Terms And Conditions

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. Definitions

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.

3. Terms of Use

Use of embedded software within hardware you purchase, Smart Charge America’s online support and service through various charging OEMs for control of charging functions of intelligent charging hardware dEVices (the “Service”), the Smart Charge America website, or Smart Charge America’s mobile application are not governed by these Terms. Instead, they are governed by the Terms of Use at https://SmartChargeAmerica.com, as they are amended from time to time.

4. Orders

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.

9. Warranty

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.

10. Refunds

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.

14. Children

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

Our privacy and security practices are described in our Privacy Policy at https://SmartChargeAmerica.com, as amended from time to time. Our Privacy Policy is incorporated by reference in these Terms as if fully set forth. Payment information you provide to our payment gateway is protected using Transport Layer Security (TLS) (the successor to secure sockets layer (SSL).

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.

20. Support

If you want to contact Smart Charge America’s customer service for assistance, you can use the following means:

Electronic mail
Sending an electronic mail to the address accounting@SmartChargeAmerica.com.

Postal mail
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.

22. Amendments

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.

23. Miscellaneous

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.

Copyright

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.

Trademarks

All trademarks, service marks and trade names of Smart Charge America used in the site are trademarks or registered trademarks of Smart Charge America®.

Warranty Disclaimer

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.

Typographical Errors

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.

Term; Termination

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.

Notice

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.

Miscellaneous

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.

Participation Disclaimer

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.

Indemnification

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.

Third-Party Links

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).

 

 

 

 

Commercial Sales TERMS & CONDITIONS:

Smart Charge America a D.B.A. of Smart Charge Residential, Inc. – Acknowledgment – TERMS AND CONDITIONS FOR COMMERCIAL SALES
This Acknowledgment constitutes acceptance of Customer’s service estimate, quote or proposal for the services specified herein (“Services”), subject to Customer’s consent to the Terms and Conditions of Service below.  Any additional or different terms, including but not limited to those on Customer’s purchase order, are hereby objected to by Smart Charge America (“Contractor” or “SCA”).  If SCA does not receive a written objection within 10 days of the date of this Acknowledgement, Customer’s service estimate, as amended or supplemented by this Acknowledgement, constitutes a binding obligation to engage SCA to provide the Services.

Electric Installation Services: Smart Charge America is a licensed, insured & bonded electrical contractor certified to perform the duties and services herein. Smart Charge America’s offerings include, but are not limited to Consulting, Design, Planning, Distribution, Installation & Servicing. Installation services may include the following:  

Inclusions:

