EV Testing Solutions LLC.

Service Term and Conditions

Welcome to EV Testing Solutions LLC's terms of service! By using our services, you agree to the following terms and conditions:

Acceptance & Terms. These terms and conditions (the “Terms”) together with any quotation estimate (the “Estimate”), and any purchase order (the “Purchase Order”) submitted between EV TEST SOLUTIONS LLC. (“EV TEST SOLUTIONS LLC”) and its customer (the “Customer") (together, the “Agreement”) and any subsequently executed change order (the “Change Order” and together with the Agreement, the “Agreement Documents”) shall govern the relationship between EV TEST SOLUTIONS LLC. and its Customer.
Pricing and Taxes. Prices quoted by EV Test Solutions LLC, are valid for a 30-day period from the date the Estimate is sent to the Customer. Pricing does not include any sales or use taxes. Any tax, assessment, or charge upon the provision of EV Test Solutions LLC., services, imposed by Federal, State, Municipal or other Governmental authority and any increase in costs resulting from any Governmental laws or regulations affecting the subject matter of any sale, raw material or labor involved therein, and other costs of EV Test Solutions, shall be added to the price and paid by the Customer
Cost Increase. EV TEST SOLUTIONS LLC. may notify Customer in writing or over the phone approval prior to, at commencement or during of the Agreement, of any cost increases for labor / operations (employment costs increase, insurance, fuel, etc.) for all products and services to the extent such increases, individually or in the aggregate, would cause total finished cost of such product or service to increase by more than 2%. Upon Customer's request, EV TEST SOLUTIONS LLC. will furnish reasonable supporting documentation including commodity pricing, supplier pricing changes, increase in service fee, consumer price index and other published data sources. Upon such notification, the parties shall negotiate in good faith to adjust the applicable prices to account for such increases. In the event that price changes are not agreed upon as a result of such good faith negotiations, then the contract is subject to cancellation with no conditions attached, penalties or liability to any party.
Limitation of Liability. Notwithstanding any other provision of these Terms to the contrary, EV Test Solutions’ aggregate responsibility and liability, whether arising out of contract or tort, including negligence and strict liability, under the Agreement, including, but not limited to, all claims for breach, failure of performance or delay in performance shall not exceed the contract price for the products. In no event shall EV Test Solutions LLC., be liable in contract or in tort, including negligence and strict liability, for any special, punitive, indirect, incidental or consequential damages of any kind or character, including, but not limited to, loss of use of facilities or products, diminution in value, loss of revenues or profits or loss under purchases or contracts made in reliance on the performance or non-performance of the services provided by EV Test Solutions LLC., whether suffered by the Customer or any third party, or for any loss or damage arising out of the sole or contributory negligence of the Customer, its employees, agents or any third party.
Restriction of The Period Limitation of Action. Any legal action relating to this Agreement or breach thereof shall be commenced within thirty (30) days from the date the work is finished. Consumer shall be deemed to have accepted all delivered goods which he/she has not rejected within three (3) days of receipt.
Termination. Breach of any of the provisions under the Agreement Documents by Customer, including effecting or allowing any alterations, additions, adjustments, or repairs made by third-parties other than EV TEST SOLUTIONS LLC., unless previously authorized in writing by EV TEST SOLUTIONS LLC, will be cause of termination of EV TEST SOLUTIONS LLC’s obligations under the contract.
Assignment. The Customer may not assign its rights and obligations under these Terms and the Agreement Documents absent the express, prior written consent of EV TEST SOLUTIONS LLC.
Waiver of Trial by Jury. The Customer hereby waives trial by jury in any action or proceeding to which the Customer and EV TEST SOLUTIONS LLC. may be parties, arising out of or in any way pertaining to these Terms or the Agreement Documents. This waiver is knowingly, willingly, and voluntarily made by the Customer, and the Customer hereby represents that no representations of fact or opinion have been made by any individual to induce this waiver of trial by jury or to in any way modify or nullify its effect.
Governing Law & Venue. The Agreement shall be interpreted under and shall be governed by the laws of the state of California without regard to the conflict of law principles thereof. The Parties hereby agree that any dispute between the parties arising under these Terms that is not settled through mediation will be litigated in the federal courts of the State of California.
Indemnity.

