Please read these Terms and Conditions carefully, as they constitute the entire agreement T&C between you and BharatNex, the “Provider,” regarding the EV Charging Station Plan (the “Plan”) you have purchased as indicated on the Declarations Page. This Agreement is subject to the laws of the state where your service address is located. BharatNex reserves the right to modify or add new terms to the Plan and this Agreement in accordance with applicable law. We have included a mandatory arbitration provision in this Agreement (including a class action arbitration waiver), and we advise you to carefully read the Arbitration section.
What is Included in the Plan:
Once you purchase a Charger greater than 7kW rating from BharatNex website, Exicom’s Service contractors will install your purchased Charger of Level II or III Electric Vehicle Supply Equipment (“EVSE”) at your service address. The EVSE, shipped directly from the original equipment manufacturer Exicom to our Service Contractor, will be installed following a Standard Installation process in accordance with the Exicom’s instructions.
Standard Installation Includes:
– 40 ampere 240-volt circuit breaker installed in your existing utility panel
– Up to one hundred (100) feet of feeder cable from the utility panel to the wall-mounted EV charging unit
– EVSE wall-mounted in a location approved by our Service Contractor
– EVSE testing and confirmation of operational status
– Operational and troubleshooting training for you
– Permit and permit fees, if applicable
Standard Installation Does Not Include:
– Alteration, repair, maintenance, or updating of the utility panel or other electrical system components beyond the mentioned scope
– Alteration of the EVSE or electric vehicle, or EVSE mounts or hardware not included in the OEM package
– Additional charges may apply if the feeder cable cannot be easily routed from your utility panel to the EV charging unit, requiring installation of the circuit breaker through conduit attached to the wall’s surface
– Removal, replacement, or repair of drywall, paint, or other household wall or structural components
– Installations at detached garages without existing electric capabilities to accommodate the EVSE (240-volt circuit breaker with at least 40 ampere capacity)
– Installations at multi-family dwellings or commercial properties
– Installations at exterior locations
Please note that the Service Contractor will determine whether your premises qualify for a Standard Installation. If additional requirements exist beyond the Standard Installation, the Service Contractor will provide you with the necessary information and associated costs.
The EVSE may be a new, repackaged, or certified refurbished unit, and it remains the exclusive property of BharatNex throughout the Agreement, unless you exercise the Buy-Out Option described below.
What is Not Included in the Plan:
BharatNex is not responsible for any products or services not explicitly listed in the “What is Included in the Plan” section. To be eligible for enrollment in the Plan, your electric service and electrical system must comply with OEM specifications, local, state, and federal codes, and be accessible to our Service Contractor. The Plan is limited to residential-use property, and if your service address is a rental property, you must be authorized to perform the specified services for the covered equipment. BharatNex reserves the right to refuse service or enrollment if eligibility requirements are not met.
How to Make a Service Call:
To schedule service under the Plan, you must contact BharatNex at (your customer service number) to arrange a service appointment during regular working hours (11:00 am to 6:00 pm, Monday through Friday). All services will be performed by an authorized technician from BharatNex’s network of approved third-party service contractors (the “Service Contractor”). Please note that Service Contractors are independent contractors and not employees or agents of BharatNex or its affiliates.
Information Sharing:
BharatNex, the Exicom, and Independent Service Companies may share necessary information to confirm your Plan enrollment and operate any remote and online features. Data collected during Plan fulfillment may be used for analysis, improvement purposes, and other legally permissible activities. Any data included in publicly-available studies will be anonymized to protect individual identities.
Term of Coverage and Cancellation:
This Agreement is effective as of the “Effective Date” indicated on the Declarations Page and is valid for thirty-six (36) months from that date. After the initial term, the Agreement will automatically renew for additional twelve (12) month annual terms unless canceled. You may cancel the Agreement at any time by notifying BharatNex at the phone number provided on the Declarations Page. BharatNex may cancel the Agreement for misrepresentation, non-payment, violation of the Agreement’s Terms and Conditions, regulatory requirements, or at its discretion to discontinue the Plan or your specific participation.
Buy-Out Option:
Upon Agreement termination and provided you are current on all payments, you may elect to purchase the EVSE at the Buy-Out Price stated by our executive to these Terms and Conditions. To exercise the Buy-Out Option, you must notify BharatNex within fifteen (15) days after termination and make the Buy-Out Price payment. Upon purchase, you will be responsible for all costs associated with the EVSE, including repairs, replacements, and removal.
Price/Billing:
Your monthly charge, including applicable taxes or surcharges, is provided on the Declarations Page. BharatNex will submit the initial charges for billing five (5) business days after the Agreement’s Effective Date, with subsequent charges billed on or around the same day each month. Payment may be applied in accordance with your utility’s prioritization of payments schedule.
Warranty and Limitation of Liability:
BharatNex is not the manufacturer of the products covered by the Plan, and this Agreement does not constitute an express or implied warranty.
To the fullest extent allowed by law, BharatNex, its parent and affiliates, and the Service Contractor shall not be liable for incidental, indirect, consequential, special, or punitive damages. The liability of BharatNex, its parent and affiliates, and the Service Contractor shall be limited to three (3) times the amount paid under the Plan by you during the previous twelve (12) months.
Arbitration Provision:
Any claim, dispute, or controversy between you and BharatNex arising from or relating to this Agreement or the Plan shall be resolved by binding individual arbitration. You and BharatNex waive the right to a trial by jury, to assert or participate in class action lawsuits, private attorney general lawsuits, and joint or consolidated lawsuits or arbitrations. Arbitration will be conducted by the Indian Council of Arbitration (ICA) pursuant to its Consumer Arbitration Rules, as modified by this Agreement. The arbitrator’s decision will be final and binding, except for limited rights of appeal provided by the Federal Arbitration Act. The full Arbitration Provision shall be governed by federal law, including the Federal Arbitration Act.
Assignment and Miscellaneous Terms:
BharatNex may assign this Agreement without notice. Section and other headings in this Agreement are inserted for convenience and reference only. If any provision is invalid or unenforceable in a jurisdiction, it shall not affect the validity or enforceability of other provisions. References in plural form include singular and vice versa.
By entering into this Agreement, you agree that the EVSE is personal property and will not be moved from the service address without BharatNex’s consent. Please note that this revised Terms and Conditions document is tailored specifically for BharatNex’s EV Charging Station Plan. If you have any further instructions or modifications, please let me know.