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Last Updated on January 2, 2004

Please read the Terms of Purchase carefully before completing your purchase

1. Acceptance

The terms and conditions set out below, together with the general Terms and Conditions of Use for this web site (the “Site”), are the terms of purchase that apply to your online purchases of products from Electrovaya Inc. (“Electrovaya”) through this Site (the “Terms of Purchase”). Please read the Terms of Purchase carefully before purchasing a product from Electrovaya through this Site. By making a purchase, you are confirming that you have read the Terms of Purchase and that you agree to be bound by the Terms of Purchase. The Terms of Purchase are subject to change without notice, therefore you should always read the Terms of Purchase before making a purchase. In the event of any conflict or inconsistency between the Terms of Purchase and any terms, rules, policies or guidelines posted elsewhere (and, to the extent applicable, all other terms and conditions made available to you (in any manner or form) in connection with any products or services purchased online on this Site), the Terms of Purchase shall be the governing terms.

2. Purchase of Products and/or Services

The products offered by Electrovaya are available for purchase by you, subject to availability. You agree to provide us with all information, including credit card information, required to complete the transaction of paying for your Products and/or Services.

3. Terms of Payment

Payments may only be made using a credit card. You authorize us to charge purchases and ongoing charges to the credit card that you provide when you purchase any products. The credit card holder/user must be the same person as the name printed on the card (owner of the card and account), and the credit card holder must be available to sign for the shipment upon delivery. All credit card fraud will be pursued and enforced to the fullest extent of the law.

4. Prices

All prices listed on the Site are quoted without shipping charges. Prices and specifications are subject to change without notice, therefore you should always check prices before making a purchase.

5. Taxes

Unless otherwise stated herein, the prices listed on the Site do not include customs duties or sales, use, excise, or other similar taxes. You may be required to pay, in addition to the prices quoted, the amount of any present or future customs duties or sales, use, excise or other similar tax applicable to the merchandise covered by this Agreement.

6. Back Orders

If Electrovaya is unable to immediately fill your entire order, the balance of the shipment will be placed on back order. Products in stock will be sent immediately unless you otherwise specify. If you wish to cancel a back order, you must do so prior to shipping, as all pending back orders will be automatically shipped upon their availability. All cancellations of back orders prior to shipment are subject to a administration fee equal to 10% of the price of the back order.

7. Shipping

Once your order has been placed with us, you will be given a confirmation via e-mail. Once your order has been shipped, you will be provided with the carrier’s tracking number so that you may track your order during shipping. If there is a problem with your order, we will contact you via e-mail. All deliveries are subject to the policies and procedures of Electrovaya, which policies and procedures are subject to change without prior written notice. Any estimated delivery date provided is approximate only, and Electrovaya shall not be liable for or held in breach due to any delivery made before or after the estimated delivery date. Please note that Electrovaya will assume that you have received each e-mail, unless and until you notify Electrovaya to the contrary.

8. Inspection and Acceptance

If we ship in error the incorrect product, please contact Electrovaya in North America at 1-800-388-2865, or outside North America at 1-905-822-6573 within 72 hours of receiving the incorrect product to arrange for pickup and re-shipment of the correct product, at no charge to you.

9. Returns

Other than for damage claims, which shall be handled as set out in Section 10. Below, if you are not completely satisfied with your purchase for any reason, you may return the product, in “like new” condition within fifteen (15) days of receipt for an exchange or refund. Return shipping freight charges are your responsibility. To return merchandise, contact Electrovaya in North America at 1-800-388-2865, or outside North America at 1-905-855-4610 for a RETURN AUTHORIZATION (R.M.A.) NUMBER and shipping instructions.

Refunds will be credited to the credit card that was used at the time of the initial order. Once Electrovaya receives the returned merchandise, please allow 1 to 2 billing cycles for the credit to appear on your statement. The original shipping and handling charges are non-refundable; tax will be automatically calculated and refunded based on the amount of the return.
All authorized returns will be subject to a restocking fee as a percentage of the price of each product to be returned as per the product type restocking guidline below:
Restocking fee for PowerPad products: 25% of the product price
Restocking fee for Scribbler products: 15% of the product price
Restocking fee for PowerPad and Scribbler accessories : 25% of the item price

10. Damage Claims

All products are shipped using carrier-approved materials and methods. All products are also carefully packed to prevent damage during shipment. Nevertheless, damage may occasionally occur in transit. Any damage is the responsibility of the carrier, not Electrovaya. Therefore, you must make all damage claims to the carrier.

In case of damage, retain all cartons, packing materials and damaged products for the carrier to inspect. Never refuse shipment or return it without approval since your right to make a damage claim may be denied. If the damage is apparent upon receipt, you must accept the products and note the damage and irregularities (such as crushed, torn or broken packing) on the freight bill and have the driver sign it as verification. If damage is not readily apparent at the time of arrival (where the box is intact but the merchandise inside is damaged), then you must report such damage to the carrier within one (1) Business Day after receipt of shipment. After inspecting the damaged products, the carrier will determine what course of action to take. All disputes as to the settlement amount or manner must be addressed with the carrier. Electrovaya, under no circumstances, shall be liable for products damaged in shipment or for subsequent settlement of the claim with the carrier.

11. Limited Warranty

Please see our site-page at www.electrovaya.com/support/limited warranty for our limited warranty, the terms and conditions of which are incorporated herein.

12. Indemnification

You shall defend, indemnify and hold harmless each of Electrovaya, its affiliates, and each of their officers, directors, employees and agents from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleged to have resulted, or resulting from your use of your online purchases of products from Electrovaya, or for any breach of these Terms of Purchase.

13. Choice of law

These Terms of Purchase shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.

14. Arbitration

Any and all claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) arising out of a product purchased through this Site or from these Terms of Purchase, or oral or written statements, advertisements or promotions relating to these Terms of Purchase or to such a product; or the relationships which result from these Terms of Purchase (including relationships with third parties who are not signatories to this agreement) (each, a "Claim"), will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained (if reasonably practical, who has experience in the battery field in Canada) and is independent of either party. If you have a Claim you should give notice to arbitrate to us at the address found under the Electrovaya contact information at the end of these Terms of Purchase, c/o Vice-President, Finance. If we have a Claim we will give you notice to arbitrate at your address. You hereby waive any right you may have to commence or participate in any class action against Electrovaya related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.

Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.

15. General

The Terms of Purchase (together with the Terms and Conditions of Use) constitute the entire agreement between Electrovaya and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Electrovaya or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms of Purchase or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Purchase, and the remainder of the Terms of Purchase shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Electrovaya. Electrovaya failure to insist upon or enforce strict performance of any provision of the Terms of Purchase or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms of Purchase shall be made except by a revised posting on this page. The Terms of Purchase shall enure to the benefit of Electrovaya and its affiliates. Any and all references in the Terms of Purchase to Electrovaya and its affiliates shall, where the context so permits, include Electrovaya’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. Electrovaya may assign its rights and duties under these Terms of Purchase to any party at any time without notice to you. You may not assign your rights and duties under these Terms of Purchase to any party at any time. The terms and conditions herein shall survive the completion of performance, cancellation or termination of these Terms of Purchase.

16. Questions on Terms of Purchase

Should you have any questions regarding the Terms of Purchase, you may contact Electrovaya at:

Customer Service

Electrovaya Inc.
2645 Royal Windsor Drive
Mississauga, Ontario
Canada L5J 1K9
or by sending an e-mail to customerservice@electrovaya.com