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.

If a maintenance contract or agreement is included in the invoice it is for the stated term and includes priority customer support to resolve equipment issues. These services do not include any labor or warranty provisions, equipment warranties are only provided through manufacturer programs. If labor or a site visit is required, or any third-party expenses, they will be quoted to the customer for approval. Sway will arrange for any approved products or services with the costs billed directly to the customer. Sway may assign any maintenance contract at any time without prior notice and at its option to an affiliate, qualified partner, or third party.

 

Governing law shall be that of Cuyahoga County, Ohio.