Terms & Conditions
These Terms and Conditions (“T&Cs”) are the exclusive terms for the sale of Electric Vehicle Supply Equipment (“EVSE”) and accessories, including data and software subscriptions (together “Products”), by Sway Mobility Inc. and/or its affiliates (“Sway”) and the Customer. Acceptance of a purchase order by the Customer includes acceptance of these T&Cs.
A purchase order will only be accepted by Sway in writing from the Customer’s authorized representative. Quoted or estimated prices are subject to change until a purchase order is accepted (unless the quote is through a pre-negotiated program like a state purchasing contract). All purchase orders, when accepted by Sway, are non-refundable and non-cancelable and only returnable under accepted warranty claims.
All prices are FOB shipping point, with risk of loss assumed by the Customer at time of shipment, and shipping costs may be estimated until actual costs are received from the shipping agent.
Unless otherwise noted, prices do not include sales, use, excise, value-ad, import or other taxes or tariffs, which are solely the responsibility of the Customer.
Payment is due as stated on the invoice with interest at the greater of the maximum allowed by law or 1.5 percent per month on past due balances.
Installation is solely the responsibility of the Customer at its cost and expense. Unless a separate agreement for installation is entered into, Sway makes no warranty, and has no responsibility, for the quality or appropriateness of the installation of the EVSE and accessories.
The Products may include a manufacturer’s warranty and that is the sole warranty available to the Customer. The Customer shall look solely to the manufacturer for any defect or claim. Sway makes no warranty with respect to the appropriateness or performance of the Products, implied, statutory, or otherwise. The Customer’s sole remedy for any breach by Sway shall be a full or partial refund of the purchase price.
Governing law shall be that of Cuyahoga County, Ohio.