Limited Warranty

This Limited Warranty for Electric Vehicle Charger Controller EVCC (“Warranty”) applies to you, the original purchaser of a new EVCC (EVCC-DPP-101-CCE) (the “EVCC”) from AmpedUp! Networks, LLC solely for use by you at your place of business or other location. This warranty is not transferable and is valid for purchasers located in the U.S.A. and Canada only.
LIMITED THREE-YEAR PARTS
EXCHANGE WARRANTY
Subject to the exclusions from Warranty coverage set forth below, AmpedUp! Networks warrants that, when used under normal operating conditions, your EVCC will be free from any defects in materials or workmanship for a period (the “Warranty Period”) of two (2) years from the date of original purchase. If, during the Warranty Period, your EVCC becomes defective in breach of the Warranty, AmpedUp! Networks will, upon written notice of the defect received during the Warranty Period, either repair or replace, at AmpedUp! Networks's election, the EVCC. The Warranty covers both parts and factory labor necessary to repair your EVCC, but does not include any on-site labor costs related to un-installing or reinstalling the repaired or replacement EVCC.

Follow These Steps to Obtain Warranty Service

1
If at any time during the term of your Warranty you believe you have a defective EVCC, contact Customer Support and request a Return Material Authorization (“RMA”) number from AmpedUp! Networks.
2
In connection with your RMA request, you will be asked for each of the following:
a. A detailed description of the problems you are experiencing with the EVCC;

b. The model number and serial number of the EVCC;
c. Proof of purchase; and
d. Shipping information.
3
If AmpedUp! Networks determines that the defect appears to be covered by your Warranty and your Warranty is still in effect you will be provided a Returned Material Authorization number (RMA number) to reference when returning the defective EVCC for repair or replacement.
4
Ship the defective EVCC to AmpedUp! Networks and reference the RMA number in the shipping documentation. The EVCC must be returned in its original shipping container or in another shipping container designed to prevent damage to the EVCC.
If your EVCC is covered by your Warranty, AmpedUp! Networks will either repair or replace the defective EVCC at no charge to you and ship the repaired or replaced EVCC back to you at AmpedUp! Networks’s expense.
5

Important

1
You are responsible for the proper installation and maintenance of the EVCC including the un-installing of any defective EVCC and the installation of repaired or replacement EVCC returned to you.
2
Any service or repairs beyond the scope of the Warranty above will be performed upon customer approval at AmpedUp! Networks then prevailing labor rates and other applicable charges.
3
Any EVCC that is found by AmpedUp! Networks to be out-of-warranty or otherwise ineligible for warranty service will be returned, repaired or replaced upon your approval at AmpedUp! Networks's standard charges at your expense.
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Please read carefully through the detailed descriptions of the WARRANTY, the EXCLUSIONS FROM LIMITED PRODUCT WARRANTY, and the LIMITATIONS ON WARRANTY AND LIABILITY to assure that your EVCC is eligible for warranty service without additional cost to you.

Replacement Parts or Charging Stations

You acknowledge that replacement parts or EVCC provided by AmpedUp! Networks under the Warranty may be re-manufactured or reconditioned parts or EVCC or, if the exact EVCC is no longer manufactured by AmpedUp! Networks, a EVCC with substantially similar functionality (“Replacement Products”). All replaced parts, whether under warranty or not, become the property of AmpedUp! Networks. Any replacement parts or EVCC so furnished will be warranted for the remainder of the original Warranty Period or ninety days from the date of delivery of such replacement parts or EVCC, whichever is later. Should AmpedUp! Networks be unable to repair or replace your EVCC, AmpedUp! Networks will refund the purchase price of the EVCC to you.

Exclusions from Warranty

IMPORTANT: The Warranty on your EVCC shall not apply to defects or service repairs resulting from the following:
Improper site preparation or maintenance, improper installation, cosmetic damage such as scratches and dents, or normal aging.
Abuse, vandalism, damage or other problems caused by accidents, misuse or negligence (including but not limited to physical damage from being struck by a vehicle), or use of the EVCC in a way other than as specified in the applicable AmpedUp! Networks documentation.
Installation, alteration, disassembly, modification or relocation of the EVCC that was not approved in writing by AmpedUp! Networks or performed by AmpedUp! Networks or by a certified AmpedUp! Networks installer or service provider.
Damage to the EVCC caused by software, interfacing, parts, supplies or any other product not supplied by AmpedUp! Networks.
Damage as a result of extreme power surge, extreme electromagnetic field or any acts of nature. Any other causes beyond the control of AmpedUp! Networks.

Limitations on Warranty and Liability

NO AGENT OF AMPEDUP NETWORKS IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF AMPEDUP NETWORKS. THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES. AMPEDUP NETWORKS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY SET FORTH ABOVE. ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF AMPEDUP NETWORKS HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT, ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER EXPIRATION OF THE WARRANTY PERIOD.

Some states or jurisdictions do not allow the exclusion of express or implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

AMPEDUP NETWORKS IS NOT 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, THE EVCC, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF AMPEDUP NETWORKS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF AMPEDUP NETWORKS FOR ALL CLAIMS WHATSOEVER RELATED TO THE EVCC WILL NOT EXCEED THE PRICE YOU PAID FOR THE EVCC. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF AMPEDUP NETWORKS AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Additional Information

This Warranty shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., exclusive of its conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply. This Warranty is the entire and exclusive agreement between you and AmpedUp! Networks with respect to its subject matter, and any modification or waiver of any provision of this statement is not effective unless expressly set forth in writing by an authorized representative of AmpedUp! Networks.
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