ENERGY SOLUTIONS LEGAL STATEMENT
K2 Energy Solutions, Inc. (hereinafter "K2 Energy"), maintains this
site (the "Site") for personal entertainment, education,
communication and information. You may browse the Site. You may also download
material displayed on the Site for non-commercial,
personal use only provided you also retain all copyright and other notices
contained on the materials. You may not, however, distribute, modify, transmit,
reuse, repost or use the content of the Site for public or commercial purposes,
including the text, images, audio and video without K2 Energy's written
By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions listed below and acknowledge that any other agreements, oral or otherwise, between you and K2 Energy regarding this subject matter are superseded and of no force or effect.
Terms and Conditions
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of K2 Energy. K2 Energy neither warrants nor represents that use by you of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with K2 Energy.
2. K2 Energy uses reasonable efforts to include accurate and up-to-date information on the Site but makes no warranties or representations as to its accuracy. K2 Energy assumes no, and specifically disclaims, liability or responsibility for any and all errors or omissions in the content of the Site.
3. Your use of the Site are at your own risk. Neither K2 Energy nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punit ive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIC ULAR PURPOSE, OR NON-INFRINGEMENT. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should review your local laws for any restrictions or limitations regarding the exclusion of implied warranties. K2 Energy also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by K2 Energy or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, K2 Energy is free to use any concepts, ideas, know-how, processes, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, K2 Energy. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Your unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and you will be liable for all costs, claims and damages related to such use.
6. The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of K2 Energy Solutions, Inc., its customers and others. Nothing contained on the Site may be construed as granting, by estoppel, implication, or otherwise, any license or right to use any Trademark depicted or displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. Please be advised that K2 Energy Solutions, Inc., will aggressively enforce its intellectual property rights to the fullest extent of the law.
7. You are prohibited from posting or transmitting unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Although K2 Energy may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, K2 Energy is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. K2 Energy will cooperate with any law enforcement authorities or court order requesting or directing K2 Energy to disclose the identity of anyone posting any such information or materials.< br>
8. K2 Energy has not reviewed the sites linked to the Site or their content and is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
9. Software from this Site may be further subject to United States export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. We may at any time revise these Terms and Conditions of this Site by updating the information contained in this section. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
STANDARD TERMS AND CONDITIONS OF
Unless otherwise agreed to
by K2 Energy Solutions, Inc. (“K2”) in writing, the following terms and
conditions apply to all orders and shipments of any batteries, cells,
components, systems, goods or other products (the “Products”) sold by K2 to any
party (a “Purchaser”). Prices and other
terms and conditions are subject to change by
and Order Confirmation: Quotations made by K2 will not be binding until
The order confirmation and these Standard Terms and Conditions of Sale constitute the agreement concerning the sale of goods between the parties, unless another written agreement has been executed by the parties and accepted by the Supplier.
The purchase price is the amount listed in a
Payment: The purchase price payment
for any Products shall be made at the time of order or within 30 days of invoicing
if Purchaser has received prior credit approval. In addition to any other right
or remedy it may have, K2 shall be entitled to interest at a rate equal to the
lesser of 1 1/2% per month or the maximum allowed by law on all overdue
payments plus all costs and expenses of collection. All goods remain the property (even though the risk of
loss may have passed to Purchaser) of
Shipping: Standard shipping terms
are: Ex Works (Incoterms EXW)
Force Majeure: Orders are
accepted on the condition that the following circumstances shall be considered
beyond the control of K2, and
Inspection: Purchaser shall inspect each shipment of product supplied. Claims for order deficiencies are waived unless presented to Seller in writing within ten (10) days of delivery of each shipment.