(a) To the fullest extent permitted by law, Customer agrees to indemnify and hold harmless EV TEST SOLUTIONS LLC. against any loss or damages incurred by EV TEST SOLUTIONS LLC. for any and all claims arising from or connected to the use of the supplied products and the services rendered, to the extent that such claims do not arise or are caused by EV TEST SOLUTIONS LLC’s sole gross negligence. Damages as referred to herein shall include any monetary damages, court costs, attorney's or legal fees and any other costs or damages suffered by EV TEST SOLUTIONS LLC. arising from, or in connection with, claims made as described in this paragraph.

(b) To the fullest extent permitted by law, agrees to indemnify and hold harmless Customer against any loss or damages incurred by Customer for any and all claims arising from or connected to the use of the supplied products and the services rendered, but only to the extent that such claims arise or are caused by or as a result of EV TEST SOLUTIONS sole gross negligence. Damages as referred to herein shall include any monetary damages, court costs, attorney's or legal fees and any other costs or damages suffered by Customer arising from, or in connection with, claims made as described in this paragraph. Parties expressly agree that EV TEST SOLUTIONS will not be liable before Customer or any third party for the damages, losses or claims arising from (a) any act or omission by Customer or any third party to which EV TEST SOLUTIONS did not consent in writing, (c) the breach of this Terms, (d) prior existing conditions in the buildings and properties were products are installed, or (e) incompatibility or malfunction of other equipment, vehicles or supplies derived from the connection of products by EV TEST SOLUTIONS LLC.
Replacements and Refunds. If any inherent defects in design, workmanship or testing hereunder shall be discovered by Customer and Customer gives EV TEST SOLUTIONS LLC. notice of such defects within thirty (30) days of delivery or from which work is finished, as applicable, EV TEST SOLUTIONS LLC shall, at its sole discretion, either retest any defective EVSE or workmanship or refund for amounts paid by Customer for said services. The aforementioned testing or refunds by EV TEST SOLUTIONS LLC. shall constitute the sole remedy to Customer and the sole liability of EV TEST SOLUTIONS LLC whether on warranty, contract, or negligence. EV TEST SOLUTIONS LLC. shall not be liable for any other costs, expenses, or damages. All warranty issues must be allowed to be inspected and approved by EV TEST SOLUTONS LLC. before any retesting and sealing is made.
Quotation Estimate. Unless noted otherwise, estimated price quotations are based on information available at the time of the Agreement, and subject to the following conditions:

(a) The costs quoted assume continuous and unhindered access to the site by prior arrangement with Customer. Should vehicles or access not be granted per testing start date, vehicle or equipment owner may be subject to clearing or tow away fees.

(b) Prior to arriving on date of testing, Customer shall be responsible and agrees that all EVSE devices are in proper working condition,
1. Free of broken port clips.
2. Free of broken, wear and tear of port charging cables.
3. Free of missing OEM (Original Equipment Manufacturer) parts from the EVSE devices.
4. Free of malfunctions of EVSE display/indicator.
5 Free of malfunctions of EVSE device RFID reader.

(c) Should the EVSE device fail it’s Tolerance Test, at the fault of no other than that of the manufacturers, . EV TEST SOLUTIONS LLC. May work with the manufacturer of the EVSE device company/companies, to remedy the issue and retest at no additional cost, after the repairs, service, or new installation has been completed. Customer agrees that should the EVSE device fail it’s Tolerance test for the second time, after the second, repair, service, or new installation. Customer shall be responsible for payment of all call backs of retesting of EVSE devices. Customer shall pay a fee of no more than $350.00 per visit until the job is completed.
Customer’s Insurance. Customer shall either self-insure or obtain and maintain its own liability insurance for protection against claims arising out of the performance of the testing and sealing services, including, without limitation, loss of use and claims, losses, and expenses arising out of the Customer’s acts or omissions.
Governing Law & Venue. The Agreement shall be interpreted under and shall be governed by the laws of the state of California without regard to the conflict of law principles thereof. The Parties hereby agree that any dispute between the parties arising under these Terms that is not settled through mediation will be litigated in the federal courts of the State of California.
Updates to Terms. EV TEST SOLUTIONS LLC. may modify these Terms at any time by posting a revised version on its website, by otherwise notifying you, and/or by requiring you to accept the new revised Terms. The modified Terms will become effective (i) upon posting or (ii) if we notify you by email, as stated in the email message. Should EV TEST SOLUTIONS LLC. provide you with any work after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to review these Terms to be aware of the most recent version.
Payment Terms. EV TEST SOLUTIONS LLC. will send Customer an invoice, or invoices, pursuant to each Estimate and, if applicable, any Change Order, upon completion of the test work, or of each phase of the test work, as the case may be. Payments for products provided and services rendered shall be due and payable in full immediately for commercial testing, and due upon receipt for commercial testing of each invoice. A simple interest of [three percent (3%) per month] will be imposed on the unpaid balance of overdue accounts. Should this charge exceed that allowed by governing law, the maximum rate allowed by law shall apply.
Default. If the Customer fails to pay any amount under the Agreement Documents or if the Customer fails to observe, keep or perform any other provision of these Terms required of it, and if the Customer fails to remedy, cure or remove such failure in payment or such other failure in observing keeping or performing the provisions of these Terms within [5 days] after receipt of written notice from EV TEST SOLUTIONS LLC. thereof, EV TEST SOLUTIONS LLC. shall have the right to exercise any one or more of the following remedies: (i) terminate the Agreement unilaterally, (ii) demand assurance of performance, (iii) suspend its performance under the Agreement, (iv) notify any owner, general contractor, or bonding company of Customer's default, (v) declare a cross default of any other agreement with Customer and apply any funds from other agreements to any deficiencies hereunder, (vi) seek repossession of its products or render them useless, and/or (vii) exercise all other remedies available at law or under the Agreement. If EV TEST SOLUTIONS LL. commences litigation or employs attorneys to collect payment for any amount due from Customer, Customer agrees to pay reasonable costs and attorney’s fees which may be due. If Customer’s check does not clear, Customer could be liable for more than the check amount plus the face value of the check, all banking fees, and a $250 administration fee.
Publicity. Customer grants exclusive rights to EV TEST SOLUTIONS LLC., and ownership to publish work and projects for publicity purposes. EV TEST SOLUTIONS LLC. reserves the right to take photographs and videos of completed works for our records and for use in our portfolio and social media unless requested in writing prior to commencement not to.

Warranty. EV TEST SOLUTIONS LLC grants a standard, non-transferrable, 30-day warranty on all labor and materials supplied by EV TEST SOLUTIONS LLC. EV TEST SOLUTIONS LLC expressly warrants that material and equipment shall be free from defective workmanship and materials. EV TEST SOLUTIONS LLC. further warrants that all work shall be performed in a workmanlike manner and that said work shall be free from defects in material and workmanship under normal use and service. Customer shall make no repairs or alterations to any parts without the express written consent of EV TEST SOLUTIONS LLC. EV TEST SOLUTIONS LLC’s warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage, use for a purpose for which the work was not intended, improper or insufficient maintenance, modifications performed by the Customer or others, or abuse. Customer supplied equipment is also excluded from EV TEST SOLUTONS’s warranty.

EXCEPT FOR THE FOREGOING WARRANTIES, THE PRODUCTS AND SERVICES PROVIDED BY EV TEST SOLITIONS LLC. ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EV TEST SOLUTIONS LLC. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

EV Testing Solutions LLC.

Service Term and Conditions

By visiting or using any EV TEST SOLUTONS. website, application or interface, or the services provided on any EV TEST SOLUTIONS. website (“Site”), you agree to these Terms of Use. If you are a EV TEST SOLUTIONS LLC, customer, you are also bound by the EV TEST SOLUTIONS, Inc.Service Terms and Conditions and any other terms that apply to your service. If any provision of these Terms of Use conflicts with any term in the Terms & Conditions, the Terms & Conditions apply.

Site Use. You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21 or legally emancipated) or that you are using the Site under the supervision of a parent or guardian. Your use of the Site is limited to non-commercial, personal use only. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.

Prohibited Uses. You agree not to:

use the Site or its contents for any purpose that is unlawful or prohibited by these Terms of Use;
resell any aspect of the Site or services available on it;
bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site;
use the Site to send altered, deceptive or false source-identifying information;
use the Site to intercept, collect or store personal information about other users;
spam other users or take other actions that may affect the operation or enjoyment of the Site by other users;
access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process;
decompile, disassemble or reverse engineer any of the software or content used in any part of the Site;
send a virus or use any malicious programs or techniques in connection with the Site;
overload or crash the Site; or
infringe the copyrights or intellectual property rights of others.

