Installation Terms of Service

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WEBASTO CHARGING SYSTEMS, INC.. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT, SIGNED BY YOU AND WEBASTO CHARGING SYSTEMS, INC., BEFORE COMMENCEMENT OF ANY SERVICES.

1. SCOPE.

The following Consumer Voucher Terms and Conditions – EV Solutions™ Electric Vehicle Product and/or Services- Dealer Program (U.S.) (“Terms”) shall apply to vouchers redeemed by customer (“you” or “Customer”) for orders placed through the Customer Order Acknowledgment Form or Online Order Portal and appointments scheduled (“Order” or “Orders”) and acceptance of such Orders by Webasto Charging Systems, Inc. (“Webasto”) with its primary place of business at 181 W. Huntington Dr., Suite 202, Monrovia, California 91016 for (a) provision of Electric Vehicle Supply Equipment, Charging Docks, Charging Stations, and the products, systems and installation hardware related thereto (“Product” or “Products”), provided by Webasto Charging Systems, Inc., and/or (b) site consultation, site assessment, Installation and related services (“Service” or “Services”) provided by Webasto Charging Systems, Inc.’s authorized service providers, to Customer.

Charging Dock, Project Management and Warranty Services are subject to standard WEBASTO Terms and Conditions – Electric Vehicle Supply Equipment, as attached. Installation Services are subject to acceptance of installer-specific Terms & Conditions provided by Webasto’s authorized, independent electrical contractor (“EC), at time of installation. While Webasto Charging Systems, Inc. does maintain a general contractor’s license, Webasto Charging Systems, Inc. is NOT acting as the general contractor in the execution of this contract. The Webasto-authorized EC assigned to your installation will be the contractor of record for the job.

2. LIST OF DOCUMENTS TO BE INCORPORATED INTO THE CONTRACT.

These Terms and the Order together form the agreement between you and Webasto Charging Systems, Inc. (“Agreement” or “contract”). These Terms shall apply only to Products and/or Services identified in the Order and provided within the continental United States, Alaska and Hawaii.

3. APPROXIMATE START DATE.

The Services shall commence on or about the “Requested Installation Date” provided in your Customer Order Acknowledgement Form or during the order process. The initial step in the commencement of Services will be a site consultation as set forth in Paragraph 5.

4. APPROXIMATE COMPLETION DATE.

The standard installation Services typically take one day to perform. Completion of the Services should be documented by an installation acceptance certificate as set forth in Paragraph 10.

5. SITE CONSULTATION.

When scheduling an appointment for installation of the Product(s) (“Installation”), Webasto Charging Systems, Inc. will also schedule a site consultation appointment, during which an independent, licensed EC will complete a pre-installation assessment of your proposed Installation site to assess your installation needs (“Site Consultation”) and determine required permits and inspections, if any, and the associated costs. The EC may also recommend additional necessary installation hardware or services in order to properly provide you with a functional installed system as further explained in the Custom Installation Section below (“Custom Work”). In all cases, the EC will identify any steps you may need to take or permits and inspections that may be required for the Installation.

6. DESCRIPTION OF THE PROJECT AND DESCRIPTION OF THE SIGNIFICANT MATERIALS TO BE USED AND EQUIPMENT TO BE INSTALLED.

Webasto Charging Systems, Inc. shall supply installation hardware, and an Webasto-authorized electrical contractor will supply all labor, materials, equipment and supervision necessary to provide the Products and/or Services as selected on your Order. By accepting the Order, you enter into this Agreement and authorize Webasto Charging Systems, Inc. to provide Products and an authorized EC to perform Services under these Terms at the real property location stated on the Order. Promptly upon ordering Services, you will be contacted by Webasto Charging Systems, Inc. to review the Service that will be provided by the EC and confirm your scheduled appointment time. At your Installation, the EC will perform the necessary electrical and other contracting services for the purposes of completing the Installation at the Site, testing the product, orienting you to product use and providing you with other relevant information. Installation Services ordered under the Agreement are limited to the initial, first-time Installation at the Site, and different terms and processes may apply to other Services.

Standard Installation: For the purpose of this Agreement, Standard Installation by an Webasto-authorized EC typically includes the following:

The following elements are specifically excluded from Standard Installations:

 

Custom Installation And Extra Work: In some situations the physical conditions at the Site as determined by the EC at the Site Consultation, including but not limited to, the existing electrical and service panel capacity, existing electrical loads, locating the product anywhere but a wall mount, and the distance between and proximity of the electrical service panel and the location for the product Installation, may require electrical and other contracting work incremental to that included in a Standard installation (“Custom Work”) be performed. There may also be situations in which permits and inspections are required for the Installation or you request changes, additions or alterations from the Order for Services, and such changes may require additional costs for applicable products, services and/or permits and inspections (“Extra Work”). In such a case, the EC will provide a quote for permits, inspections, hardware and services, which you may choose to accept or decline (“Quote”). You will receive a separate Quote for permits, inspections, additional hardware and services directly from the EC and will contract directly with the EC for Custom and Extra Work. You agree that Custom and Extra Work shall only be performed under a separate agreement and at prices agreed upon between you and the EC. Webasto Charging Systems, Inc. shall not be responsible for performing any Custom or Extra Work.

