Evolt Charging Installation Warranty Terms

APPENDIX B – WARRANTY TERMS FOR INSTALLATION SERVICES

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.Warranty

2.1
EVOLT warrants to Customer that Services shall be performed with reasonable skill, care and diligence and in accordance with Good Industry Practice.  

3.Warranty period

3.1
The warranty period for Installations is ninety (90) days following:
a.
completion of the Installation; or
b.
acceptance, if it has been agreed in the Order.
3.2
The warranty period for reperformed Installation is thirty (30) days from reperformance if the original warranty period expires earlier. In any event, the warranty period ends no later than one hundred and twenty (120) days from the beginning of the original warranty period.

4.Warranty claims

4.1
Customer will notify EVOLT in writing of any breach of the Installation warranty promptly upon discovery and always within the applicable warranty period.
4.2
EVOLT will remedy all breaches by reperforming the Installation within a reasonable time.
4.3
In case of warranty claim, Customer will:
a.
at its expense provide EVOLT access to the defective phases of the Installation;
b.
perform any necessary disassembly and reassembly; and
c.
provide EVOLT access to operation and maintenance data.
d.
pay EVOLT for any diagnostic and remedial work if it is established that no breach of the warranty existed.

5.Exclusions

5.1
Any warranty claim is excluded after the applicable warranty period expires. EVOLT excludes any warranty or liability for:
a)
faulty or negligent handling, or unusually excessive use;
b)
non-compliance with instructions in the Order, manuals, and similar documents available to Customer;
c)
any cause outside of EVOLT’s control;
d)
modifications or repairs made by anyone other than EVOLT or its authorised representatives; or
e)
use or implementation of suggestions, recommendations, reports, or other documents, including the outcome.

6.Exclusive remedy

6.1
This Appendix B states EVOLT’s entire liability and Customer’s exclusive rights and remedy for warranty claims. EVOLT makes no other warranty, express, implied or statutory, about the Installation, including any warranties of merchantability or fitness for a particular purpose.