EV Charging Store Inc.

PRODUCT PURCHASE TERMS AND CONDITIONS

info@evchargingstore.com

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EV Charging Store, INC.  PLEASE READ IT CAREFULLY BEFORE PLACING YOUR ORDER.

  1. The following Consumer Terms and Conditions Hardware Only (the “Terms”) shall apply to orders (the “Order”) placed by the customer (“you” or “Customer”) and Orders accepted by, EV Charging Store, Inc., with its primary place of business in California, USA for provision of Electric Vehicle Supply Equipment, Charging Docks or Charging Stations (the “Product” or “Products”). These Terms and the Order together form the agreement between you and EV Charging Store Inc. the “Agreement” or “contract”). By placing the Order and entering into this Agreement, you authorize EV Charging Store to provide Products under these Terms as stated on the Order. These Terms do not apply to any contracting or home improvement services by EV Charging Store or an authorized subcontractor of EV Charging Store (“Services”); if you desire to purchase Services from or through EV Charging Store, different terms and processes will apply. These terms do not apply to the installation of any Products.
  2. CONTRACT PRICE. You shall pay EV Charging Store Inc. the amount stated on the Order. Unless otherwise stated on the Order, the prices for Products: (ii) are in U.S. Dollars payable by credit card or other payment methods offered by EV Charging Store; (iii) include applicable state and local sales and use tax; and (iv) include shipping and transportation charges.
  • For a purchase by credit card, you must provide us with all information that we reasonably request for authorization and verification of the purchase. Your order cannot be accepted until authorization and verification have occurred. We are unable to accept credit cards with non-U.S. billing information. If the credit card information you provide does not result in a successful, completed credit card transaction, you will be responsible for making payment in full to EV Charging Store Inc. through an alternative method. EV Charging Store will pre-authorize your credit card for the full amount of the Products ordered at the time you place your order. Payment is due, and your credit card will be charged upon shipment of the Products as described in the Order.

 

  1. The applicable tax rates charged for Products provided hereunder are based on information you provided to EV Charging Store about the delivery address. Should such information change or be incorrect, you shall reimburse EV Charging Store Inc. for any additional taxes due to the appropriate governmental authority.

 

  1. SHIPPING, HANDLING & DELIVERY. The Products shall be delivered as stated on the Order. “Shipping, Handling & Delivery” charges include certain of the internal and external costs which EV Charging Store Incurs to physically get the Products to you. These costs include inventory management systems, order processing and fulfillment coordination, transportation services, and logistics systems which support transporting Products from manufacturing facilities through distribution centers and ultimately to EV Charging Store’s customers. Unless otherwise stated on your Order or arranged by EV Charging Store Products purchased, shall be delivered to the address you provide on the Order, and EV Charging Store is not liable for any loss arising from delay in delivery of Products.
    1. Acceptance: Delivery notification is acceptance of product. You need to notify EV Charging Store within 3 days of delivery of failed or defective materials.
    2. Returns: All products shipped, sales are final. EV Charging Store will not be responsible for returns, or provide a refund for returned goods.
  • INSTALLATION SOLE RESPONSIBILITY OF CUSTOMER. You, the Customer, shall be solely responsible for, and hold harmless and indemnify EV Charging Store Inc. with respect to, all aspects of installation of the Products, including but not limited to all electrical and other contracting services, labor, materials, permits and inspections, equipment and supervision necessary to complete the installation thereof (collectively, “Installation”).
IMPORTANT:  The Customer is advised that the Installation of the Products:
    • Is electrical contracting work that should be performed by a qualified licensed electrical contractor;
    • Requires compliance with applicable national, state and local electrical and other building codes;
    • Will in almost all circumstances require obtaining a permit and related inspections from your local building code enforcement organization;
    • May require physical modification to the real property and upgrade, repair or replacement of certain electrical infrastructure where the Installation takes place, that should be performed by a qualified, licensed contractor;
    • May require the participation and approval of the owner of record of the property if you are not the property owner;
    • May require the participation and approval of any applicable Home Owners Association (HOA), Architectural Review Board, local or neighborhood preservation organization, or other relevant organizations which have authority to prohibit, permit or otherwise affect your ability to make improvements such as the Installation at the property;
    • May be subject to the filing of preliminary lien notices and liens against the real property where the Installation takes place by one or more licensed contractors to the extent permitted by applicable law, for the purpose of ensuring payment for contracting services performed and materials provided in connection with the Installation; and
    • Should only be completed in compliance with the installation instructions in the User’s Manual which accompanies the Product.
  1. INDEMNIFICATION, PERMITS & APPROVALS.  Indemnification: We encourage you to determine, prior to purchase of the Products, whether the use or installation will require the approval of any third party, including by way of example and not limitation a Property Owner, HOA and/or local government zoning authorities. By agreeing to these Terms, you agree to indemnify and hold harmless EV Charging Store for any liability, claims or damages whatsoever, including attorneys’ fees and costs, relating to claims by you, the Property Owner, any tenant or occupant of the property where the Products are used, any Home Owner’s Association or other similar organization (“HOA”), or any third party, that such Products were not authorized to be installed. If the property is subject to a lease, rental agreement or other written or verbal agreement between you and the Property Owner, there may be contractual and/or legal rights, obligations and other considerations including by way of example and not limitation landlord/tenant law, real property law regarding fixtures and improvements, maintenance obligations and the like which apply to the proposed Installation. In such case, you and the Property Owner are solely responsible for, and indemnify and hold harmless EV Charging Store from any issues and/or claims relating in any way to the installation of the Products and any agreements between you and the Property Owner. If you are unsure of your rights and obligations in connection with use or installation of the Products, you should consult with an independent attorney before ordering any Products. Permits/Approvals: Any permits, consents or permissions required, including by way of example and not limitation local zoning approvals, HOA permission, or additional permits shall be secured and paid for by you.
  • No WARRANTY. The Product is under terms of warranty from factory/manufacture. EV Charging Store is not responsible for warranty items.

