ChargePoint® Charging Stations
A-2
Third Party Products
The above Limited Warranty and Five-Year Extended Warranty are exclusive of products manufactured by third parties (“
Third
Party Products
”). If such third party manufacturer provides a separate warranty with respect to the Third Party Product,
COULOMB will include such warranty in the packaging of the COULOMB Product.
OBTAINING WARRANTY SERVICE
To obtain warranty service you must: (a) obtain a return materials authorization number (“
RMA#
”) from COULOMB by contacting
1-877-370-3802 (or for customers outside the U.S., contact 408-370-3802) and ask for Customer Service, and (b) deliver the
Product, in accordance with the instructions provided by COULOMB, along with proof of purchase in the form of a copy of the bill
of sale including the Product’s serial number, contact information, RMA# and detailed description of the defect, in either its
original package or packaging providing the Product with a degree of protection equivalent to that of the original packaging, to
COULOMB 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, COULOMB will pay the cost of returning the Product
to COULOMB. Otherwise, you agree to bear such cost, and prior to receipt by COULOMB, you assume risk of any loss or damage to
the Product. COULOMB is responsible for the cost of return shipment to you if the COULOMB Product is found to be defective.
Returned products which are found by COULOMB to be not defective, returned out-of-warranty or otherwise ineligible for warranty
service will be repaired or replaced at COULOMB’s standard charges and shipped back to you at your expense.
At COULOMB’s sole option, COULOMB may perform repair service on the Product at your facility, and you agree to provide
COULOMB 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 COULOMB.
WARRANTY LIMITATIONS
The LIMITED warrantY set forth above IS exclusive and no other warranty, whether written or oral, is expressed or implied BY
COULOMB, 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 COULOMB 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 COULOMB IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF COULOMB.
COULOMB 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 COULOMB or one of its authorized distributors does not
include any consideration by COULOMB 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, COULOMB 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 COULOMB KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF COULOMB 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 COULOMB AND SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.