  1. Normal business working hours of 7:00am – 3:30pm, Monday – Friday.
  2. All installations are carried out according to the most up to date, State, Local, ADA, OEM & NEC Article 625 EVSE Installation Requirements.
  3. Job Safety Analysis.
  4. Assemble, installation and commissioning of charger(s).
  5. Cable length measurement and voltage test before and after install.
  6. Charge simulator testing verification for each J1772/NACS port.
  7. 1-year charger equipment parts and factory labor warranty, howEVer certain OEMs may vary.
  8. 1-year electrical parts and labor warranty.
  9. Install may or may not include pole mounted EV charging only signage.
  10. Inspect existing electrical circuit for condition, size, torque of conductors at breaker, proper breaker size, length for voltage drop and that it is feeding no other loads.
  11. 811 “Call Before You Dig Coordination” – Underground utility location for trenching to include; phone, data, electrical utility,
    water, waste, natural gas, etc.
Exclusions:
    1. OT, weekend or holiday work outside of normal business working hours of 7:00am – 3:30pm, Monday – Friday.
    2. Movement of any obstructions within our installation path. Customer is responsible for marking off the installation site and assumes all liability for damages to personal property in failing to maintain a free & clear working area from debris and/or obstacles, i.e. vehicles, trash, materials, etc. Customer acknowledges they will maintain a proper working environment & safe parameters for our workers to perform their work.
    3. Any cost associated with adding a Wi-fi or cellular booster(s)/repeater(s) due to inadequate Wi-fi or cellular signal.
    4. Additional coring should Smart Charge America not be able to utilize existing openings between garage floors/walls.
    5. Additional materials, equipment and labor if ground is frozen at the time of installation.
    6. Any cost associated with a load study to determine existing electrical load.
    7. Any load calculations applied to the following design is a branch load calculation per national electric code. This does not take into consideration the overall electric service. In order to accurately determine the current loads and available capacity an analysis or electrical load study must be completed by a certified engineer.
    8. This estimate is contingent upon physical inspection of all existing electrical equipment. The electrical panel(s) may be locked during the initial site survey, thus breaker space and available electrical capacity may or may not be verified.
    9. Cost to provide breaker space and/or electrical capacity if existing spare circuits are in use or buss space is not available.
    10. Where applicable, this estimate may be contingent upon inspection of existing electrical equipment. The electrical panel(s) were locked during site survey, breaker space and available electrical capacity could not be verified.
    11. Any additional costs imposed by the Utility, including but not limited to dry utility consulting services.
    12. Any certified validation documentation as may be required from the authority having jurisdiction (AHJ), e.g. stamped drawings/prints, plan rEViews, utility design fees, permits, inspections, etc. are the sole responsibility of the customer and must be requested in writing at separate and additional costs prior to services being rendered. SCA will try to utilize any existing permit pulled for the original approved scope of work.
    13. Cost associated with any type of materials and labor needed for modification or replacement of existing electrical panel, if said panel(s) are found to be in poor condition or will not pass inspection by the Authority Having Jurisdiction (AHJ).
    14. Non-electrical repairs including, but not limited to separated trade services needed to complete the installation not included inside original estimate, e.g. painting, plaster/sheetrock, striping, paving and/or exterior finish/materials.
    15. Cost to repair irrigation system breaks and/or wiring, landscape lighting or vegetation damaged from trenching, excavating, demolition and/or boring.
    16. GPR concrete scanning to aid in identification and avoidance of unseen structural, mechanical, electrical, and plumbing systems encased inside concrete.
    17. Where applicable, all civil work including, but not limited to trenching, saw cutting, boring, rental equipment and/or all concrete work.
    18. Any cost associated with color matching of saw cutting and backfill. Color matching of concrete and/or asphalt is extremely difficult and requires a specialist to obtain specific aesthetics.
    19. Cost associated with any type of metered parking and labor for the transport of tools and materials should our technicians not have direct vehicular access to the work area.
    20. Customers may work with their own electrical contractor to perform all necessary construction to the point where the stations can be bolted down and connected. SCA will install the station on the prepared site. The customer will be responsible for validation of all electrical capacity, transformers, panels, breakers, wiring, cellular coverage and that station installation meets all charger manufacturer’s published requirements in addition to local codes.
  • Changes in Material/Equipment prices due to availability or fluctuation in manufacturer costs.
    1. If an existing raceway used inside the installation’s scope of work is deemed unusable due to routing, damage or incorrect size, a new raceway with conductors will need to be installed at customer expense.
  • Install electric circuits designed for continuous load at 125% of EV charge current draw prior to tie-in. Conductors must be sized for continuous load and 3% maximum voltage drop @ 32A continuous load per circuit. 2 pole 40 Amp breaker required for each charging port, or 2 ports, if equipment provides load sharing capability. (Per NEC Article 625)
  1. Additional Materials and Labor required to complete the installation due to unforeseen circumstances or with Charging Orders (CO) needed to stay on schedule.
  2. By approving this scope of work the customer is acknowledging that draping the charging cable across a sidewalk is a trip hazard and Inhibits ADA access. Additionally, the customer releases Smart Charge America and its employees of all liability for any personal injury or property damage associated with or caused by the draping of the charging cable across the sidewalk.
  3. Where applicable, EV protection to include; wheel stops and equipment protection bollards are not Included, which may be requested by the local AHJ.
  4. Where applicable, Sim Card provided by others for outdoor Wi-Fi/router not included. Smart Charge America will assist in installing it at the time of installation.
  5. Where applicable, Power Management Kit(s) or smart metering dEVices that are not Included in the original order in order to enable smart charging.

Disclaimer of Liability for Signal Strength and Network Performance: As an electrical contractor, Smart Charge America (SCA) provides installation, wiring, and related services in accordance with industry standards and client specifications. We do not guarantee, warrant, or assume responsibility for the performance, adequacy, or reliability of cellular signal strength, Ethernet signal range, decibel-milliwatt (dBm) measurements, or any other network or signal-related performance metrics. These factors are dependent on variables beyond our control, including but not limited to manufacturer specifications, environmental conditions, third-party equipment, network provider services, and site-specific interference. Clients are solely responsible for verifying that such performance metrics meet the acceptable operating ranges as specified by equipment manufacturers or service providers. SCA shall not be liable for any damages, losses, or claims arising from inadequate signal strength, network connectivity, or related performance issues, whether direct, indirect, incidental, or consequential.

