Evolt Charging Hardware Warranty Terms
APPENDIX A – WARRANTY TERMS FOR HARDWARE
1.General
1.1
These Warranty Terms form part of the Agreement and are appended to the General Terms of Sale.
1.2
In the event of conflict between these Warranty Terms and the General Terms of Sale, these terms shall prevail insofar as Warranty is involved.
2.Definitions
“Manufacturer” means the original manufacturer of the Hardware
“Warranty” means any warranty, guarantee, or similar assurance provided by the Manufacturer in respect of the Hardware, including standard and extended warranties, as defined in clause 2 and clause 3 of these terms.
“Warranty Certificate” means the document issued by EVOLT after acceptance of an Order in accordance with the General Terms of Sale, indicating the Hardware, a copy of the Manufacturer Warranty Terms, the Warranty Period and any extended warranty purchased by Customer as set out in the Order.
“Warranty Period” means the 12-month period of the Warranty starting from the date of delivery, or any longer period as it may be stated in the Order.
3.Warranty
2.1
EVOLT warrants to the Customer that on delivery and for the Warranty Period, the Hardware shall be free from material defects in design, material and workmanship; and comply in all material respects with the description set out in an Order.
2.2.
Any extended warranty will be detailed in the Order.
2.3
EVOLT shall provide Customer the Warranty Certificate.
2.4
The Warranty:
•
applies only for the Warranty Period;
•
is subject to all limitations, exclusions, and conditions specified by the Manufacturer; and
•
may impose requirements relating to installation, commissioning, operation, maintenance, and servicing; and may limit remedies, as determined solely by the Manufacturer.
2.5
EVOLT shall at its sole discretion, repair or replace defective Hardware in accordance with the Manufacturer Warranty Terms.
2.6
EVOLT shall have no greater liability or obligation to Customer than that accepted by the Manufacturer under the Warranty; and shall be entitled to rely on all limitations, exclusions, and defences available to the Manufacturer.
4.Extended Warranty
4.1
Where the Manufacturer makes available any extended warranty, the availability and duration of such extended warranty shall be indicated in the Quotation, along with the applicable fees.
4.2
Any extended warranty shall only take effect where expressly purchased under an Order and subject to the terms of the Warranty Certificate. EVOLT shall have no obligation to provide or procure any extended warranty not expressly included in the Order.
4.3
All Warranty terms remain subject to the Manufacturer’s applicable terms and conditions; and any limitations, exclusions, or conditions imposed by the Manufacturer.
5.Warranty Claims Procedure
5.1
Customer shall:
a)
notify EVOLT as soon as reasonably practicable from the moment it discovers any defect ;
b)
such notification shall be made to EVOLT’s Sales Representative, except where the Hardware is supported under a maintenance contract between EVOLT and Customer, in which case Customer may notify EVOLT by raising a ticket on EVOLT’s customer service portal.
c)
If reasonably requested by Supplier to validate the defect of the Hardware:
i.
Provide access to any relevant infrastructure if needed;
ii.
Provide operational data and logs; and
iii.
Assist in diagnostics where required.
5.2
EVOLT shall liaise with the Manufacturer on Customer’s behalf and provide reasonable information regarding the claims process.
5.3
EVOLT shall provide Customer any reasonable information required for Customer to claim under the Warranty.
6.Service Support Disclaimer
6.1
EVOLT does not provide any ongoing service, maintenance, or support for the Hardware unless Customer has purchased Maintenance Services from EVOLT under an Order, in which case any maintenance, support, or service obligations shall be governed by the Maintenance Services Supplemental Terms, unless Hardware is otherwise covered in a separate maintenance contract between EVOLT and Customer.
6.2
Without limitation, EVOLT does not warrant:
•
any level of uptime, availability, or performance of the Hardware;
•
continuity of charging services; or
•
response or repair times.
7.Software and Firmware Exclusion
7.1
The Hardware may include embedded software, firmware, or connectivity components.