NOTE ABOUT EXTRA WORK AND CUSTOM WORK: Extra and Custom Work are not the responsibility of Webasto Charging Systems, Inc. Extra and Custom Work is only to be performed under a separate agreement and price structure negotiated directly between you and the EC. You are responsible for paying the EC directly for any Extra Work or Custom Installation Work.

NOTICE ABOUT THE PERFROMANCE OF EXTRA OR CHANGE-ORDER SERVICES: (A) A contractor is not required to perform additional work or changes without written approval in a “Change Order” before any of the new work is started. (B) Any extra work or a change order is not enforceable against a buyer unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) the scope of work encompassed by the order; (ii) the amount to be added or subtracted from the contract; and (iii) the effect the order will make in the progress payments or the completion date. (C) The contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

7. VOUCHER AS PAYMENT.

Redeeming the Voucher in accordance with these Terms entitles you to Product(s), warranty and Services as detailed on the Order, but does not include costs of permits or inspections, if any. Should there be permit or inspection costs, they shall be paid directly to the EC at time of Installation.

8. CONTRACT PRICE-RESPONSIBILITY FOR PAYMENT.

Webasto Charging Systems, Inc. has agreed to accept a commitment from a third party dealership (“Dealership”) for payment of the Voucher to facilitate financing Products and Services with the purchase of an automobile. Customer acknowledges Webasto Charging Systems, Inc. has the right not to accept the Order should Dealership fail to make its payment in accordance with its commitment to Webasto Charging Systems, Inc. In such an event Customer shall seek a refund for the value of the Voucher less cost incurred by Dealership as a result of the Order.

9. SITE REQUIREMENTS.

An adult, eighteen (18) years or older, must be present at the Site at all times when an EC is present. You, or an adult authorized by you with signature authority to legally bind you, must be present through the entire appointment for Site Consultation, Installation and any other Service performed at the Site.

10. ACCEPTANCE.

Upon Installation completion, the EC will give you an Installation Acceptance Form. By signing the Installation Acceptance Form, you accept the Product has been received in good working order and the Installation was properly performed and completed (“Installation Acceptance”).

11. AUTHORITY, PERMITS & APPROVALS.

Authority: Webasto Charging Systems, Inc.’s authorized EC will only perform Services and enter into Agreements with property owners of the relevant Site (“Owner”), or with the express written consent of the Owner for performance of Services. Under all circumstances, by agreeing to these Terms, you represent and warrant that you are the legal owner of the Site, have or will have permission from the Owner prior to performing any Services and/or have the legal authority to authorize any Services or related alteration of the physical structure at the Site, and will indemnify and hold harmless Webasto Charging Systems, Inc. and its authorized EC for any liability, claims or damages, including attorneys’ fees and costs, relating to claims by you, any tenant or occupant of the Site, Home Owner’s Association or similar organization, or third party, that such Products or any related Services were not authorized to be installed by an Webasto-authorized EC at the Site. If the Site is subject to lease, rental agreement or other written or verbal agreement between you and the Site’s Owner, there may be contractual and/or legal rights, obligations and considerations including but not limited to, landlord/ tenant law, real property law regarding fixtures and improvements, maintenance obligations and the like which apply to the proposed Services. In such case, you and the Owner are solely responsible for, and indemnify and hold harmless Webasto Charging Systems, Inc. and its authorized EC from any issues and/or claims relating in any way to the Services and any agreements between you and the Owner. If you are unsure of your rights and obligations in connection with the proposed Services at the Site, you should consult with an independent attorney before ordering any Products and Services.

Structural & Working Permits: The EC shall obtain any permits and licenses of a temporary nature necessary for the Services or permanent changes to the Site (collectively, “Permits”) prior to beginning Installation work, as well as obtain any final inspections required by your local permitting agency (collectively, “Permits and Inspections”). You agree to assist the EC in obtaining such Permits and Inspections. The EC will use commercially reasonable efforts to obtain necessary Permits and Inspections in a timely manner; however, the EC is not liable or responsible for any delays in obtaining Permits and Inspections.

