Installation Manual

D-2
ChargePoint® Charging Stations
defect, in either its original package or packaging providing the Product with a degree of protection equivalent to that of the
original packaging, to CHARGEPOINT at the address below. You agree to obtain adequate insurance to cover loss or damage
to the Product during shipment.
If you obtain an RMA# and return the defective Product as described above, CHARGEPOINT will pay the cost of returning the
Product to CHARGEPOINT. Otherwise, you agree to bear such cost, and prior to receipt by CHARGEPOINT, you assume risk of
any loss or damage to the Product. CHARGEPOINT is responsible for the cost of return shipment to you if the CHARGEPOINT
Product is found to be defective.
Returned products which are found by CHARGEPOINT to be not defective, returned out-of-warranty or otherwise ineligible
for warranty service will be repaired or replaced at CHARGEPOINT’s standard charges and shipped back to you at your
expense.
At CHARGEPOINT’s sole option, CHARGEPOINT may perform repair service on the Product at your facility, and you agree to
provide CHARGEPOINT with all reasonable access to such facility and the Product, as required. On-site repair service is not
available outside the United States.
All replaced parts, whether under warranty or not, are the property of CHARGEPOINT.
WARRANTY LIMITATIONS
THE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR
ORAL, IS EXPRESSED OR IMPLIED BY CHARGEPOINT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THERE ARE NO
OTHER WARRANTIES RESPECTING THE PRODUCT AND DOCUMENTATION AND SERVICES PROVIDED UNDER THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF CHARGEPOINT OR DISTRIBUTOR HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST
INFRINGEMENT.
Some states or jurisdictions do not allow the exclusion of express or implied warranties so the above exclusions may not
apply to you. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED
WARRANTY SHALL BE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES
APPLY AFTER THE TOTAL WARRANTY PERIOD. Some states or jurisdictions do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you.
NO AGENT OF CHARGEPOINT IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF CHARGEPOINT.
CHARGEPOINT SPECIFICALLY DOES NOT WARRANT THAT ANY SOFTWARE WILL BE ERROR FREE OR OPERATE WITHOUT
INTERRUPTION.
THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATIONS OF LIABILITY
You acknowledge and agree that the consideration which you paid to CHARGEPOINT or one of its authorized distributors
does not include any consideration by CHARGEPOINT or one of its authorized distributors of the risk of consequential,
indirect or incidental damages which may arise in connection with your use of, or inability to use, the Product. THUS,
CHARGEPOINT OR ONE OF ITS AUTHORIZED DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS,
LOST DATA, LOSS OF USE, OR COST OF COVER INCURRED BY YOU ARISING OUT OF OR RELATED TO YOUR PURCHASE
OR USE OF, OR INABILITY TO USE, THIS PRODUCT OR THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN
AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY,
EVEN IF C CHARGEPOINT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE
CUMULATIVE LIABILITY OF CHARGEPOINT OR ONE OF ITS AUTHORIZED DISTRIBUTORS FOR ALL CLAIMS WHATSOEVER
RELATED TO THIS PRODUCT OR THE SERVICE WILL NOT EXCEED THE PRICE YOU PAID FOR THIS PRODUCT.
THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF CHARGEPOINT AND SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
THIS LIMITED PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.