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EV Warehouse LLC (ev-charger.com and evchargersusa.com)
1968 S. Coast Highway | Suite 639 | Laguna Beach, CA | 92651 | 949.592.8801 |
BY ASSENTING TO THIS AGREEMENT, EITHER BY CLICKING “ACCEPT” OR CHECKING A BOX, YOU (“YOU” OR “CUSTOMER”) ASSENT TO THESE COMMERCIAL TERMS AND CONDITIONS OF SALE (THE “TERMS”), WHICH WILL BE DEEMED A BINDING CONTRACT BETWEEN CUSTOMER AND EV WAREHOUSE LLC ENERGY, INC. THROUGH ITS EV WAREHOUSE LLC DIVISION (“EV WAREHOUSE LLC”) FOR THE PURCHASE AND USE OF PRODUCTS MADE AVAILABLE BY EV WAREHOUSE LLC THROUGH THE ORDERING PROCESS DESCRIBED BELOW (THE “PRODUCTS”) UNLESS YOU HAVE ANOTHER VALID MASTER PURCHASE AGREEMENT WITH EV WAREHOUSE LLC WITH RESPECT TO THE PURCHASE OF SUCH PRODUCTS.
All Product returns MUST have prior authorization from EV Warehouse LLC as described below. Additionally, returns for refunds or exchanges must be made within 30 days of the original purchase date. Customer MUST request and obtain a return materials authorization (“RMA”) BEFORE returning any Product. To obtain an RMA, contact EV Warehouse LLC Technical Support 530-887-1674 or fax: 530-887-8527. Returns are accepted on unused Products in original packaging only. After Customer receives an RMA, Customer must package the Product securely in original packaging and clearly mark the RMA number on the outside of the box. EV Warehouse LLC will email Customer a pre-paid return shipment label or (in the case of an approved return for refund or exchange). EV Warehouse LLC will not accept collect shipments or shipments without a clearly identifiable RMA number. If EV Warehouse LLC provides Customer a pre-paid shipment label in connection with a valid Product return (other than a limited warranty return), EV Warehouse LLC may deduct the cost of shipment or damage incurred during shipping from any refund due. Customers will be invoiced for, and will pay, a 25% restocking charge for all Products returned for any reason other than a valid limited warranty claim.
Warranty; Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THE STANDARD LIMITED WARRANTY FOR THE PRODUCT (AVAILABLE AT EV Warehouse LLC.com/warranties), THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER, AND EV WAREHOUSE LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.
Intellectual Property and Trademarks. EV Warehouse LLC retains ownership of all intellectual property rights in the Products (including the Embedded Software). All content on this site, including but not limited to the trade name, marks, text, images, slogans, graphics, brands, product related phrases and information is owned by EV Warehouse LLC. The contents of the Site are copyrighted as a collective work under U.S. copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of EV Warehouse LLC. The Products are offered for sale and sold on the condition in every case that, except as expressly set forth below, such sale does not convey any license, express or implied, under any intellectual property right of EV Warehouse LLC, and all such rights are reserved. All software used on this site or in Products is the property of EV Warehouse LLC and EV Warehouse LLC’s ownership of this Intellectual Property is safeguarded by applicable U.S. and International Patent, Copyright and Trademarks norms and laws.
Indemnity. Customer shall defend, indemnify and hold harmless EV Warehouse LLC and its officers, directors, agents, contractors and employees from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs, including attorney’s fees and expenses, arising out of any claim arising from: (a) Customer’s installation or use of Products other than as described in the EV Warehouse LLC Documentation accompanying the product order or made available by EV Warehouse LLC online, or not to prevailing local or national electrical code or norms (b) any acts, or omissions of Customer, or its distributors, installers or agents, in marketing, selling, distributing, or installing the Products, (c) any unauthorized representations, warranties, or guarantees made by Customer or its distributors and installers, or any of Customer’s or its distributors’, installers’ or customers’ employees or agents, relating to the Products (d) any modification, changes or alterations to Product.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or Products and Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products and Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Products and Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products and Services or on any related website, should be taken to indicate that all information in the Products and Services or on any related website has been modified or updated.
Limitation of Liability. NOTHING IN THESE TERMS IS INTENDED TO LIMIT EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE OR FOR FRAUD, FRAUDULENT MISSTATEMENT OR FRAUDULENT MISREPRESENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EV WAREHOUSE LLC OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM OR RELATING TO THESE TERMS OR THE PRODUCTS, EVEN IF EV WAREHOUSE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EV WAREHOUSE LLC’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID TO EV WAREHOUSE LLC HEREUNDER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. EV WAREHOUSE LLC DISCLAIMS ALL LIABILITY OF ANY KIND OF EV WAREHOUSE LLC’S SUPPLIERS. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES SET FORTH IN THESE TERMS.
No Future Agreement Created. Shipment of Products does not constitute a commitment to accept or ship future product. EV Warehouse LLC retains all rights to decline a purchase order and/or terminate any contractual obligations on thirty (30) days written notice unless such rights are expressly waived by EV Warehouse LLC pursuant to a signed agreement with Customer.
Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. You agree that any action at law or in equity arising out of or relating to these Terms of Service that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, U.S.A. and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action, except nothing shall restrict EV Warehouse LLC from seeking relief to protect its intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Binding Arbitration and Class Action Waiver. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor EV Warehouse LLC will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. You and EV Warehouse LLC agree to arbitrate, as provided below, all disputes between you (including any related disputes involving EV Warehouse LLC, its parent companies, subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Products and Services or these Terms of Service, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and EV Warehouse LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms of Service are void or voidable.
A. In the event of a dispute, you or EV Warehouse LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to EV Warehouse LLC, 1968 S. Coast Highway, Suite 639, Laguna Beach, CA: Legal. We will send any notice of dispute to you at the contact information we have for you. You and EV Warehouse LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
B. If you and EV Warehouse LLC do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the borough of Manhattan, New York, New York; provided, however, that if circumstances prevent you from traveling to New York, JAMS may hold an in-person hearing in your hometown area. You and EV Warehouse LLC agree to submit to the exclusive jurisdiction of the federal or state courts located in the borough of Manhattan, New York, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or EV Warehouse LLC) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by EV Warehouse LLC to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the EV Warehouse LLC Products and Services or these Terms of Service.
Legal Compliance. Customer will at all times comply with all applicable laws and regulations, including (a) obtaining and complying with all reports, licenses, permits and authorizations required to perform hereunder, (b) obtaining and complying with all licenses and approvals required under all applicable export and import control laws and regulations including those of the U.S. Department of Treasury’s Office of Foreign Assets Control and the U.S. Bureau of Industry and Security (Customer acknowledges that Products and technical data delivered under these Terms are subject to U.S. export control laws), (c) complying with the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010 and similar applicable laws, and (d) not engaging in any unfair trade practice.
Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Products and Services constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Miscellaneous. Customer shall not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of EV Warehouse LLC. These Terms constitute the entire agreement between EV Warehouse LLC and Customer, and, except as expressly set forth in the first paragraph of these Terms, supersede all previous communications, course of dealing representations and agreements, whether oral or written, between Customer and EV Warehouse LLC with respect to the subject matter hereof. The Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by an officer of Customer and EV Warehouse LLC. No course of dealing or usage of trade may be invoked to modify this Agreement. The failure by EV Warehouse LLC to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms is unenforceable as written, the unenforceable provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in connection with the construction or interpretation of these Terms. EV Warehouse LLC shall not be held responsible for delays caused by Act of God, war, government rulings, civil disturbance, casualty, riots, strikes, pandemic, or labor disputes or any cause beyond its control. The term “including” means “including without limitation”.