These Supplementary Terms and Conditions will apply to the hardware (“Hardware”) purchased by Customer from EV-olution Charging Systems under an Order Form or through the Dashboard, as applicable, and is incorporated into, and form part of, the Agreement. Capitalized terms not otherwise defined in these Supplementary Terms and Conditions will have the meanings ascribed to such terms in the EV-olution Charging Systems Network Services Agreement or the Order Form.
1. Shipping and Delivery of Hardware
1.1. EV-olution Charging Systems is responsible for organizing the shipping of Hardware to the Sites specified in the Order Form. If multiple Sites are specified in the Order Form, Hardware will be shipped to each Site following the specifications of the Site List section of the Order Form. If Customer wishes to have the Hardware shipped to an alternate delivery point, this must be specified in the Order Form.
1.2. Delivery dates specified in the Order Form or any communications between EV-olution Charging Systems representatives and Customer are approximate, unless specified as firm and binding. Delivery performance is dependent upon prompt receipt from Customer of all specifications, delivery point(s), and on-site contacts at delivery point(s).
1.3. Unless otherwise agreed upon in the Order Form, Customer will be responsible for all shipping costs, which will be added to EV-olution Charging Systems’s final invoice to Customer.
2. Hardware Warranties
2.1. EV-olution Charging Systems agrees to pass through to Customer any warranties given by its third-party vendors, especially original equipment manufacturers (“OEMs”) of EVCS.
2.2. OEM warranty periods will begin when the Hardware has been delivered to the Sites or the alternate delivery point specified in the Order Form.
2.3. If Customer wishes to make a Hardware warranty claim, Customer may contact EV-olution Charging Systems or the OEM directly. Incases that Customer contacts EV-olution Charging Systems with a warranty claim, EV-olution Charging Systems will assist Customer in filing a claim with the OEM and make commercially reasonable efforts to ensure the OEM prioritizes Customer’s claim.
EV-olution Charging Systems will provide Customer with any OEM supplied documentation, including manufacturers’ specification sheets, data sheets, installation manuals, operations manuals, user manuals, and warranty documentation.
4. Termination of Hardware Order
Customer may terminate the provision of the Hardware pursuant to this Agreement only no later than 30 days’ prior to delivery by written notice and payment of termination charges, including but not limited to: all costs incurred by EV-olution Charging Systems prior to the effective date of notice of termination and all expenses incurred by EV-olution Charging Systems attributable to the termination, plus a fixed sum of 10% of the total Hardware price to compensate for the disruption of scheduling, planned production, restocking costs and other indirect costs.