Authorization and Property Ownership: By engaging Smart Charge America (SCA) for the purchase, installation, or servicing of electric vehicle charging equipment, the Customer represents and warrants that:
(a) they are the legal owner of the property where the installation will occur, as EVidenced by title or deed; or
(b) if the Customer is not the property owner (e.g., a tenant or lessee), they have obtained prior written consent from the property owner, landlord, HOA or property management company authorizing the installation of the equipment in accordance with all applicable lease agreements, property rules, and local laws. The Customer agrees to provide proof of such ownership or written consent upon request by SCA. SCA shall not be liable for any claims, damages, costs, or legal actions arising from the Customer’s failure to secure proper authorization for the installation. The Customer assumes full responsibility for any disputes with property owners, landlords, or third parties related to the installation and agrees to indemnify and hold harmless SCA, its employees, and affiliates from any such claims or liabilities.

No Responsibility for Incentives, Rebates, or Tax Credits: Smart Charge America (SCA) provides estimated timelines for the completion of installation projects based on factors within our reasonable control, such as scheduling, labor availability, and equipment delivery. HowEVer, the Customer acknowledges and agrees that SCA is not responsible for, nor does it guarantee, the availability, eligibility, or receipt of any local, state, federal, or original equipment manufacturer (OEM) incentives, rebates, tax credits, or other financial benefits related to the purchase or installation of electric vehicle charging equipment or other related products, e.g., Tesla Powerwall, Solar or Bi-directional Charging Systems. Such incentives are administered by third parties (e.g., government agencies, utility companies, or manufacturers) and are subject to change, expiration, or discontinuation without notice. The Customer assumes full responsibility for researching, applying for, and complying with the requirements of any incentive programs, including deadlines, documentation, and eligibility criteria. Estimated project timelines provided by SCA are for planning purposes only and do not constitute a promise or warranty that the Customer will qualify for or receive any specific incentive. SCA shall not be liable for any financial loss, missed opportunities, or damages claimed by the Customer due to the unavailability or denial of incentives, rebates, or tax credits, regardless of the reason, including but not limited to delays in project completion, changes in program terms, or Customer ineligibility. The Customer agrees to hold harmless SCA, its employees, and affiliates from any claims, demands, or disputes arising from such matters.

Software/Communication Plans: Certain closed/integrated OEMs and/or 3rd-Party electric vehicle supply equipment (EVSE) software providers will handle all software/communication plan implementation and future annual billing.  WhichEVer software provider customer chooses or is automatically connected to via their hardware purchase, said software provider will follow up with all necessary software documentation for separate authorization and onboarding.  rEVenue sharing may vary in percentage allocation and where applicable, may include rEVenue sharing directly to the installation provider.  Please review all terms & conditions provided to you by your software provider. By accepting these terms and conditions you acknowledge and agree to also be bound by your software provider’s individual terms and conditions and are authorizing said software provider to submit the invoices, and commit to the quantity herein upon approval.

