ordered.

We make reasonable efforts to display product photographs, colors, dimensions, specifications, and descriptions accurately. However, we cannot guarantee that your device's display will accurately represent product colors or appearance.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of products or Services offered.

Product descriptions, specifications, availability, and pricing are subject to change at any time without notice.

We reserve the right to discontinue any product at any time.

Any offer for a product or Service made on this site is void where prohibited.

We do not warrant that any product, Service, information, or other material purchased or obtained through the website will meet every customer's expectations.

Product Fitment and Compatibility

Industrial battery and charger selection depends on the specifications of the equipment in which the product will be used.

Customers are responsible for providing accurate information when requesting fitment assistance, including forklift model information, battery compartment dimensions, battery data plate information, voltage, weight requirements, and other relevant specifications.

When Specialty Industrial Battery provides a battery recommendation, compatibility is based on the information available or supplied at the time of the recommendation.

Customers should verify final dimensions, voltage, weight, capacity, connector requirements, and equipment compatibility before installation.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, business, household, customer account, credit card, billing address, shipping address, or order.

These restrictions may include orders that appear to be placed by dealers, resellers, distributors, exporters, or other third parties.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, and/or telephone number provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and contact information so that we can complete transactions and contact you when necessary.

For additional information regarding returns, cancellations, and refunds, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools, calculators, selectors, fitment tools, product search tools, or other resources over which we may have limited or no control.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind.

We will have no liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion.

We may also introduce new Services, tools, resources, or website features in the future. Such features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and Services available through our website may include materials or links from third parties.

Third-party links may direct you to websites that are not affiliated with Specialty Industrial Battery.

We are not responsible for examining or evaluating the content, accuracy, policies, products, or practices of third-party websites.

We do not warrant and will not have liability or responsibility for third-party materials, websites, products, or Services.

We are not liable for harm or damages arising from purchases, transactions, products, Services, resources, or content obtained through third-party websites.

Please carefully review third-party policies and practices before engaging in transactions with them.

Questions or complaints regarding third-party products should be directed to the applicable third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us submissions, including suggestions, feedback, ideas, photographs, equipment information, product information, proposals, plans, or other materials, you agree that we may use those materials as permitted by applicable law.

Unless otherwise agreed, we are under no obligation to:

1. Maintain submitted comments in confidence;

2. Pay compensation for comments or suggestions; or

3. Respond to comments or submissions.

We may monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, objectionable, or in violation of intellectual property rights or these Terms.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene, defamatory, or malicious content, viruses, malware, or other harmful software.

You may not use a false email address, impersonate another person or organization, or otherwise mislead us regarding the origin of any submission.

You are responsible for the accuracy of information you provide.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Please refer to the Privacy Policy available on specialty-ib.com for additional information regarding how personal information is collected, used, and protected.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions.

These may relate to:

• Product descriptions

• Battery specifications

• Charger specifications

• Dimensions

• Weights

• Amp-hour ratings

• Pricing

• Promotions

• Offers

• Shipping charges

• Freight charges

• Transit times

• Product availability

• Equipment compatibility

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the Service is inaccurate at any time, including after an order has been submitted.

We have no obligation to update, amend, or clarify information in the Service except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions stated in these Terms of Service, you are prohibited from using the site or its content:

(a) For any unlawful purpose;

(b) To solicit others to perform or participate in unlawful acts;

(c) To violate international, federal, state, provincial, or local laws, regulations, rules, or ordinances;

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) To harass, abuse, insult, harm, defame, intimidate, or discriminate against others;

(f) To submit false or misleading information;

(g) To upload or transmit viruses, malware, or other malicious code;

(h) To improperly collect or track personal information of others;

(i) To spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise misuse the website;

(j) For any obscene or immoral purpose; or

(k) To interfere with or circumvent security features of the Service, website, related websites, or Internet systems.

We reserve the right to terminate your use of the Service or website for violating any prohibited use.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will always be uninterrupted, timely, secure, or error-free.

We do not warrant that results obtained through use of the Service, including product selectors, battery matching tools, fitment recommendations, calculators, or educational resources, will always be completely accurate or reliable.

You agree that we may periodically remove the Service or portions of the Service for maintenance, updates, or other reasons.

Your use of the Service is at your sole risk.

Except where expressly stated by Specialty Industrial Battery, the Service and products delivered through the Service are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied, except as otherwise required by applicable law.

This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, Specialty Industrial Battery and its owners, parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, suppliers, Service providers, and licensors will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, equipment downtime, lost productivity, replacement costs, or similar damages arising from your use of the Service or products purchased through the Service.

Where certain jurisdictions do not allow exclusions or limitations of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Specialty Industrial Battery and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, arising from your breach of these Terms of Service, violation of applicable law, or violation of the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be considered severed from these Terms of Service, and such determination will not affect the validity or enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to termination will survive termination of this agreement.

These Terms of Service remain effective unless and until terminated by either you or us.

You may terminate these Terms by discontinuing your use of our Services.

If, in our sole judgment, you fail or we suspect that you have failed to comply with these Terms, we may terminate this agreement without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any portion thereof.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted on specialty-ib.com relating to the Service, constitute the entire agreement between you and Specialty Industrial Battery regarding use of the Service.

These Terms supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to your use of the Service.

Any ambiguities in interpretation will not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements through which Specialty Industrial Battery provides Services will be governed by and construed in accordance with the applicable laws of the United States and the State in which Specialty Industrial Battery operates, without regard to conflict-of-law principles.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any portion of these Terms by posting updates to specialty-ib.com.

It is your responsibility to periodically review this page for changes.

Your continued use of or access to the website or Service after changes are posted constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Specialty Industrial Battery
Website: www.specialty-ib.com
Email: [email protected]

Additional company contact information may be found on the Contact page of specialty-ib.com.