e-commerce Retail & Sales Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY, BECAUSE THEY CREATE A BINDING AGREEMENT BETWEEN YOU (“you” or “User”) AND SMART CHARGE RESIDENTIAL, INC., D.B.A. SMART CHARGE AMERICA (“Smart Charge America”), AND THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY PURCHASING SMART CHARGE AMERICA HARDWARE OR OTHER PRODUCTS DIRECTLY FROM SMART CHARGE AMERICA AND INDICATING YOUR ASSENT TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU WILL NOT BE PERMITTED TO COMPLETE ANY PURCHASES OF PRODUCTS FROM SMART CHARGE AMERICA.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS IN SECTION 21. THE TERMS AND CONDITIONS IN SECTION 21 AFFECT YOUR RIGHTS REGARDING RESOLVING DISPUTES WITH SMART CHARGE AMERICA. ACCORDINGLY, YOU SHOULD REVIEW IT CAREFULLY.
Smart Charge America offers an electronic vehicle charging solution for home and business users with hardware and online support services through various charging Original Equipment Manufacturer (OEM) for control of charging functions of intelligent charging dEVices that is accessible locally on a network and remotely through the Internet via a website and a mobile application.
1.1. “You” and “your” are terms that refer to you, the purchaser of hardware or other products from Smart Charge America.
1.2. “We,” “us,” and “our” are terms that refer to Smart Charge America.
2. Sales and Refund Terms
These Terms govern only the purchase and sale of products from Smart Charge America through Smart Charge America’s website at www.SmartChargeAmerica.com (the “Website”) as well as any other means of direct sales.
4.1. If you order a product from Smart Charge America, for instance by using its website, you agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion or we may not accept an order because an ordered product is not available and not in stock.
4.2. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by sending email to accounting@SmartChargeAmerica.com.
4.3. If an ordered product is unavailable or out of stock or we do not accept your order for another reason, we will inform you by email and will refund any payment for the product if it was already charged to you.
4.4. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
4.5. Smart Charge America will not be responsible for the minimum differences or inaccuracies that you may perceive between the products and how they appear on the Website and the products you receive, including but not limited to difference caused by problems of displaying the Website, quality of the photographic reproductions, problems caused by your browser or computer, or similar. Smart Charge America uses reasonable care to display a faithful image of the products offered on its Website.
Purchase and Sale of Products
Once Smart Charge America accepts your order, your purchase of the ordered products will be complete, and Smart Charge America agrees to sell you the products listed in your order.
6. Pricing and payment
6.1. The price listed on the Website or those quoted via direct sales when you submit an order is the price you will pay for ordered products. Prices listed on the Website or quoted via direct sales do not include the taxes or the cost of shipping and handling. Taxes and the cost of shipping are shown as separate line items on your order and the confirmation email. You will be charged after your order is accepted. Smart Charge America accepts the following types of payment: credit or debit card, PayPal, check, or bank transfer.
6.2. All prices posted on the Website or quoted via direct sales are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes.
6.3. You represent and warrant that
(i) the payment information you supply to us is true, correct, and complete,
(ii) you are duly authorized to use such payment method for the purchase,
(iii) charges incurred by you will be honored by your payment card issuer or payment service provider, and
(iv) you will pay charges incurred by you at the posted prices, including all shipping and handling charges and applicable taxes.
7. Delivery and Shipment
7.1. We will arrange for the ordered products to be shipped to you via a carrier as shown on the Website or quoted via direct sales. The risk of loss and title for ordered products pass to you once we deliver them to the carrier.
7.2. Smart Charge America estimates that shipments to locations in the continental United States will occur within an estimated period of sEVen (7) business days after the date of receipt of payment for parcel orders or fourteen (14) business days for freight or LTL orders, except in cases of force majeure. Shipments to Hawaii, Alaska, Puerto Rico, and other U.S. territories may take longer. Deliveries will be made on working days, from Monday to Saturday. This delivery period is only an estimate and is not a firm deadline. Smart Charge America is not liable for a reasonable delay beyond the estimated delivery date subject to applicable law.
7.3. When you receive the ordered products, if you see that the packaging has been opened, please contact Smart Charge America immediately by sending an email to accounting@SmartChargeAmerica.com for further instructions.
7.4. If Smart Charge America fails to deliver the ordered product within thirty (30) days after payment is complete, you may terminate the purchase and obtain a refund by sending an email to accounting@SmartChargeAmerica.com.