 

  • LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, EV CHARGING STORE’S LIBILITY FOR CUSTOMER’S DAMAGES WILL, IN THE AGGREGATE, NOT EXCEED THE VALUE OF THE AGREEMENT. EV CHARGING STORE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES OF ANY NATURE ARISING FROM INSTALLATION, USE OR ANY OTHER CAUSES WHATSOEVER. EV CHARGIGN STORE WILL NOT BE LIABLE FOR THE ACTS, WORKMANSHIP OR NEGLIGENCE OF CUSTOMER’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS OR AGENTS. AV WILL NOT BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF ANTICIPATED PROFITS OR REVENUE RESULTING FROM THE PRODUCT’S INSTALLATION OR USE, EVEN IF AV OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE HANDLING, POSSESSION OR USE OF THE PRODUCT. THE LIMITATIONS CONTAINED IN THIS PARAGRAPH, HOWEVER, MAY NOT BE APPLICABLE TO YOU DEPENDING ON THE LAW IN YOUR STATE AND ARE ONLY APPLICABLE TO THE EXTENT PERMITTED BY LAW.

 

  • GOVERNING LAW. The purchase of Products or Services pursuant to this Agreement shall be governed by the laws of the State of California without regard for its conflict of laws provisions. Venue for any dispute regarding this Agreement or any resulting order shall be Orange County, California, and Customer expressly consents to the jurisdiction of its state and federal courts in connection with this Agreement or any resulting order. Customer waives any other venue to which either party might be entitled by domicile or otherwise.
  1. ENTIRE AGREEMENT. This Agreement constitutes the entire, complete and fully integrated agreement between EV Charging Store and Customer with respect to the subject matter hereof. Except as required by law, there are no other statements, representations, terms, covenants, warranties, guarantees, conditions, agreements or obligations in any way relating to EV Charging Store s marketing or sale of Products or Services to Customer, and Customer expressly disclaims any purported reliance on any prior oral and/or written representations. If any provision of these Terms is held invalid, void or unenforceable for any reason, that provision shall be severed and all other provisions of these Terms shall remain valid to the maximum extent permissible by law. These Terms shall only be modified by a document signed by both Customer and AV.

 

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