Terms & Conditions

PLEASE NOTE:

Effective Nov 15, 2012 the United States Postal Service regulations state “Lithium batteries sent separate from equipment are prohibited” for both domestic and International shipments.

If your order contains one or more of ANY battery you MUST choose a courier service for shipping (UPS or FedEx). You cannot use the United States Postal Service (USPS). Should you choose the USPS service in error we will automatically change the shipping method to the lowest cost courier service available. If you have any questions please contact us at 1-877-744-3685 or admin@duraliteflightsystems.com.

Terms & Conditions of Use

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE PRODUCT. USE OF THE PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

The purpose of these terms & conditions is to warn you of the safety considerations surrounding products of this type so that you are better informed when making decisions and taking precautions concerning their use. These batteries are intended for RC flight only, no other use is approved. Because RC Modeling invariably requires decisions about preparation and deployment to pass beyond our control (and that of our retailers or agents) your decision to use this product incorporates your agreement that you have read, understood & follow the safety precautions printed here and that you agree to accept full responsibility for any injury, loss or damage resulting from all circumstances surrounding your use or misuse of this product and that you will hold Duralite Energy Systems, Inc. harmless & defend it in any action arising out of its use.

You are also responsible for inspecting and detecting any signs of damage or defect before and after flight and prior to charging and to discontinue use immediately if any such issue arises and that you understand that you should never charge li-ion & li-po batteries unattended.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE UNDER NO OBLIGATION TO PROCEED; INSTEAD YOU MAY CONTACT THE PLACE OF PURCHASE AND RETURN THE PRODUCT WITHIN 30 DAYS OF PURCHASE WITH THE ORIGINAL SALES INVOICE IN ITS ORIGINAL CONDITION FOR A FULL REFUND.

General Provisions
1. The above warranty only extends to the original purchaser and is not transferable or assignable.
2. Any damages or problems with the battery Product arising out of the Failure to follow the “DURALITE PLUS™ and DURALITE SENTINEL™ Battery Instructions For Use” & “DURALITE PLUS™ and DURALITE SENTINEL™ Battery Safety Information & Handling Precautions” shall void the above warranty on the battery Product.
3. All return shipping costs are the responsibility of the customer. COD shipments not accepted.
4. Tampering with or changing the Product in any way will void the above warranty.
5. Duralite Energy Systems, Inc. reserves the right to change or modify this warranty without notice.
6. By using the product, buyer agrees that all disputes arising out of purchase and/or use of the product shall be governed by the Laws of the State of Washington, regardless of the nature of the dispute, including, but not limited to, disputes or claims arising out of tort, contract, statute, product liability or under any warranty or term and condition of the acquisition.
7. All disputes arising out of use and/or purchase of the product shall be brought in the Washington State Superior Court, Whatcom County, which is located in Bellingham, Washington; buyer by purchasing the product hereby waives any challenge to subject matter or personal jurisdiction by the Washington State Superior Court, Whatcom County.

LIMITATION OF REMEDIES AND LIABILITY

Except as otherwise specifically stated herein, Duralite Energy Systems, Inc. disclaims and excludes to the greatest extent allowed by law all express and implied warranties for its products. Such disclaimer applies to and any and all express and implied warranties, including, but not limited to, the implied warranty of merchantability and any warranty that the product is fit for any particular use. The remedies above are the sole and exclusive remedies available to purchaser for any failure of the product, given the difficulties of proof of loss.

Neither Duralite Energy Systems, Inc. nor anyone else who has been involved in the creation, production or delivery of the product shall be liable, except as stated above, to you for any damages of any type, including, but not limited to, any lost profits, lost saving, personal injury, property damage, loss of anticipated benefits, or other incidental liability tort, or consequential damages arising out of the use or inability to use the product, whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, even if Duralite Energy Systems, Inc. has been advised of the possibility of such damages or for any other claim by any other party. Duralite Energy Systems, Inc.’s liability for damages in no event shall exceed the price of the product under the prorated amounts set out above.