Complaints: SCA is regulated by each State’s licensing regulatory body which enforces all complaints related to services and operations.  For example, in the State of Texas, SCA is regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas, 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov/complaints.  Should any electrical interference or charging issues arise after installation it is the Customer’s responsibility to contact SCA immediately and allow SCA to honor any electrical work, failures or issues substantiated under our warranty terms. Any work performed or diagnosed by another electrical or trade company other than SCA will immediately void SCA’s original installation warranty and SCA will not be responsible or held liable for any payment made to said electrical or trade company as a result. This is necessary so that the Customer allows SCA to make right of any interference or charging issue occurrence without SCA having to incur additional excessive fees.
Infrastructure: The customer is responsible for adhering to and enforcing all ADA, Federal/State or Local accessibility requirements regarding the project’s specific scope of work prior to commencement of the installation. Failure to do so before commencement of the project will hold the customer responsible for changes or add-ons after the fact. Customer assumes, accepts and validates that the electric distribution panel SCA is tapping into for service is sized for the demands of Electric Vehicle (EV) charging in accordance with the standards set by NEC Article 625. Customer is responsible for installation of necessary electrical infrastructure and conforming to charger manufacturer requirements. Failure to do so before our arrival will hold the customer responsible for changes, add-ons or trip charges ($350 minimum) after the fact.
Change Orders: Any changes to the scope of work after initial customer quote approval may incur additional charges which includes but not limited to restocking fees, any labor used for coordination and planning, permit resubmission fees (where applicable), etc.
Liquidated Damages: Each party acknowledges that determining the resulting damages to Smart Charge America (SCA) for an entire Services rescission, prior to install commencing, would be impracticable or extremely difficult. Therefore, Customer agrees to pay SCA as liquidated damages, and not as a penalty, a 35% liquidated damages payment of the approved service estimate, quote or proposal (SE) as said amount shall be due to SCA immediately, in order to cover SCA’s cost of purchased raw materials for the installation.
Rescheduling or Scope of Work Changes: Any customer approval of a scheduled project start date/time shall be submitted in writing. Should approval for scheduling the date/time of a scope of work be given by the customer and then cancelled or rescheduled within 48 hours of the scheduled start date/time said customer will be subject to a project delay fee of up to 1% of the total approved $ amount. This fee will cover material storage, carrying costs, additional labor used for coordination and planning, etc.

Payment Terms: A 50% deposit is required up front with net 30 day payment terms on the balance. If payment is not received within 30 days after completion of installation, any unpaid due amounts will be subject to interest at 3% per month, or, if less, the maximum rate allowed by law, which will be added to your bill. We accept payment by check, electronic check & ACH with no processing fee (**See ACH wire payment instructions inside your estimate).  Returned checks will result in an NSF fee of $95.00 to be applied to Customer’s balance to be paid by digital invoice. Failure to pay at the completion of work can result in mechanic liens placed on the property and/or prosecution to the full extent of the law. Credit cards are also welcome with a processing fee. Prices shown on the service estimate are in US dollars, include packaging for domestic shipment, and are exclusive of any other amounts including without limitation fees for export, special packaging, transportation and insurance. DROP-SHIPS:  Payment is due in full at time of purchase in order to place charging equipment order. TURN-KEY & MAKE-READY: SCA MUST RECEIVE THE DEPOSIT WITHIN 30 DAYS OF SIGNED APPROVAL. PROJECT MUST COMMENCE WITHIN 60 DAYS OF SIGNED APPROVAL OR ESTIMATE PRICE WILL NO LONGER BE VALID, AS A CHANGE ORDER WILL NEED TO BE ISSUED IN ORDER TO BEGIN PROJECT. TIE-INS: SCA MUST RECEIVE THE DEPOSIT WITHIN 30 DAYS OF SIGNED APPROVAL AND CONFIRMATION THAT ELECTRICAL MAKE READY IS COMPLETE WITHIN 90 DAYS OF EQUIPMENT DELIVERY OR CHARGER STORAGE FEES WILL APPLY AND ESTIMATE PRICE WILL NO LONGER BE VALID, AS A CHANGE ORDER WILL NEED TO BE ISSUED IN ORDER TO BEGIN PROJECT. NOTE: Free charger equipment storage up to 6 months with 100% up front payment received.

Payment Schedule and Project Completion
1. Payment Structure – Initial Deposit
To initiate any commercial or residential electric vehicle (EV) charging station installation project, Smart Charge America (SCA) requires a 50% initial deposit of the total project cost, due upon signing of the contract and prior to the commencement of any work. This deposit secures materials, labor, and scheduling for the project.
 
2. Progress Payment Upon Construction Completion
Upon completion of all construction, installation, and connection work as specified in the original project scope, hereinafter referred to as Construction Completion, SCA will issue an invoice for an additional 40% of the total project cost. Construction Completion is defined as the point at which SCA has fulfilled all contractual obligations related to physical installation, wiring, and equipment setup, as verified by SCA project manager and documented with photos, checklists, or other mutually agreed-upon EVidence. The 40% progress payment is due within 30 calendar days of invoice issuance, regardless of whether the project site is fully operational or activated, provided CC has been achiEVed.
 
