EV Warehouse LLC (ev-charger.com and evchargersusa.com)
1968 S. Coast Highway | Suite 639 | Laguna Beach, CA | 92651 | 949.592.8801 |
Commercial Terms and Conditions of Sale
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.
- You agree that these Terms of Services, combined with your act of using the services offered on this Site or clicking on “I Agree,” have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you will not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Products and Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
- Terms. These Terms shall supersede any conflicting terms and conditions on an order and EV Warehouse LLC will not be bound by any terms of Customer’s order documents that are in addition to or inconsistent with the Terms herein. All sales made by EV Warehouse LLC on https://ev-chargers.com and https://evchargersusa.com (the “EV Warehouse LLC Store”) are subject to these Terms unless otherwise agreed to in writing by a duly authorized officer of EV Warehouse LLC. Customer shall be deemed to have accepted the quotation and these Terms by EV Warehouse LLC’s receipt of order.
- Quotations. Terms as quoted by EV Warehouse LLC shall apply. Pricing on all EV Warehouse LLC quotations will be valid for thirty (30) days from the date of issue of a quotation, unless modified by EV Warehouse LLC in writing prior to acceptance of the quotation by Customer. In order to receive pricing specified on the quotation, Customer must return the signed quotation to EV Warehouse LLC within thirty (30) days from the date of issue and prior to the placement of an order. Customer’s mere acceptance of the quotation does not constitute an order.
- Ordering. All orders are firm unless written permission to cancel is issued by EV Warehouse LLC. All orders are subject to acceptance by EV Warehouse LLC. Orders may be submitted online at https://ev-chargers.com and https://evchargersusa.com
- Order Confirmations. If EV Warehouse LLC accepts an order, EV Warehouse LLC will send Customer a written order confirmation. EV Warehouse LLC will ship all orders as stated on the order confirmation.
- Prices. All prices are in USD. Prices, discounts, quotations, and specifications are subject to change without notice. You must notify EV Warehouse LLC promptly should you believe your order has a pricing error. EV Warehouse LLC reserves the right to change prices at any time. All prices are exclusive of all withholding, excise, sales, use and similar taxes, fees, charges, duties, and assessments, in each case imposed by any governmental authority on the transactions, shipments, or amounts payable hereunder (except taxes on EV Warehouse LLC’s income which shall be EV Warehouse LLC’s responsibility) (collectively, “Taxes”). Any Taxes on any sale will be charged to and paid by the Customer, unless Customer is a commercial entity engaged in the resale of the Products and provides EV Warehouse LLC a valid tax exemption certificate prior to purchase.
- Payment. Except as set forth below, all payments must be made in advance. When you pay by credit card, you must supply your credit card details when you place your order. You agree to pay all fees and charges for the order you make through the EV Warehouse LLC Store. You agree that EV Warehouse LLC may charge your credit card through the services of our payment service provider’s portal. We reserve the right to verify the identity of the credit card holder by requiring appropriate documentation. Your payment method will be charged when you place your order. We may seek pre-authorization of your card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If non-payment occurs due to a failed credit card transaction, then we may terminate the applicable order.
We accept PayPal, Discover Network, Visa, MasterCard, American Express credit cards, through our third-party payment service provider’s portal. We use PayPal and Stripe, Inc. (each a “Payment Service Providers”) as our third-party payment service providers. By purchasing a product on the EV Warehouse LLC Store, you hereby consent and authorize our use of the applicable Payment Service Provider to process your payment. We disclaim all liability with regards to any fees or problems you have with our Payment Service Provider. We may change our Payment Service Providers, and the credit and debit cards we accept, at any time without notice.
- Shipments. EV Warehouse LLC ships merchandise to street addresses within the 50 United States and the District of Columbia and Canada. Shipping will be billed at the prices in effect at the time of shipment and may include handling and insurance charges. All shipments are F.C.A. (Incoterms 2020) EV Warehouse LLC’s designated distribution center. EV Warehouse LLC will use commercially reasonable efforts to follow the specified routing requested by Customer for shipment. Otherwise, routing is determined by EV Warehouse LLC at its sole discretion.All standard delivery orders are shipped out within two (2) business days from the date on which the order is placed and confirmed; provided, however, that Products on backorder or pre-order will ship out on or about the estimated shipping date communicated to you at the time you place your order. Your order shipment will be delivered via UPS, FedEx or any other carrier we may engage. For orders placed on weekends or holidays or after cut-off times, the aforementioned two (2) business day period begins on the next business day. Shipment of oversized products may take additional time. You will receive email confirmation(s) as your order ships. You may not export any Products purchased on the EV Warehouse LLC Store. Most products generally will arrive within two to five business days from receipt of order
- Shipping Restrictions:
- Not all delivery options are available in all areas.
- Not all Products are available in all areas.
- Please add one (1) business day for orders delivered to Alaska, Hawaii, Maine and Canada.
- In residential or outlying areas, orders may be delivered as late as 9 p.m.
- We may not ship or deliver on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day or any other blackout day on which our designated carrier does not operate.
- Shipping and handling rates.
- Shipping rates are estimated based on cart weight and ship-to location and are included in the price.
- Tracking your order. As your order ships, we will send you an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in your email. Please note that tracking detail may not be active immediately with UPS or any other carrier we engage; in that case, check back in several hours or the following day. We do not allow address changes after an order has been accepted.
- Product Shortages. All claims for product shortages or incorrect shipments must be made within ten (10) days after receipt of the merchandise. Please call 530-887-1674 or fax claim to 530-887-8527.
- Freight Claims. If any shipment is received in a damaged condition, Customer must notify EV Warehouse LLC within 3 business days of receipt of such shipment by calling 530-887-1674.
- Returns. Unless a product is identified as being “non-returnable,” you may request a return for any Products ordered through the EV Warehouse LLC Store within thirty (30) days of receipt of your order, subject to all the following. If 30 days have elapsed since your purchase date, unfortunately, we can’t offer you a refund or exchange
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”.