This Orange Device Limited Warranty (“Warranty”) sets forth the warranty terms applicable to outlets, EVSEs and/or other devices (“Orange Devices”) manufactured and sold by Orange Charger Inc. (“Orange”)that are designed to be installed and used at authorized EV charging locations and to connect to and interact with the web-based software platform provided by Orange (the “Orange OS”).”).
COVERAGE UNDER THIS WARRANTY IS LIMITED TO THE OWNER OF THE ORANGE DEVICE (“OWNER”)AND ONLY WHERE THE ORANGE DEVICE HAS BEEN INSTALLED AT AN EV CHARGING LOCATION AUTHORIZED BY ORANGE THAT IS OWNED OR OPERATED BY THE OWNER (“AUTHORIZED LOCATION”). THIS WARRANTY IS ONLY VALID FOR THE FIRST PURCHASE OF AN ORANGE DEVICES IN THE UNITED STATES FROM ORANGE OR A RESELLER AUTHORIZED BY ORANGE.
COVERAGE UNDER THIS WARRANTY FOR AN ORANGE DEVICE BEGINS ON THE EARLIER OF (A) THIRTY DAYS AFTER SHIPMENT OR (B) THE DATE WHEN THE ORANGE DEVICE IS FIRST INSTALLED AT AN AUTHORIZED LOCATION AND ACTIVATED FOR USE WITH THE ORANGE OS (THE “WARRANTY START DATE”).
Limited Warranty.
Subject to the exclusions and limitations described below, Orange warrants to the Owner of an Orange Device that the Orange Device, when installed and used at an Authorized Location and used normally and in accordance with the user documentation for the Orange Device published and made available by Orange (“Documentation”), will be substantially free from defects in materials and workmanship for a period of 36 months from the Warranty Start Date (the “Warranty Period”). If an Orange Device is returned to Orange during the Warranty Period in accordance with the terms and conditions of this Warranty, and Orange determines that the Orange Device is eligible for and covered by the Warranty, then Orange will either (i) repair the Orange Device;(ii) replace the returned Orange Device or (iii) refund the original purchase price in return for the Orange Device, at Orange’s sole discretion. Repairs maybe made with reconditioned or remanufactured parts and Orange Device units maybe replaced with refurbished units. Additionally, if the Orange Device or a component incorporated within it is discontinued, end-of-life, out of stock or otherwise unavailable, Orange may, at its sole discretion, replace the Orange Device or component with a similar product or component. Repaired or replaced Orange Devices are covered under this Warranty only until the end of the Warranty Period for the originally purchased Orange Device. Under no circumstances will the original Warranty Period be extended as a result of an Orange Outlet being repaired or replaced under this Warranty. The remedies set forth in this section are Owner’s sole and exclusive remedies for breach of this Warranty.
Exclusions.
This Warranty does not cover any defect, damage or malfunction directly or indirectly caused by, due to, or resulting from:
• normal wear and tear (including, without limitation, general appearance or damage to paint, including chips, scratches, dents, and cracks, or fading);
• accidents, abuse, negligence, or misuse;
• lack of or improper or unauthorized installation, testing, repair or maintenance;
• improper storage or transportation;
• failure to follow Documentation;
• use other than the permitted or intended use of the Orange Device, such as use at a location or than an Authorized Location or other than in accordance with its Documentation;
• modification or alteration of the Orange Device or any component other than by Orange or an authorized representative of Orange;
• any technology, equipment, hardware, software, or materials other than the Orange Device, such as faulty or damaged electrical wiring or connections, external electrical faults, junction boxes, circuit breakers, receptacles or other power outlets;
• acts of God and other forces beyond Orange’s reasonable control, such as internet or power outages, wars, riots, terrorism, labor disputes, fires, earthquakes, floods, extreme environmental conditions or other events of “force majeure”;
• failure to contact Orange upon discovery of a defect covered by this Warranty;
• any other cause other than a defect in materials or workmanship.
Return Process.
Orange Devices must be returned during the applicable Warranty Period and in accordance with Orange’s standard RMA procedures, and warranty claims will be processed in accordance with those procedures. Please contact support@orangecharger.com for the RMA procedures. The Owner will be responsible for all shipping costs for Orange Devices that are returned and determined by Orange to be ineligible or not covered by this Warranty.
Orange Repairs.
This Warranty may be voided, or coverage may be excluded, if any maintenance, service, or repairs for the Orange Device is performed by a party other than Orange or an authorized party acting on Orange’s behalf during the Warranty Period.
Ownership.
When an Orange Device is replaced or a refund is given, the Orange Device that is replaced or for which they refund is given must be returned to Orange and become Orange’s property. Any replacement for an Orange Device provided under this Warranty becomes the property of the Owner.
Limits of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ORANGE WILL NOT LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY IN CONNECTION WITH THIS WARRANTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ORANGE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS WARRANTY WILL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE ORANGE DEVICE.
THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ORANGE DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING.