VersiCharger AC Series Warranty (Siemens)

Siemens Industry Inc., Future Grid, EMobility (“Siemens”) has
developed a highly reliable EV Supply Equipment (EVSE),
branded as VersiCharge (“VersiCharge EVSE”), that is designed
to withstand normal operating conditions when used in
compliance with the Siemens Installation and Operations
Manual supplied with system as originally shipped by Siemens.
The Siemens limited warranty (“Limited Warranty”) covers
defects in workmanship and materials of the VersiCharge EVSE
(“Defective Product”) for a period of three (3) years (the
“Warranty Period”) from the date of registration of such
VersiCharge EVSE via the registration portal (weblink). The
VersiCharge EVSE must be registered within 90 days of
purchase to activate the warranty policy including the Siemens
Care package.

The Limited Warranty does not apply to, and Siemens will not
be responsible for, any defect in or damage to any Siemens
VersiCharge EVSE: (1) that has been misused, neglected,
tampered with, altered, or otherwise damaged, either internally
or externally; (2) that has been improperly installed, operated,
handled or used, including use under conditions for which the
product was not designed, use in an unsuitable environment,
or use in a manner contrary to the Siemens Installation and
Operations Manual or applicable laws or regulations; (3) that
has been subjected to fire, water, generalized corrosion,
biological infestations, acts of God, or input voltage that creates
operating conditions beyond the maximum or minimum limits
listed in the Siemens VersiCharge EVSE specifications, including
high input voltage from generators or lightning strikes; (4) that
has been subjected to incidental or consequential damage
caused by defects of other components of the electrical system;
or (5) if the original identification markings (including
trademark or serial number) of such VersiCharge EVSE have
been defaced, altered, or removed. The Limited Warranty does
not cover costs related to the removal, installation or
troubleshooting of the customer’s electrical systems. Siemens’
aggregate liability under the Limited Warranty shall not exceed
the original cost of the Defective Product.
During the Warranty Period, Siemens will, at its option, repair
or replace the non-compliant portion of the Defective Product
free of charge, provided that Siemens through inspection
establishes the existence of a Defective Product covered by the
Limited Warranty. Siemens will, at its option, use new and/or
reconditioned parts in repairing or replacing the Defective
Product.

Siemens reserves the right to use parts or products of original
or improved design in the repair or replacement of Defective
Product. If the product has a Wi-Fi module and contains a
defect due to the faulty Wi-Fi module, Siemens may replace
only the Wi-Fi module or the entire unit at its sole and absolute
discretion. If Siemens repairs or replaces a Defective Product,
the Limited Warranty continues on the repaired or replacement
product for the remainder of the original Warranty Period or
ninety (90) days from the date of Siemens’ return shipment of
the repaired or replacement product, whichever is later.
The Limited Warranty covers both parts and labor necessary to
repair the non-compliant portion of the Defective Product, but
does not include labor costs related to un-installing the
Defective Product or re-installing the repaired or replacement
product. The Limited Warranty also covers the costs of shipping
Siemens VersiCharge EVSE’s to Siemens (where Siemens has
first issued a Return Merchandise Authorization / Return Goods
Authorization (“RMA” / “RGA”) number for such product) as well
as repaired or replacement product from Siemens to customer,
via a non-expedited freight carrier selected by Siemens, to and
from locations within the United States (including Alaska and
Hawaii) and Canada, but not to or from other locations outside
the United States or Canada.

The Limited Warranty does not cover shipping damage or
damage resulting from mishandling by the freight carrier.
Where customer seeks to remedy damages caused by the
freight carrier, such claims must be pursued directly against
the freight carrier and not against Siemens. Siemens’ repair
and replacement obligations under this Limited Warranty are
conditioned upon the customer’s strict compliance with the
following policy and procedure:

• All Defective Product must be returned with a RMA / RGA number which customer must request from Siemens.
• RMA/RGA request must include the following information:
  • Proof-of-purchase of the Defective Product in the form of  (1) the dated purchase receipt from the original purchase  of the product at point of sale to the end user, or (2) the  dated dealer invoice or purchase receipt showing original  equipment manufacturer (OEM) status.
  • Model number of the Defective Product
  • Serial number of the Defective Product
  • Detailed description of the defect
  • Shipping address for return of the repaired or replacement  product
• All Defective Product authorized for return must be returned in the original shipping container or other packaging that is equally protective of the product.
• The returned Defective Product must not have been disassembled or modified without the prior written authorization of Siemens.

THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SIEMENS AND, WHERE PERMITTED BY LAW,
IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OR WARRANTIES AS TO THE ACCURACY,
SUFFICIENCY OR SUITABILITY OF ANY TECHNICAL OR
OTHER INFORMATION PROVIDED IN MANUALS OR OTHER
DOCUMENTATION. IN NO EVENT WILL SIEMENS BE LIABLE
FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES
HOWEVER ARISING, WHETHER IN CONTRACT OR TORT,
INCLUDING WITHOUT LIMITATION ANY ECONOMIC LOSSES OF
ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, OR ANY
PERSONAL INJURY AND SIEMENS’ AND ITS SUPPLIERS’
MAXIMUM LIABILITY UNDER THIS CONTRACT SHALL BE THE
ACTUAL PURCHASE PRICE RECEIVED BY SIEMENS FOR THE
DEFECTIVE PRODUCT AT ISSUE, OR ONE MILLION DOLLARS,
WHICHEVER IS LESS. CUSTOMER AGREES THAT THE EXCLUSIONS
AND LIMITATIONS SET FORTH IN THIS SECTION SHALL GOVERN
AND CONTROL OVER ANY OTHER REMEDIES TO WHICH
CUSTOMER MAY OTHERWISE BE ENTITLED AND SHALL BE
GIVEN FULL FORCE AND EFFECT WHETHER OR NOT ANY OR ALL
SUCH REMEDIES SHALL BE DEEMED TO HAVE FAILED OF THEIR
ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE
EFFECTIVE, EVEN IF SIEMENS HAS BEEN ADVISED BY THE
CUSTOMER OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent any implied warranties are required under
applicable law to apply to the Siemens VersiCharge EVSE, such
implied warranties shall, to the extent permitted by applicable
law, be limited in duration to the Warranty Period. In states and
provinces which do not allow limitations or exclusions on
implied warranties or on the duration of an implied warranty or
on the limitation or exclusion of incidental or consequential
damages, the above limitation(s) or exclusion(s) may not apply.
This Limited Warranty gives the customer specific legal rights,
which are the customer’s exclusive remedies hereunder. The
customer may have other rights that vary from state to state or
province to province