Terms and Conditions of Sale and Use
Company
Information
These Standard Terms and Conditions of Sale and Use (“Terms”) govern all sales of products and services and all use of websites operated by EV Charge Solutions (the “Company,” “we,” “us,” or “our”), including but not limited to www.evchargesolutions.com (the “Website”).
These Terms apply to:
- All purchases made through the Website
- All telephone, email, and business-to-business (B2B) sales
- All purchase orders submitted to the Company
- All quotations and invoices issued by the Company
By placing an order or using the Website, you (“Customer”) agree to be bound by these Terms.
Acceptance
of Orders
All orders are subject to acceptance by the Company. The Company reserves the right to refuse or cancel any order at its discretion, including but not limited to errors in pricing, availability, or product description.
Pricing
and Payment
Prices are subject to change without notice. Quotations are valid only for the time period stated on the quote.
If a product is listed at an incorrect price due to typographical or system error, the Company reserves the right to refuse or cancel any order placed at the incorrect price. If payment has already been processed, the Company will issue a refund in the amount charged.
Payment terms for approved credit accounts will be specified separately. All other sales require payment prior to shipment unless otherwise agreed in writing.
Shipping
Policy
Shipping dates are estimates only and are not guaranteed. The Company shall not be liable for delays in shipment or delivery.
Risk of loss transfers to the Customer upon shipment.
Returns
and Restocking Policy
Products may be returned within thirty (30) days of the original shipment date only if:
- The product is unused and unopened
- The product is in its original packaging
- The product is in resalable condition
All returns require prior written authorization. Unauthorized returns may be refused.
Approved returns are subject to a thirty percent (30%) restocking fee. Shipping charges are non-refundable. The Customer is responsible for return freight costs unless otherwise agreed in writing.
Custom, special-order, non-stock, discontinued, clearance, and installed products are non-returnable.
The Company reserves the right to inspect returned merchandise prior to issuing credit. Refunds, if approved, will be processed in the original form of payment.
Products showing signs of installation, damage, misuse, alteration, or missing components are not eligible for return.
Warranty
Disclaimer
All products and services are provided “as is” unless otherwise expressly stated in writing.
To the fullest extent permitted by applicable law, the Company disclaims all express or implied warranties, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
The Company does not warrant that the Website will operate uninterrupted or error-free.
Some states do not allow limitations on implied warranties, so certain limitations may not apply.
Limitation
of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:
- The use or inability to use products
- Delays in shipment
- Website access
- Performance of products
The Company’s total liability shall not exceed the amount paid by the Customer for the product giving rise to the claim.
Intellectual
Property
All content on the Website, including text, graphics, logos, images, product descriptions, and software, is the property of EV Charge Solutions or its licensors and is protected by United States and international copyright and trademark laws.
No content may be copied, reproduced, distributed, modified, or transmitted without prior written consent.
Website
Use
Users of the Website agree not to:
- Engage in harassment or abusive conduct
- Upload unlawful, defamatory, or infringing content
- Impersonate Company employees or representatives
- Use the Website for unlawful or unauthorized purposes
The Company reserves the right to terminate access for violations of these Terms.
Indemnification
Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys’ fees) arising from:
- Violation of these Terms
- Misuse of products
- Improper installation
- Negligent or wrongful conduct
Third-Party
Links
The Website may contain links to third-party websites. The Company is not responsible for the content, policies, or practices of third-party sites.
Governing
Law and Venue
These Terms and all transactions are governed by the laws of the State of New York, without regard to conflict of law principles.
Jurisdiction and venue for any legal action shall be exclusively in the state or federal courts located in Monroe County, New York.
Any claim must be commenced within one (1) year from the date the cause of action arises.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
The Company may assign its rights and obligations under these Terms without notice. Customer may not assign rights without prior written consent.
Entire
Agreement
These Terms constitute the entire agreement between the Company and the Customer regarding sales and Website use and supersede all prior agreements, whether written or oral.
EV Charge Solutions® is the leading distributor of commercial EV charging equipment, accessories, and infrastructure solutions across North America solely focused on EV charging.
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