3. Final Payment Upon Project Completion
The remaining 10% of the total project cost will be invoiced upon Project Completion, defined as the point at which the EV charging station(s) are fully operational, energized by the utility provider, compliant with all applicable inspections and codes, and ready for customer use. This final payment is due within 30 calendar days of invoice issuance. SCA retains this 10% holdback as an incentive to diligently resolve any outstanding issues and ensure full project activation.
4. Delays Beyond Smart Charge America’s Control
In the EVent that Project Completion is delayed due to factors beyond SCA’s reasonable control, the 40% progress payment upon Construction Completion remains due as outlined in Section 2. Such factors include, but are not limited to:
a. Unexpected Change Orders: Additional work or modifications requested by the customer or required by third parties after Construction Completion, which were not included in the original project scope. SCA will provide a separate quote and timeline for change orders, and these will not delay payment for the original scope.
b. Inspection Delays: Delays in obtaining approvals or permits from the local Authority Having Jurisdiction (AHJ), third-party inspectors, or entities enforcing codes such as Building Enforcement, Fire Marshall, OSHA, Weights & Measures, EPA and/or the Americans with Disabilities Act (ADA). SCA will cooperate fully to facilitate inspections but is not responsible for delays caused by these entities.
c. Utility Power/Energizing Delays: Delays in the provision of electrical power or commissioning by the local utility provider, which prEVent the EV charging station(s) from being energized and fully operational.
In such cases, SCA will provide written notice to the customer within 5 business days of identifying the delay, including documentation of the issue (e.g., correspondence with the utility or AHJ). The customer agrees that these delays do not constitute non-performance by SCA, and the 40% progress payment remains due upon Construction Completion.
5. Customer Responsibilities
The customer agrees to:
  • Provide timely access to the project site for construction and inspections.
  • Coordinate with the local utility provider to ensure power availability and energization.
  • Promptly review and approve any necessary change orders to avoid delays in Project Activation. Failure to fulfill these responsibilities may result in additional costs or delays, for which SCA is not liable.
Quote Validity and Project Phasing
1. Quote Validity
All project quotes provided by Smart Charge America (SCA) for the installation of electric vehicle (EV) charging stations are valid for 30 calendar days from the date of issuance. To proceed with the project, the customer must provide written approval of the quote, including acceptance of the full project scope and terms, within this 30-day period. If approval is not received within 30 days, the quote will expire, and SCA reserves the right to rEVise pricing, scope, or terms based on current market conditions, labor costs, material prices, or other relEVant factors. A new quote will be required to initiate the project.
2. Single-Phase Project Commitment
Unless explicitly stated in the quote, all projects are quoted and planned as a single-phase undertaking, with construction, installation, and commissioning / provisioning / activation to be completed within a continuous timeline as outlined in the project schedule. The quoted pricing, labor estimates, and material costs are based on the assumption that the entire project scope, as defined in the quote, will be executed without interruption or division into multiple phases. This ensures cost efficiency, scheduling accuracy, and compliance with the original project design.
3. Prohibition on Unapproved Phasing
The customer may not unilaterally divide the project into multiple phases or extend the project timeline beyond the agreed-upon schedule without prior written consent from SCA. Any request to phase the project (e.g., completing portions of the work over an extended period, such as years) must be submitted in writing within the 30-day quote validity period and is subject to SCA’s approval. If phasing is proposed after quote approval or project initiation, SCA reserves the right to:
a. REVise Pricing: Adjust the project cost to account for changes in labor rates, material prices, permitting fees, or other expenses incurred due to the extended timeline or fragmented scope. REVised pricing will be provided in a new quote or change order, subject to customer approval.
b. Decline Phasing: Refuse to proceed with a phased approach if it is deemed infeasible due to operational, financial, or logistical constraints. In such cases, SCA may require the project to proceed as originally quoted or terminate the agreement without penalty, refunding any deposit less costs incurred (e.g., permitting, design, or material purchases).
c. Assess Additional Costs: Charge additional fees for project management, storage of materials, or re-mobilization to the site for each phase, as these costs are not included in the original quote.
4. Impact of Phasing on Original Quote
The customer acknowledges that phasing a project may result in significant dEViations from the original quote, including but not limited to:
  • Increased Costs: Material and labor prices may rise over time, particularly for projects spanning multiple months/years, due to inflation, supply chain fluctuations, or changes in regulatory requirements.
  • Permitting and Compliance: Permits, codes, or standards (e.g., National Electrical Code, ADA guidelines) may change between phases, requiring redesign or additional work not accounted for in the original quote.
  • Scheduling Disruptions: Phasing may disrupt SCA’s ability to allocate labor or equipment efficiently, leading to delays or higher costs.
    If phasing is approved, SCA will provide a rEVised quote or phase-specific agreement detailing the updated scope, timeline, and costs for each phase. The customer must approve these terms in writing before work on any phase begins.