8. Intellectual and Industrial Property Rights
The products you order from Smart Charge America, as well as all the components and/or constituent part of the same, including but not limited to, dEVices, technologies, source code, designs, text, trademarks, logos, videos, and images, are protected by intellectual property laws and rights. Smart Charge America and its licensors are the owners of the relEVant intellectual and industrial property rights in the same and/or have obtained for their use the relEVant authorizations or permits from the third parties that are the owners thereof. Thus, you shall take no actions to violate the intellectual property rights of Smart Charge America or its licensors or to challenge, oppose, or interfere with any applications by Smart Charge America or its licensors for intellectual property protection in any of the same.
The products you order are protected by the limited manufacturers warranty for said product as it is amended from time to time, which is incorporated by reference as if fully set forth. Please refer to the products OEM warranty for warranty repair or replacement service or a refund if you beliEVe the ordered products you receive are defective. You will need to provide proof of purchase when you return any ordered products.
If Smart Charge America provides a refund to you for an ordered product under warranty, Smart Charge America will provide the refund within thirty (30) days after receiving the product back from you that you ordered. If, for any other reason, you are not satisfied with the ordered product you receive from Smart Charge America, you may return the product within thirty (30) days after receiving it for a refund after Smart Charge America receives your returned item, as long as:
• You pay for the return shipping.
• You have not used the product and it is in the same condition in which you received it.
• You return the product in its original packaging.
• Your return is accompanied by proof of purchase.
• You contact accounting@SmartChargeAmerica.com to obtain an RMA number and instructions for the return. Any refund will be made using the same payment method used for ordering the product.
11. DISCLAIMER OF WARRANTIES
EXCEPT AS WARRANTED IN THE LIMITED WARRANTY REFERENCED ABOVE IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART CHARGE AMERICA PROVIDES THE ORDERED PRODUCTS “AS IS,” SMART CHARGE AMERICA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AND SMART CHARGE AMERICA HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SMART CHARGE AMERICA OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SMART CHARGE AMERICA OR ONE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. EXCEPT AS SET FORTH IN SMART CHARGE AMERICA’S STATEMENT OF LIMITED WARRANTY REFERENCED IN SECTION 9, SMART CHARGE AMERICA SHALL NOT BE LIABLE FOR COSTS ASSOCIATED WITH THE REPLACEMENT OR REPAIR OF PRODUCT, INCLUDING, BUT NOT LIMITED TO, LABOR, INSTALLATION, OR OTHER COSTS INCURRED BY YOU AND, IN PARTICULAR, ANY COSTS RELATING TO THE REMOVAL OR REPLACEMENT OF ANY PRODUCT. IN NO EVENT SHALL SMART CHARGE AMERICA’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THESE TERMS, SMART CHARGE AMERICA’S STATEMENT OF WARRANTY, OR THE ORDERED PRODUCTS, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN SOME JURISDICTIONS, SOME EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
13. Activation of DEVices and Recharging Points
13.1. After the installation of ordered hardware dEVices, you agree to register them through the purchased OEM’s Website or their specific application, by accessing their registered Account process. You must use the activated charging point in accordance with the OEM’s instructions for use, and must refrain from any use of the product in a way that is not permitted in the instructions.
13.2. Smart Charge America is entitled to withdraw any registered charging point, or to block or cancel access to the charging service, if the Client has not paid the service fee(s) for Smart Charge America’s Service; if you are adjudged insolvent or bankrupt or are subject of a bankruptcy petition or other proceedings by or against you seeking relief under the laws relating to insolvency; if you have damaged the charging point; or if Smart Charge America detects any improper or fraudulent use of the charging service.
13.3. You agree to inform Smart Charge America promptly of any damage, defect, or malfunction in the charging point by sending email to accounting@SmartChargeAmerica.com.
You must be 18 years of age or older to purchase products from Smart Charge America. Our products are not intended for or marketed to children.
15. Geographic Restrictions
Smart Charge America is based in the State of Texas in the United States and sells products only to persons located in the United States for shipment within the United States. You acknowledge that you may not be able to purchase products outside of the United States and that purchases by certain persons or persons in certain countries may not be legal. You are responsible for compliance with applicable laws.
16. Privacy and Security
17. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, hurricane, tsunami, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, rEVolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or Internet or telecommunication breakdowns or power outages.
18. Written Communications
By accepting these Terms, You agree that most of the communications with Smart Charge America will be electronic. Smart Charge America will contact you by electronic mail or by displaying notices in the Service. You consent to the use of these electronic means of communication and acknowledge that any notice, information and other communications electronically sent by Smart Charge America comply with any statutory or other legal requirement of being in writing.
19. Applicable Law
Use shall be governed by the internal laws of the State of Texas, USA without giving effect to its conflicts of laws principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If you want to contact Smart Charge America’s customer service for assistance, you can use the following means:
Sending an electronic mail to the address accounting@SmartChargeAmerica.com.
Sending mail to Smart Charge America, 4616 W. Howard Ln., Bldg. 2, Ste. 400, Austin, TX 78728.
21. Dispute Resolution
ANY CONTROVERSIES, DISPUTES, AND CLAIMS (collectively, “Claims”) ARISING OUT OF OR RELATING TO THESE TERMS, THE PURCHASE OF PRODUCTS FROM SMART CHARGE AMERICA, AND/OR THE HARDWARE OR OTHER PRODUCTS PURCHASED FROM SMART CHARGE AMERICA SHALL BE SETTLED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS. Arbitration will be administered by JAMS, Inc. pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Travis County, Texas U.S.A. The language of the arbitration shall be English. Nothing in these Terms shall be construed to preclude Smart Charge America from seeking injunctive relief, damages, or other relief based on an infringement of Smart Charge America’s intellectual property rights. The parties irrEVocably consent to the jurisdiction of the federal and state courts located in Travis County, Texas for the purpose of resolving any action at law or in equity not subject to arbitration arising out of or relating to these Terms, or brought by Smart Charge America under the prEVious sentence. To the maximum extent permitted by applicable law, no arbitration or claim under these Terms by you shall be joined with any other arbitration or claim, including that of another purchaser, and no class arbitration proceedings shall occur, and you waive any rights to class arbitration. You must bring any claim, action, or proceeding against Smart Charge America no later than two (2) years after the claim or cause of action arose.
Smart Charge America may, from time to time, amend the Terms by posting a new version to the Website. The version of the Terms applicable to any purchase is the version in force at the time of your order. You are responsible for rEViewing the Terms each time you order products from us. You will be required to accept the then-current version of the Terms each time you submit an order for products.
The Terms constitute the entire agreement and understanding between Smart Charge America and you and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. Except as set forth in Section 22, no amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by you and an authorized representative of Smart Charge America. The unenforceability of any provision or provisions of these Terms shall not render unenforceable or impair its remainder. If any provision of these Terms is deemed invalid or unenforceable in whole or in part, the Terms shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render them valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The headings in these Terms are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of the Terms. Smart Charge America may assign its rights under these Terms to any successor in interest. You may not assign your rights or obligations under the Terms without Smart Charge America’s advance written permission. These Terms will be binding upon, and inure to the benefit of Smart Charge America, and its successors and assigns, and you and your permitted heirs, representatives, successors, and assigns.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Smart Charge America. The collective work includes works that are licensed to Smart Charge America. Copyright 2023, Smart Charge America ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Smart Charge America or purchasing Smart Charge America products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Smart Charge America or to purchase Smart Charge America products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Smart Charge America. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Smart Charge America used in the site are trademarks or registered trademarks of Smart Charge America®.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Smart Charge America disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Smart Charge America does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Smart Charge America does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Smart Charge America shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, EVen if Smart Charge America has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the EVent that a Smart Charge America product is mistakenly listed at an incorrect price, Smart Charge America reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Smart Charge America reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Smart Charge America shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Smart Charge America without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Smart Charge America may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Smart Charge America.
Your use of this site shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Smart Charge America products) shall be in the state or federal courts located in Travis County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Smart Charge America products) must be commenced within one (1) year after the claim or cause of action arises. Smart Charge America’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Smart Charge America may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Smart Charge America or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Smart Charge America does not and cannot rEView all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Smart Charge America is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. HowEVer, Smart Charge America reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Smart Charge America in its sole discretion.
You agree to indemnify, defend, and hold harmless Smart Charge America, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Smart Charge America may link to sites operated by third parties. HowEVer, EVen if the third party is affiliated with Smart Charge America, Smart Charge America has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Smart Charge America. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Smart Charge America seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).