7.2
EVOLT:
a)
provides no warranty in respect of software or firmware; and
b)
shall have no liability for bugs, defects, vulnerabilities, or incompatibilities in such software or firmware.
7.3
Any warranties relating to software or firmware (including updates, cybersecurity, interoperability, or performance) shall be:
a)
provided exclusively by the Manufacturer or relevant licensor; and
b)
subject to separate licence terms or warranty terms issued by such parties.
8.Spare Parts
8.1
EVOLT does not guarantee availability of spare parts, components, or replacement units for the Hardware.
8.2
The availability of spare parts shall be subject to the Manufacturer’s production and supply policies; and market availability.
8.3
EVOLT shall have no liability for any delay, shortage, or discontinuation of spare parts; or any inability to repair or replace Hardware due to lack of spare parts.
8.4
For the avoidance of doubt, any Hardware replaced under warranty become EVOLT’s property. All parts and components removed from the Hardware in the course of performing the Warranty services shall no longer constitute part of the Hardware and will be the property of the Supplier. All spare parts and/or replacements provided by EVOLT to Customer shall become part of the Hardware.
9.Exclusions and Limitations
9.1
These Warranty Terms set out EVOLT’s entire liability and Customer’s exclusive remedies for Warranty claims. All other warranties, representations, and conditions not expressly set out in these Warranty Terms, whether express, implied, or statutory, including fitness for purpose or merchantability are excluded to the full extent permitted by law.
9.2
EVOLT shall not be liable for:
a)
any failure of the Manufacturer to honour the Warranty;
b)
any delay in the Manufacturer’s performance of the Warranty;
c)
indirect or consequential losses
d)
loss of revenue, loss of use, loss of charging availability, or business interruption.
9.3
EVOLT’s total liability shall not exceed the value of any remedy actually recovered from the Manufacturer.
9.4
Nothing in these Warranty Terms excludes or limits liability which cannot be excluded or limited by law.
10.Customer Obligations
10.1
Customer shall:
a)
install, operate, and maintain the Hardware in accordance with Manufacturer instructions;
b)
ensure installation is undertaken by appropriately qualified personnel;
c)
comply with all Manufacturer Warranty conditions as notified by EVOLT;
d)
provide all cooperation reasonably required for EVOLT to investigate and validate any notified defect, including, but not limited to:
(i)
Ensuring safe and unrestricted access to the EV charging infrastructure related to the Hardware;
(ii)
Providing competent personnel capable of coordinating with EVOLT;
(iii)
Providing secure network connectivity for remote services provided by third parties in relation to the Hardware;
(iv)
Providing access to relevant operational data, system logs, and documentation provided by third parties in relation to the Hardware;
(v)
Ensuring that Product locations comply with health and safety requirements.
10.2
Failure by Customer to comply with these obligations may invalidate the Warranty, and EVOLT shall bear no responsibility for such invalidation.
11.Warranty Exclusions
11.1
The Warranty shall not apply for defects caused by:
a)
misuse, negligence, or improper operation;
b)
failure to follow EVOLT’s operating or maintenance instructions;
c)
unauthorised modifications, repairs, or alterations;
d)
use in conjunction with third-party equipment or software not approved by EVOLT;
e)
incorrect installation, commissioning, or configuration not performed or authorised by EVOLT;
f)
fair wear and tear or degradation of consumable components;
g)
operation outside of specified environmental, electrical, or site conditions; or
h)
external factors beyond EVOLT’s reasonable control, including but not limited to network outages, power failures, vandalism, acts of God, or other force majeure events.
i)
Customer’s failure to operate or use the Hardware in accordance with the user instructions manuals, and similar documents available to Customer;
j)
Wilful damage, damage resulting from transportation, abnormal storage or working conditions, accident, negligence by Customer or by any third party (including, but not limited to, if the charger has been used for charging anything other than an electric vehicle).