Other Permits/Approvals: Any additional permits, consents or permissions required and not provided in the Order, including but not limited to local zoning approvals or permits other than Permits and Inspections shall be secured and paid for by you, and provided to the EC in a form acceptable to the EC in the EC’s sole discretion prior to Installation. Webasto Charging Systems, Inc. and the EC retain the right to terminate their obligations under this Agreement or the separate installation agreement upon written notice if it becomes aware Installation is not permitted under any applicable laws or regulations.

12. YOUR RESPONSIBILITIES PRIOR TO THE Webasto-AUTHORIZED EC’S PERFORMANCE OF SERVICES.

It is your responsibility to ensure that the EC has a safe, adequate work space to park a vehicle and inspect the Site during the Site Consultation and Service appointment. This will typically include providing access to the interior and exterior of your garage, carport or parking area, the location of your main electrical service panel and subpanels, and the areas surrounding and between these locations. You are also encouraged to determine, prior to the Site Consultation or Service appointment, whether the Services or Installation will require the approval of any third party, including but not limited to an Owner and/or local government zoning authorities. In preparation for any Installation appointment, it is your responsibility to:

(1) Read all components of the Agreements, including but not limited to the Quote and these Terms, carefully;
(2) Review the Installation Preparation Checklist which will be provided to you;
(3) Ensure that no material changes have occurred at the Site since the Site Consultation, or notify the EC if any material changes have occurred;
(4) Ensure that the EC has a safe, adequate work space to complete the Installation at the Site; and
(5) Obtain any required permits or other approvals not included in the Order.

13. IF YOU MISS OR CANCEL YOUR SERVICE APPOINTMENT.

If you cancel your appointment or if you or your authorized adult representative is not at the Site when the EC arrives for your scheduled appointment, the EC will not be able to conduct the Services, Site Consultation or perform Installation, as applicable. If this occurs, you may be charged and agree to pay any non-recoverable expenses incurred by the EC as a direct result of the missed appointment, plus an additional charge to reschedule an appointment as permitted by applicable laws. It shall be considered a material breach of this Agreement if you or your authorized adult representative is not at the Site when the EC arrives for your scheduled appointment.

14. MECHANIC’S LIEN WARNING.

Anyone who helps improve your property, but who is not paid, may record what is called a mechanic’s lien on your property. A mechanic’s lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘20-day Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB’s website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752). Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.

15. INTELLECTUAL PROPERTY.

(a) Ownership. Except as expressly provided herein, all right title and interest in and to intellectual property of any kind associated with Products is reserved to, and belongs to, Webasto. (b) No Reverse Engineering. You agree not to directly or indirectly disassemble, decode, peel components, decompile, modify, append, translate, copy, distribute, publicly display or otherwise reverse engineer or attempt to reverse engineer or derive source code from, or provide to third parties for such purpose, Products or any portion thereof. (c) Software License. Subject to these Terms, Webasto Charging Systems, Inc. grants you a non-exclusive license, to use the software embedded in the Products, and any upgrades thereto (the “Software”) solely (i) with the Products, and (ii) as instructed in Webasto Charging Systems, Inc.’s printed installation and operation instructions. The Software is the property of Webasto Charging Systems, Inc., contains confidential and proprietary information of Webasto Charging Systems, Inc., and is protected by applicable laws and international treaties.

16. LIMITED WARRANTY.

The Product and Installation Services are warranted to be free of defects in material and workmanship for a period of time stated in the Order, commencing from the date of installation by an Webasto Charging Systems, Inc. CC.

THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY Webasto Charging Systems, Inc. WITH RESPECT TO THE PRODUCTS AND SERVICES THEREOF. Webasto Charging Systems, Inc. UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS AND SERVICES EXCEPT AS OTHERWISE PROVIDED IN THE PURCHASE CONTRACT AND THIS WARRANTY. OTHER THAN EXPRESS AND/OR IMPLIED WARRANTIES REQUIRED BY APPLICABLE LAWS OR WHICH ARE REQUIRED TO EXTEND FOR A LONGER PERIOD, THERE ARE NO WARRANTIES THAT EXTEND BEYOND THIS LIMITED WARRANTY AND ANY REQUIRED WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.

To the extent permitted by applicable laws: (a) Webasto Charging Systems, Inc.’s total warranty expense with respect to any Product and/or Service is limited to a maximum of the purchase price paid by you for the Product and Service by an Webasto-authorized EC as applicable to a warranty claim; (b) Webasto’s liability under this warranty shall be limited to the repair or replacement, at Webasto Charging Systems, Inc.’s option, of defective: Products, component parts, or Services, together with any service call required for repairs or replacements covered by this warranty; replacement for defective Product may be in the form of an equal or similar product, at Webasto Charging Systems, Inc.’s option; and (c) Webasto Charging Systems, Inc. will not be liable for repair, replacement or service call costs for Products or Services not covered by this warranty, which shall be the Customer’s responsibility. This warranty may be voided by damage or excessive wear to the Products caused by abnormal operating or environmental conditions (including exposure to acid, chemical fumes, metallic dust or extreme temperatures), accident, misuse, vandalism, utility surges, unauthorized alteration or repair, or if Product was not installed, operated, serviced or maintained in strict compliance with the Product User’s Manual and other printed instructions provided by Webasto. Any evidence of an attempt to disassemble or reverse engineer the Product will void this warranty.