Product Returns: Products will not be
accepted for return unless K2 and Purchaser have agreed to such return in writing
DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET
FORTH IN THIS STANDARD LIMITED WARRANTY, AS IT MAY BE AMENDED BY K2 FROM TIME
WARRANTY AND LIMITATION OF
guarantees that supplied goods AND PRODUCTS shall be free from defects which
are proved to be solely due to the Supplier’s workmanship and materials, for a
period NINETY (90) DAYS FROM the date of delivery, unless (a) another warranty
period is stated in the K2’s quotation, order confirmation, PRO-FORMA INVOICE
or invoice.OR; (B)NO WARRANTY PERIOD IS
STATED, IN WHICH CASE THE PRODUCT IS SOLD “AS IS, WITH ALL FAULTS”, IN WHICH CASE
NO WARRANTY SHALL APPLY. IN NO EVENT SHALL K2 BE LIABLE FOR ANY INCIDENTAL, SPECIAL, DELAY,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION
COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR
PROSPECTIVE BUSINESS, PROFITS, EXPENDITURES, INVESTMENTS OR OTHER COMMITMENTS,
WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS
REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE PRODUCTS, COST OF
CAPITAL, OR FOR THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON
WHATSOEVER, EVEN IF K2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. PURCHASER AND ITS CUSTOMERS’ SOLE REMEDY FOR ANY BREACH OF WARRANTY
CLAIM WILL BE REPLACEMENT, REPAIR OR CREDIT FOR THE DEFECTIVE PRODUCT SOLD BY
PURCHASER HAS BEEN INFORMED THAT THE ITEMS MAY MALFUNCTION OR BECOME UNSTABLE WHEN SUBJECTED TO (i) WET CONDITIONS, (ii) AN IMPACT FORCE OR SHOCK GREATER THAN THAT SET FORTH IN RELEVANT SPECIFICATIONS, (iii) PUNCTURE OR OTHER EVENT PENETRATING THE CANISTER, (iv) shorting of the battery; (v) over charging; (vi) over discharging OR (vi) ANY OTHER CONDITIONS DIFFERENT FROM THOSE FOR WHICH THE ITEMS WERE ORIGINALLY DESIGNED, AND THAT PURCHASER SHOULD TAKE PROPER STEPS TO PROTECT THE PRODUCTS AND ITEMS INSIDE THE PRODUCTS FROM SUCH CONDITIONS.
Some states restrict the
extent to which warranties may be disclaimed, it is
Intellectual Property: Purchaser acknowledges K2’s ownership of all right,
title and interest in all of K2’s trade names, trade marks and service marks, including
without limitation the names or titles listed in this invoice (”Marks”). Purchaser
acknowledges K2’s ownership of all right, title and interest in all of K2’s
other intellectual property, including without limitation, patents, business
processes, trade secrets, supplier information, customer lists, employee
information and other proprietary information of economic benefit
Purchaser will represent,
display and demonstrate K2’s product and services fairly at all times, and will
refrain from making any knowingly false or misleading statements, claims or
representations with respect to K2, K2’s products or services, or any of K2’s
other resellers, partners or Affiliates. Purchaser will maintain high standards
of professionalism in marketing and using K2’s products and services, and will
refrain from any unethical conduct or any other conduct that tends to damage
the reputation of
Export: Purchaser agrees to take
any and all actions necessary to comply with applicable
Changes: These Terms and Conditions
of Sale are incorporated in any contract, purchase order, invoice or acceptance
Interpretation: If any provision of these Standard Terms and Conditions of Sale shall, to any extent, be invalid or unenforceable, the remainder of these Standard Terms and Conditions of Sale shall not be affected thereby and each other provision of these Standard Terms and Conditions of Sale shall be enforced to the fullest extent permitted by law.
General: Purchaser acknowledges that he has read and understands these Terms and Conditions, and agrees to be bound by them, that it is the complete and exclusive statement of the agreement between the parties and supersedes all proposals, oral and written, Purchaser's terms and conditions or purchase as laid down in Purchaser's purchase order, if any, and all other communications between the parties relating to the product ordered hereunder. Modification of the terms and conditions for specific orders will be accomplished by agreeing to a modified version of the Terms and Conditions that embodies the special changes for a specific order. No waiver of a breach or a provision of these Terms and Conditions shall constitute a waiver of any other breach or provision. If any part of these Terms and Conditions is declared null and void, the remaining portions shall remain in full force and effect.
Acceptance: By ordering any product from K2, whether through the internet, telephone, facsimile or otherwise, the Purchaser agrees to be bound by these Standard Terms and Conditions of Sale, as well as any other terms and conditions contained propounded by K2 from time to time.
Governing Law: These Standard
Terms and Conditions and any disputes or proceedings between K2 and Purchaser
shall be governed by the laws of