Equipment Lead Times: Level 2 charging equipment generally has a 3-5 week lead time and DCFC charging equipment generally has a 6-8 week lead time once order is placed, howEVer due to unpredictable supply chain constraints and/or any other demand fluctuations these could vary at any given time. SCA is not responsible nor will be held liable for any changes or damages in schedule, frequency or timelines associated with equipment ordering from any OEM for any reason at any time as these factors are beyond SCA’s control.

Validity: All estimates, quotes, proposals for services are valid for 30 days. However due to rapidly fluctuating material/equipment prices the quote may change at any time.

Indemnification: In addition to obligations set forth in these terms and conditions, Customer will indemnify, defend and hold harmless SCA and its directors, officers, employees and shareholders from and against all claims, suits, investigations, proceedings, liabilities, damages, losses, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising out of or in connection with (i) any negligent, reckless, intentionally wrongful or other act or omission of Customer or Customer’s Personnel, (ii) any defect or deficiency in the service obligations acknowledged by the Customer, (iii) any determination by a governmental authority or court that Customer or any Customer’s personnel is not an independent contractor, (iv) any breach by Customer of this Agreement, (v) any alleged or actual violation or misappropriation of a third party’s rights resulting in whole or in part from any deliverable by Customer in connection with these terms and conditions, (vi) any penalties, fines and lEVies, contributions, taxes or premiums which may be payable under any governmental law, rule or regulation arising out of the performance of the Services and all taxes lEVied or assessed against SCA arising out of the furnishing or installing by Customer hereunder of any kind of building materials, supplies or equipment, (vii) any claim of non-payment of wages, fees, or compensation by any Customer’s Personnel; (viii) any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission of/by Customer or any Customer’s Personnel; or (ix) death, bodily injury or damage to property that occurs in connection with Customer’s or any Customer Personnel’s performance hereunder.

Governing Law, Forum, and Venue: These terms and conditions will be construed in accordance with and governed by the laws of the State of Texas, without regard to conflicts of laws principles. Without limiting the agreement to State arbitrate laws, Customer and SCA agree the exclusive venue for resolving any dispute between the parties, including but not limited to any Claims, that are not submitted or compelled to arbitration for any reason shall be in the State and Federal courts located in Travis County, Texas, and Customer consents to the jurisdiction of the federal and state courts located in Travis County, Texas. Customer hereby waives any objection to Travis County, Texas, as a forum and venue for the hearing of any dispute between Customer and SCA that is not compelled to arbitration for any reason, including but not limited to any objection based on convenience.


GENERAL:

(a) All designs, data, drawings, software, or other technical information supplied by SCA to Customer in connection with this sale shall remain Company’s sole property.
(b)  SCA will be excused from any obligation to the extent performance thereof is rendered impossible by acts of God, fire, flood, riots, material shortages, strikes, governmental acts, disasters, earthquakes, inability to obtain labor or materials through its regular sources, or any other reason beyond the reasonable control of SCA.
(c)  None of the products or underlying information or technology may be exported or re-exported, directly or indirectly, contrary to US law or US Government export controls.
(e) By signing below, you acknowledge that SCA reserves the right to post EV or EVSE related content and photos of installs through various social media platforms while protecting the privacy and identity of our customers. Please feel free to call us at (866) 885-3873 or email us at info@smartchargeamerica.com if you have any questions. We appreciate you supporting the EV industry and more importantly your commitment to sustainable transportation!
Residential Sales TERMS & CONDITIONS:

Smart Charge America a D.B.A. of Smart Charge Residential, Inc. – Acknowledgment – TERMS AND CONDITIONS OF SERVICE ESTIMATE
This Acknowledgment constitutes acceptance of Customer’s service estimate for the services specified on the service estimate (“Services”), subject to Customer’s consent to the Terms and Conditions of Service below.  Any additional or different terms, including but not limited to those on Customer’s purchase order, are hereby objected to by Smart Charge America (“Contractor” or “SCA”).  If SCA does not receive a written objection within 10 days of the date of this Acknowledgement, Customer’s service estimate, as amended or supplemented by this Acknowledgement, constitutes a binding obligation to engage SCA to provide the Services.