17. FORCE MAJEURE.

Webasto Charging Systems, Inc.shall not be liable for any loss or damage resulting from failure or delay of performance due to unforeseen circumstances or causes beyond their control, including without limitation; strikes; riots; war; fire; flood; vandalism; sabotage; acts of God; weather-related transit or shipping delays; inability to obtain materials or manufacturing facilities or compliance with any law, regulation or order, whether valid or invalid of any cognizant government body domestic or foreign.

18. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY LAW, Webasto Charging Systems, Inc.’S LIBILITY FOR CUSTOMER’S DAMAGES WILL, IN THE AGGREGATE, NOT EXCEED THE VALUE OF THE AGREEMENT. Webasto Charging Systems, Inc. WILL NOT BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES INCLUDING LOSS OF ANTICIPATED PROFITS OR REVENUE ARISING FROM INSTALLATION OR USE OF THE PRODUCTS EVEN IF Webasto Charging Systems, Inc. OR Webasto Charging Systems, Inc.CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER IS SOLELY RESPONSIBLE FOR THE ACTS, WORKMANSHIP OR NEGLIGENCE OF CUSTOMER’S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS OR AGENTS. CUSTOMER ASSUMES RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE HANDLING, POSSESSION OR USE OF THE PRODUCT. THE LIMITATIONS CONTAINED IN THIS PARAGRAPH, HOWEVER, MAY NOT BE APPLICABLE TO YOU DEPENDING ON THE LAW IN YOUR STATE AND ARE ONLY APPLICABLE TO THE EXTENT PERMITTED BY LAW.

19. GOVERNING LAW.

This Agreement shall be governed by the laws of the State of California without regard for its conflict of laws’ provisions. Venue for any dispute regarding this Agreement or any resulting order shall be Los Angeles County, California, and Customer expressly consents to the jurisdiction of its state and federal courts. Customer waives any other venue to which either party might be entitled by domicile or otherwise.

20. ENTIRE AGREEMENT.

This Agreement constitutes the entire, complete and fully integrated agreement between Webasto Charging Systems, Inc. and Customer with respect to the subject matter hereof. Except as required by law, there are no other statements, representations, terms, covenants, warranties, guarantees, conditions, agreements or obligations in any way relating to Webasto Charging Systems, Inc.’s marketing or sale of Products or Services to Customer, and Customer expressly disclaims any purported reliance on prior oral or written representations. If any provision of these Terms is held invalid, void or unenforceable for any reason, that provision shall be severed and all other provisions of these Terms shall remain valid to the maximum extent permissible by law. These Terms shall only be modified by a document signed by both Customer and Webasto Charging Systems, Inc.

21. Webasto Charging Systems, Inc.’S RIGHT TO CANCEL.

If you materially breach or fail to perform your obligations under this Agreement, Webasto Charging Systems, Inc. can terminate this Agreement without further recourse by you. If the Agreement is terminated, you agree to pay Webasto Charging Systems, Inc. any costs associated with the termination (pursuant to the section hereof entitled “Customer’s Right to Cancel”) and any amounts specified by the Agreement.

22. INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB).

CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: VISIT CSLB’s website at www.cslb.ca.gov or CALL CSLB at 1-800-321-CSLB (2752) or WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826

23. CUSTOMER’S THREE-DAY RIGHT TO CANCEL.

You have the right to cancel this contract within 3 business days. You may cancel by e-mail, mail, fax, or delivery of written notice to the Webasto Charging Systems, Inc. at the Webasto Charging Systems, Inc. ’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and notice. If you cancel, Webasto Charging Systems, Inc. must return anything you paid within 10 days of receiving notice of cancellation. You must make available to Webasto Charging Systems, Inc. at your residence, in substantially as good condition as you received it, any Products delivered to you under this contract. You may, if you wish, comply with Webasto Charging Systems, Inc.’s instructions on how to return the Products at Webasto Charging Systems, Inc.’s expense and risk. If you make Products available to Webasto Charging Systems, Inc. and Webasto Charging Systems, Inc. does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make Products available to Webasto, or if you agree to return Products to Webasto and fail to do so, then you remain liable for performance of all obligations under the contract.

By executing this contract to purchase hardware and installation services, you are expressly agreeing to conduct this transaction electronically.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date provided below.