Submissions. The Site has features that let you submit content or communicate with EV TEST SOLUTONS LLC., other users, and 3rd parties, such as email, quote forms, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials you submit via the Site are referred to here as “Submissions.” You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Site. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request:

any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion;
any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services);
any information you are prohibited from transmitting by contract or confidential relationship;
any material that exploits or harms minors (any person under the age of 18), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors;
any material that could harm EV TEST SOLUTIONS LLC.’s business, reputation, employees, facilities, or any person;
any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy;
content for which you were compensated or granted any consideration by any third party;
content that references other websites, addresses, email addresses, contact information, or phone numbers;
content that contains computer viruses, worms, or other potentially damaging computer programs or files.

Rights in Submissions. For any Submission you post, upload, submit or request via the Site, you grant EV TEST SOLUTIONS LLC. and it’s third party partners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, analyze, modify, adapt, publish, translate, transmit, create derivative works from, distribute, analyze and modify your Submission for commercial purposes now known or hereafter developed. You agree that you have no recourse against EV TEST SOLUTIONS LLC. for anyone’s infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any “moral rights” in your Submissions. You also irrevocably agree that EV TEST SOLUTONS LLC. can pursue claims against anyone who violates EV TEST SOLUTIONS LLC’s rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use. By submitting your email address, contact information, address, phone number or any other information in connection with your Submission, you agree that EV TEST SOLUTIONS LLC. or third party service providers may use your email address, phone number or address to contact you about the status of your submission and other administrative purposes. If you are under the age of 18 (or, if you are a Puerto Rico resident, under the age of 21), we will honor your request to remove any Submission you previously posted, uploaded, or submitted on the Site. To request Submission removal, please contact [email protected]

Third Party Sites and Service Providers. Parties other than EV TEST SOLUTIONS LLC. may use Submission content, data, services and products through the Site for business purposes. Service providers we use may need access to your personal data to do work for us. Service providers are contractually required to treat the personal data we provide as confidential and to use the personal data only to provide the services we requested. Examples of the service providers we engage include print, mail, or email vendors, web hosting vendors, and cloud service providers. Some third parties need access to personal data for their own purposes or for purposes you have requested. For example, we may share data with utility companies, OEM’s and similar regulated entities, banks for device financing, and payment processors to help us provide and for you to obtain these Services or for Services you have requested.

Intellectual Property Rights. Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of EV TEST SOLUTIONS LLC. and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.

Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of EV TEST SOLUTIONS LLC., its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of EV TEST SOLUTIONS LLC. or their relevant owners. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of EV TEST SOLUTIONS LLC. or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by EV TEST SOLUTIONS LLC.

Promotional Codes. From time to time, you may receive a promotional code provided by or on behalf of EV TEST SOLUTIONS LLC. redeemable for certain promotions or offers ("Codes"). Such Codes have no cash value, are non-transferable and may have an expiration date, as well as other limitations and restrictions identified by a promotion. Codes may be found on or in product packaging, through Internet and other digital promotions, on brochures, notices (electronic, online, TV, radio), or other materials. A Code may only be entered once unless otherwise expressly permitted by EV TEST SOLUTIONS LLC.. We are under no obligation to release, continue to release, honor, or maintain any Codes or maintain any services or features provided through Code redemption. EV TEST SOLUTIONS LLC. reserves the right to limit, modify, or discontinue services and features accessed by Codes for any reason even after such service/feature has been redeemed, at our discretion and without prior notice to you.

Pricing and Information. EV TEST SOLUTIONS LLC. does not warrant that the content on the Site is accurate, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. EV TEST SOLUTIONS LLC. reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.

WARRANTY DISCLAIMERS. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, EV TEST SOLUTIONS LLC. DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. EV TEST SOLUTIONS LLC. DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL EV TEST SOLUTIONS LLC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, , ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF EV TEST SOLUTIONS LLC. OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EV TEST SOLUTIONS LLC, (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, EV TEST SOLUTIONS’s liability is limited to the greatest extent permitted by law.

Indemnification. You agree to indemnify, defend, and hold harmless EV TEST SOLUTIONS LLC, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.

Governing Law. These Terms of Use are governed by and will be enforced under the Federal Arbitration Act, applicable federal law, and the laws of the state of California as they are applied to agreements entered into and to be performed in California.

Electronic Communications. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.

Miscellaneous. We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. EV TEST SOLUTIONS LLC’s failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. EV TEST SOLUTIONS LLC. may assign its rights and duties under these Terms of Use to any party at any time.

EV TEST SOLUTIONS