PRICES
Prices shown on the service estimate are in US dollars, include packaging for domestic shipment, and are exclusive of any other amounts including without limitation fees for export, special packaging, transportation and insurance.

PAYMENT
SCA accepts personal and/or cashier checks, in addition to all major credit/debit cards for your added convenience, however the Services are produced at bear market minimum cost, thus SCA asks if wishing to take advantage of lower cost that Customer pays with cash or check as highlighted inside your Service Estimate (SE) total. Customer hereby agrees and accepts by approving this service estimate that any certified validation documentation as may be required from the local Authority Having Jurisdiction (AHJ) is the sole responsibility of the customer to obtain at their own cost. Customer hereby declines the ability for SCA to obtain necessary permitting documentation on the property’s behalf for this project, unless otherwise requested in writing by customer prior to start of the installation, in which said charges will be itemized and billed at additional costs to the project. If a deposit is required the deposit payment must be received prior to work commencing. Returned checks will result in an NSF fee of $35.00 to be applied to Customer’s balance to be paid by digital invoice. Failure to pay at the completion of work can result in mechanic liens placed on the property and/or prosecution to the full extent of the law. This SE is only a written estimate of the cost involved via identified Scope of Work (SOW) above and should be approved in writing by Customer., Each party acknowledges that determining the resulting damages to SCA for SE rescission prior to install commencing would be impracticable or extremely difficult. Therefore, Customer agrees to pay SCA as liquidated damages, and not as a penalty, a 35% liquidated damages payment of the approved SE amount shall be due to SCA immediately, in order to cover SCA’s cost of purchased raw materials for the installation.

SCOPE OF SERVICES CHANGES
If the SOW changes or any deterioration or other unrelated items are discovered during the installation process, a revised SE from SCA will be issued to CUSTOMER for a mutually agreed set price. Any changes to the SE regarding the approved SOW, after the customer has confirmed and scheduled their installation appointment’s date/time, which is received by SCA within 24hours of said scheduled appointment, shall incur an additional re-dispatch fee of $299.00, in addition to any additional change order charges, should our appointment need to be rescheduled. The re-dispatch fee covers and includes, but is not limited to, any applicable equipment & supply restocking fees, additional labor used for logistics coordination & planning, in addition to extra truck roll & fueling expenses. SCA is not responsible for any additional professional trade skills needed to complete electrical installation via SOW, i.e. landscaping, drywall, paint or concrete repair/replacement, or whichever additional trade skills may be needed to complete the installation. Should any electrical interference or charging issues arise after installation it is the Customer’s responsibility to contact SCA immediately and allow SCA to honor any electrical work, failures or issues substantiated under our warranty terms. Any work performed or diagnosed by another electrical or trade company other than SCA will immediately void SCA’s original installation warranty and SCA will not be responsible or held liable for any payment made to said electrical or trade company as a result. This is necessary so that the Customer allows SCA to make right of any interference or charging issue occurrence without SCA having to incur additional excessive fees. If payment is not received within 30 days after completion of installation, any unpaid due amounts will be subject to interest at 3% per month, or, if less, the maximum rate allowed by law, which will be added to your bill. By signing below, you acknowledge that SCA reserves the right to post EV or EVSE related content and photos of installs through various social media platforms while protecting the privacy and identity of our customers. Please feel free to call us at (866) 885-3873 or email us at info@smartchargeamerica.com if you have any questions. We appreciate you supporting the EV industry and more importantly your commitment to sustainable transportation!

PART AND LABOR WARRANTY
SCA warrants to Customer that each EVSE installed as part of the service will be free from defects in materials and workmanship for a period of one (1) year from the date such EVSE is installed at Customer’s location set forth above (“Warranty Period”).  SCA’s sole liability and Customer’s exclusive remedy for such EVSE that fails to conform to this SCA product limited warranty (“Nonconforming Products”) is limited to repair or replacement of such Nonconforming Products, at SCA’s sole option and election.  The warranty for the repaired or replaced EVSE is limited to the scope and duration of the original warranty for the Nonconforming product.  This warranty is contingent upon proper use of the EVSE for which it was intended and does not apply to any EVSE that is subjected to unusual physical or electrical stress, misuse, neglect, improper testing or storage, or unauthorized repair.
The above warranty is for Customer’s benefit only, and is non-transferable.  OTHER THAN AS EXPRESSLY SET FORTH IN SECTION (a) ABOVE, SCA MAKES NO WARRANTIES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE.  SCA SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Return of defective EVSE must be made according to SCA’s then-current return and RMA policies.

LIMITATION OF LIABILITY
SCA’S LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO ANY SERVICES, EV OR EVSE SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID BY CUSTOMER TO SCA FOR SUCH ANY SERVICES, EV OR EVSE.  IN NO EVENT WILL SCA BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY OTHER SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.  THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Authorization and Property Ownership: By engaging Smart Charge America (SCA) for the purchase, installation, or servicing of electric vehicle charging equipment, the Customer represents and warrants that:
(a) they are the legal owner of the property where the installation will occur, as EVidenced by title or deed; or (b) if the Customer is not the property owner (e.g., a tenant or lessee), they have obtained prior written consent from the property owner, landlord, HOA or property management company authorizing the installation of the equipment in accordance with all applicable lease agreements, property rules, and local laws. The Customer agrees to provide proof of such ownership or written consent upon request by SCA. SCA shall not be liable for any claims, damages, costs, or legal actions arising from the Customer’s failure to secure proper authorization for the installation. The Customer assumes full responsibility for any disputes with property owners, landlords, or third parties related to the installation and agrees to indemnify and hold harmless SCA, its employees, and affiliates from any such claims or liabilities.
No Responsibility for Incentives, Rebates, or Tax Credits: Smart Charge America (SCA) provides estimated timelines for the completion of installation projects based on factors within our reasonable control, such as scheduling, labor availability, and equipment delivery. HowEVer, the Customer acknowledges and agrees that SCA is not responsible for, nor does it guarantee, the availability, eligibility, or receipt of any local, state, federal, or original equipment manufacturer (OEM) incentives, rebates, tax credits, or other financial benefits related to the purchase or installation of electric vehicle charging equipment or other related products, e.g., Tesla Powerwall, Solar or Bi-directional Charging Systems. Such incentives are administered by third parties (e.g., government agencies, utility companies, or manufacturers) and are subject to change, expiration, or discontinuation without notice. The Customer assumes full responsibility for researching, applying for, and complying with the requirements of any incentive programs, including deadlines, documentation, and eligibility criteria. Estimated project timelines provided by SCA are for planning purposes only and do not constitute a promise or warranty that the Customer will qualify for or receive any specific incentive. SCA shall not be liable for any financial loss, missed opportunities, or damages claimed by the Customer due to the unavailability or denial of incentives, rebates, or tax credits, regardless of the reason, including but not limited to delays in project completion, changes in program terms, or Customer ineligibility. The Customer agrees to hold harmless SCA, its employees, and affiliates from any claims, demands, or disputes arising from such matters.

GENERAL
(a) All designs, data, drawings, software, or other technical information supplied by SCA to Customer in connection with this sale shall remain Company’s sole property.
(b)  SCA will be excused from any obligation to the extent performance thereof is rendered impossible by acts of God, fire, flood, riots, material shortages, strikes, governmental acts, disasters, earthquakes, inability to obtain labor or materials through its regular sources, or any other reason beyond the reasonable control of SCA.
(c)  None of the products or underlying information or technology may be exported or re-exported, directly or indirectly, contrary to US law or US Government export controls.
(d)  THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES.  The federal and state courts within the State of Texas will have exclusive jurisdiction to adjudicate any dispute arising out of these Terms and Conditions of Service.
Pricing follows all federal electric code requirements, state licensing regulations and municipality & utility design criteria. Any and all project specifics for additional services such as stamped engineering plans, site drawings, load studies and/or any applicable permits and inspections as required by authority having jurisdiction (county, city, or township) are solely the responsibility of the customer to acquire up front at additional cost prior to services being rendered. Permits are generally requested when submitting for any and all State, City or Utility based rebate or other EV incentive program applications.